HARISH CHANDRA Vs. GORAKHPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) RAVI S. Dhavan, J. Some times local politics and petty squabbles can go to ridiculous propositions in the violation of civic sense, good neighbour conduct and regard for the convenience and tolerance of others. This is one such case. The petitioner complains that his neighbour, the respondent No. 3, as a matter of per sonal prestige, spills sullage and sewage from his old privy and latrine and dis charge it infront of his house. Apparently when these two neighbours could not sort put their differences amongst them, the issue reached the local authorities. These were the Gorakhpur Development Authority, respondent No. 1 and the Nagar Mahapalika, Gorakhpur, the respondent No. 2. The Gorakhpur Development Authority functions under the U. P. Urban Planning and Develop ment Act, 1973 and the Nagar Mahapalika Gorakhpur, under the U. P. Nagar Mahapalika Adhiniyam, 1959. As both these public bodies are in- charge of city planning and its maintenance, they dis charge public duties for the benefit of the public.

(2.) THE petitioner complained to the Gorakhpur Development Authority of the inconvenience and the health-hazard, he was being subjected to by the respondent No. 3 from the discharge of the filth and sullage from an open service latrine in-front of his house. THE petitioner's com plaint was enquired into by the Gorakhpur Development Authority. A Junior En gineer gave a report. THE essence of which is that the respondent No. 3 was in fact, discharging sewage and sullage off his latrine, infront of the petitioner's house. THE allegation against the respondent No. 3 is that he had constructed a service latrine as opposed to a flush latrine.

(3.) THE Gorakhpur Development Authority and the Nagar Mahapalika, Gorakhpur have not answered the writ petition by a countei-affidavit. Likewise, the State of U. P. has also not filed a counter-affidavit. THE single most con tributing factor which even to-day promotes to this horrible concept of untouchability, is that society has not permitted manual scavenging as an institution to die by a one stroke effort 10 eliminate this abhorable practice by flush toilets.