H K NANDWANI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) A common question arises for consideration in five writ petitions. Respondent MCD started a scheme of Community Toilet Complex under Yamuna Action Plan. The community toilets have been allotted in various parks. Residents of the locality are aggrieved by the location of these toilets. At the stage when the petition was listed for admission it was directed that the toilets could be constructed but the same would be subject to the final outcome of the writ petitions. It is not disputed that the toilet complexes now stand constructed.

(2.) Learned counsel for the petitioners have contended that open spaces of parks should not be permitted to be used for toilet complexes. It is further contended that the said toilets will be used not by the residents of the locality alone but by other persons including Jhuggi dwellers. It is further contended that the association of the residents should have been heard before such a decision was taken.

(3.) A query was put to the learned counsel for the petitioners as to in what manner is the master plan voilated. To this the only answer is that the park should be used only as an open space and that the MCD should have obtained permission from the DDA. The DDA has not raised any objections to the construction of the toilets and in my considered view the petitioners thus cannot make a grievance in respect of the same. It is also relevant to point out that in the development code which is part of the Delhi Master Plan, Park areas can be used for toilets. Thus a specific provision has been for the same.