How can BMC convert private-toilets into public? Bombay HC questions
The Bombay HC today asked the Mumbai/brihanmumbai-municipal-corporation'>Brihanmumbai Municipal Corporation to explain the provisions under which the civic body had decided to convert "private toilets" into public ones under the Swachh Bharat Mission. A division bench of Justices AS Oka and Riyaz Iqbal Chagla was hearing a writ petition filed by owners of various petrol pumps across Mumbai and the petrol pump association. Here's more.
Petrol pump owners seek stay on BMC notice
The petitioners were seeking a stay on a notice issued by the BMC on 22 Dec'17, under which BMC put up signboards across all such stations informing the public to utilize toilets at petrol pumps. "It is your (BMC's) obligation to build toilets (under Swachh Bharat Mission). While you do not do that, instead you make private toilets into public toilets," the bench said.
BMC directed petitioners to allow general public to use toilets
The petitioners had also told the Bombay High Court that they had been directed by the BMC to make toilets at their stations or the premises available for the use of general public free of cost under the Swachh Bharat Mission. The civic body has also put up signboards to the effect at various petrol pumps, the petitioners said.
BMC did so to further cause of Swachh Bharat
"What is the source of power that allows BMC to claim that toilets inside private petrol pumps are public toilets?" questioned the HC. The BMC's counsel said the corporation did so to further the cause of the Centre's Swachh Bharat Mission. "A meeting was held, and the petitioners had allowed us to use these toilets for public purpose during emergency," said BMC's counsel.
Petitioners never allowed conversion of their toilets into public ones
Justice Oka said action under Swachh Bharat Mission or any other Union Government scheme has to be in accordance with law. "Which law can allow you to convert private toilets into public toilets," Oka asked. He pointed out that as per the minutes of the meeting submitted by the petitioners, they never allowed the BMC access to toilets in petrol pumps for the public.
Court tells BMC it can't put boards outside petrol pumps
"You (BMC) cannot put up boards outside their (petitioners') properties saying that the toilets in their premises are public toilets. How can you do that following the Swachh Bharat Mission? Show us where it says so," said the high court.
BMC asked to take instructions in the matter immediately
The HC stated: "You (BMC) cannot do this. Take instructions that you will not do this in a private property. The Swachh Bharat Mission cannot affect the rights of others." It added: "You cannot put up boards without consent of the petrol pump owners. You will have to remove the boards wherever it is required. Otherwise, we will have to pass relevant orders."
