P NAVIN KUMAR INDIAN HERITAGE SOCIETY Vs. BOMBAY MUNICIPAL CORPORATION:MUNICIPAL CORPORATION OF GREATER BOMBAY

JUDGEMENT

(1.) Petitioner-Indian Heritage Society and others are aggrieved by the judgment of the Bombay High Court dated September 11, 1996 holding that construction of toilet block near "Gateway of India" in Mumbai by the Municipal Corporation of Greater Bombay is valid.

(2.) The petitioners had filed writ petition in the Bombay High Court as Public Interest Litigation praying for a writ of certiorari or any other appropriate writ, order or direction to quash and set aside all permissions and sanctions granted by the Municipal Corporation of Greater Bombay and the Municipal Commissioner for the construction of "new public toilet block abutting the sea on the northern side of the plaza of the Gateway of India and for the demolition of the existing old toilet block." A writ of mandamus was also sought directing Indian Hotels Company Ltd. to take all necessary steps under the provisions of the Maharashtra Regional and Town Planning Act, 1966 to prevent and prohibit the Municipal Corporation of Greater Bombay, the Municipal Commissioner and the State of Maharashtra from proceeding with the construction of the said new toilet block and for demolition of old toilet block. Lastly, the petitioners prayed requiring Union of India in the Ministry of Environment and Forests to take necessary steps under the provisions of Environment (Protection) Act, 1986 to prohibit the aforesaid respondents from proceeding with the construction of the said new public toilet block. There was also a prayer for demolition of the existing old toilet block and of whatever construction of the new public toilet block was there. In short the writ petition was directed against the construction of the new toilet block near the Gateway of India and for demolition of the old toilet block.

(3.) High Court in the impugned judgment said that it was not a fit case for interference under Art. 226 of the Constitution when the Municipal Corporation was providing a facility which is a must for the human beings at a place which is visited by thousands of persons everyday. It said that facility of providing toilet block was also to prevent nuisance because there could be unauthorised use of the open spaces around the Gateway of India by persons to answer calls of nature. It was noticed that the resolution to construct toilet block was passed as far back on August 5, 1991 and till after the toilet block was constructed the writ petition was filed only March 13, 1992. After having said so High Court also examined the merits of the case and dismissed the writ petition. Interim relief which the High Court had granted from using the new toilet block by the public was vacated.