JUDGMENT The four petitions, particularised as (1) W.P. No. 1145/95 (Deshraj Singh and another v. Indore Municipal Corporation), (2) W.P. No. 1146/95 (Arjun Singh v. Indore Municipal Corporation), (3) W.P. No. 1147/95 (Kamlesh Sharma v. Indore Municipal Corporation, Indore) and (4) W.P. No. 1148/95 (Mahesh Oza v. Indore Municipal Corporation, Indore) are filed by five different persons as public interest litigation, as W.P. No. 1145/95 is filed by two petitioners. The grievance of the petitioners in each petition is that the respondent (Indore Municipal Corporation, Indore) is non-chalant in the matter of discharge of its legal obligations with regard to (i) Roads, (ii) Drains (iii) Water Supply (iv) Animals, (v) Measures for public health and safety and (vi) Hygienic conditions. On this linchpin, a writ is claimed against the respondent for appropriate steps concerning the aforesaid matters. It is averred in the petition (M.P. No. 1145/95) that a notice under section 401 of the M.P. Municipal Corporation Act was served on the respondent, but It proved to be an exercise in futility. True it is that the respondent is required to take appropriate steps to ensure hygienic conditions so that the public health is not put in jeopardy. In AIR 1995 Supreme Court 922 (Consumer Education and Research Centre and others v. Union of India and others), it is held as under :-- "The expression 'life' assured in Art. 21 of the Constitution does not connote mere animal existence or continued drudgery through life. It has a much wider meaning which includes right to livelihood, better standard of life, hygienic conditions in work place and leisure." -x- -x- -x- Article 1 of the Universal, Declaration of Human Rights proclaims that "all human beings are born free and equal in dignity and rights." Article 21 of the Constitution of India is now viewed as enlarged in its sweep to encompass human personality in its full blossom with invigorated health. Article 38 (1) of the Constitution of India also lays down the foundation for human rights and enjoins the State to promote the welfare of the people. Some of the pleas contained in the petition constitute public nuisance. The notice under section 401 of the M.P. Municipal Corporation Act also remains unresponded. The petitions do not contain adequate data and material to permit any specific direction by us at this stage.
Some of the pleas contained in the petition constitute public nuisance. The notice under section 401 of the M.P. Municipal Corporation Act also remains unresponded. The petitions do not contain adequate data and material to permit any specific direction by us at this stage. In the result, on consideration of the submissions, we dispose of this petition as under:-- (a) The petitioners may have recourse to appropriate proceedings under section 133 of the Code of Criminal Procedure before the prescribed authority. (b) The petitioners may submit appropriate representation in this behalf to Respondent within 15 days from today and demand remedial measures within reasonable time say within three months from the receipt of such representation. With the aforesaid observations, this petition as also the other petitions as particularised above stand disposed of summarily without notice to the other side. This order shall be retained in the record of W.P. No. 1145/95 and a copy of the same shall be placed in the records of the connected writ petitions.