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Bombay High Court Asks BMC, How Can You Turn Private Toilets Public?
Bombay High Court asked BMC to explain the provisions under which the civic body had decided to convert 'private toilets' into public ones
- Vishabh Saini
- Posted by
- March 07, 2018 04:51 IST
New Delhi : Bombay High Court asked Brihanmumbai Municipal Corporation or BMC to explain the provisions under which the civic body had decided to convert 'private toilets' into public ones under the Swachh Bharat Mission.
Along with the petrol pump association, many petrol pump owners filed a writ petition which is being heard by a division bench of Justices A S Oka and Riyaz Iqbal Chagla for this issue.
The petitioners were seeking a stay on a notice issued by the civic body on December 22, 2017, under which the BMC had put up signboards across all such stations informing the public to utilise the toilets at petrol pumps.
The bench said, "It is your obligation to build toilets (under Swachh Bharat Mission). While you do not do that, instead you make private toilets into public toilets."
Court questioned, "What is the source of power that allows BMC to claim that toilets inside private petrol pumps are public toilets?"
The counsel for the BMC said that the corporation had done so to further the cause of the Centre's Swachh Bharat Mission.
Councel has said, "A meeting was held and the petitioners had allowed us to use these toilets for public purpose during emergency."
Justice A S Oka said that action under the Swachh Bharat Mission or any other scheme of the Union government also had to be in accordance to law.
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He asked, "Which law can allow you to convert private toilets into public toilets? As per the minutes of the meeting submitted by the petitioners, they had never allowed the civic body access to toilets in petrol pumps for general public."
Court said, "You cannot put up boards outside their 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."