Presence Of Public Urinal And Open Garbage Bin Next To Residence Violates Article 21 Right To Live With Dignity In Clean Environment; Delhi High Court
Safiya Malik
The High Court of Delhi, Single Bench of Justice Amit Bansal, directed the Municipal Corporation of Delhi to demolish an unauthorised open garbage bin and public urinal constructed adjacent to a petitioner's residence within four weeks, while also mandating the installation of properly covered dustbins at a distance from the property. The Court affirmed that residing in proximity to such unsanitary civic infrastructure constitutes a violation of the constitutional right to life under Article 21, which encompasses the right to live with dignity in a clean and hygienic environment. The Court noted that a hygienic environment is integral to healthy living, and its absence fundamentally undermines an individual's dignity — a protection guaranteed by the Constitution.
The Court was dealing with a plea filed by one Rachit Gupta, a lawyer by profession, seeking demolition of a "kudadaan" and urinal unauthorisedly constructed on the eastern walls of his property in a locality in Delhi. It was his case that about 150 residents in his neighbourhood used to throw their garbage and waste and also used the urinal. Photographs evidencing the existing conditions were submitted along with the petition.
He averred that he had made several requests before the officials of the respondent authorities to maintain sanitary conditions in and around the open garbage bin and the public urinal, but no action was taken. It was further argued that since the locality is residential in nature, a public urinal was unnecessary, and that under the Solid Waste Management Rules, the MCD was obligated to collect garbage directly from residents' homes rather than maintaining an open bin.
The Court noted that the presence of an open garbage bin as well as a public urinal is "undoubtedly a nuisance to the residents of the area including the petitioner, outside whose house the same is located."
The Court further recorded that it "empathises with the petitioner as well as other residents inasmuch as presence of a public urinal as well as an open garbage bin would result in stench in the surrounding areas." It was also observed that "the residents of the aforesaid locality have been constrained to live in such a deplorable condition" and that "the photographs filed with the petition clearly demonstrate the existing state of affairs."
On the question of the right to a healthy environment, the Court observed that "one of the integral aspects of a healthy life is hygienic environment" and that "absence of a healthy environment would frustrate the right of the petitioner to live with dignity."
The Court stated that "the presence of a public urinal and an open garbage bin right next to the petitioner's house clearly violates his right to life guaranteed under Article 21 of the Constitution, which includes right to live with dignity in a clean and healthy environment." In support of this position, the Court referred to State of M.P. v. Kedia Leather & Liquor Ltd. (2003) 7 SCC 389 and Chameli Singh v. State of U.P. (1996) 2 SCC 549.
The Court directed that "a direction is issued to the respondent no.2/MCD to forthwith demolish the open dustbin and the urinal next to the house of the petitioner at House No.3148, Lal Darwaza Bazar, Sita Ram Bazar, Delhi-110006 within four (4) weeks from today. A direction is issued to the respondent no.2/MCD to arrange proper covered dustbin for dry and wet waste to be kept at a distance from the petitioner's property."
Advocates Representing the Parties
For the Petitioner: Rachit Gupta, Advocate (Petitioner-in-Person)
For the Respondents: Ms. Rachit Garg, Advocate for GNCTD; Mr. Vaibhav Singh, Advocate
Case Title: Rachit Gupta v. Government of NCT of Delhi and Ors.
Neutral Citation: 2026:DHC:1483
Case Number: W.P.(C) 13633/2024 & CM APPL. 57027/2024
Bench: Justice Amit Bansal
