Judgment Dr. Vineet Kothari, J.-By the order dated 29th March, 2005 this Court taking suo moto cognizance of a new item published in Rajasthan Patrika - Metro Patrika dated 17th March, 2005 treating the same as Public Interest Litigation (PIL) issued notices to the respondents State and Jaipur Municipal Corporation regarding construction of various urinals and toilets in Jaipur City, Jaipur. By an interim stay, the Court stopped further construction of such toilets and urinals. 2. Upon notices the respondents have filed their counters and in their reply they submitted that in pursuance of the earlier directions of this Court namely; order dated 14th August, 2003 followed by various directions from time to time and on 25th November, 2003 in suo moto writ petition bearing No. 4783/2003 inter alia this Court had directed that Municipal Corporation shall work out a plan for building one hundred toilets as per approved design of New Delhi Municipal Corporation or they can be erected as B.O.T. Type (Build Operate and Transfer) basis so that the Municipal Corporation need not to spend any money and at the same time they are managed properly for the general cleanliness and good environment to be maintained in Jaipur City. 3. In pursuance of such directions, the Respondent State submits in its reply that a meeting was held on 17th December, 2003 and the minutes of the same were published alongwith its decision on 22nd December, 2003 and exercise of notifying various places for construction of toilets was started and in that regard suggestions were also invited from the Corporatoars so that taking note of the need of the toilets, the construction of the same could be started after inviting applications from the interested persons. It is further stated that after identifying such places tender notices were issued through News-papers to invite applications for construction of BOT Type Toilets and in response to said tender notices as against hundred notified places, applications were received only for nine packages which too were withdrawn by the concerned Firms/Persons.
It is further stated that after identifying such places tender notices were issued through News-papers to invite applications for construction of BOT Type Toilets and in response to said tender notices as against hundred notified places, applications were received only for nine packages which too were withdrawn by the concerned Firms/Persons. For complying with the order passed by this Court in letter and spirit, the Municipal Corporation again undertook fresh exercise to identify the places which included making up of all the old places of public toilets and urinals plus certain new places coupled with a choice of the Firm/Person concerned to apply for a single public toilet/urinal and garbage bins alongwith the multiples also. The Municipal Corporation felt that construction of toilets in New Delhi on BOT Type was a successful experiments and, therefore, they would also proceed in the same manner. It was so directed by this Court also vide order dated 25th November, 2003. 4. The Municipal Corporation thereafter has identified 71 locations and invited further tenders for such 71 locations but applications were received only for 41 locations. The Municipal Corporation further states that out of 41 locations for which the applications were received, the Municipal Corporation has cancelled three locations out of which, one is near the Bridge of Amani Shah Nala, another was near Gaurav Tower and lastly at Gandhi Circle near Kanodia College, Jaipur and as such only 38 locations are being finalised. These averments are to be found in the reply filed on behalf of the respondent No. 1, the State through the Officer Incharge, the Executive Engineer, Nagar Nigam, Jaipur. 5. The Municipal Corporation has filed a separate reply also. In the said reply they have also taken the stand that the proposed urinals and toilets would be constructed to comply with the directions given by this Court in the aforesaid PIL writ petition No. 4783/2003, with particular reference to orders dated 14th August, 2003 and 25th November, 2003. No. rejoinder to these replies has been filed, controverting the stand taken by the State and the Municipal Corporation, though Amicus curiaes were appointed by this Court in the orders dated 29th March, 2005 and 29th April, 2005. 6.
No. rejoinder to these replies has been filed, controverting the stand taken by the State and the Municipal Corporation, though Amicus curiaes were appointed by this Court in the orders dated 29th March, 2005 and 29th April, 2005. 6. Be that as it may, on the perusal of the record and pleadings, we are satisfied that there is no justification for stopping the process undertaken by the Municipal Corporation, Jaipur for construction of public toilets and urinals on BOT type basis which is being done in public interest and in pursuance of the orders passed by this Court in earlier writ petition. No specific objection for any particular location for such toilets/urinals was pointed out before us despite specific query in this respect from the Court by any of the Counsels. May be one or two or a few of such toilets/urinals may have been decided to be constructed by the Municipal Corporation on BOT Type basis at the places for which there may be some genuine or valid objection but that does not justify, in our considered view, stopping the entire process of such efforts being undertaken by the Municipal Corporation in larger public interest and that too when it is being done in pursuance of the directions given in earlier writ petition. 7. Article 21 of the Constitution of India, would include within its vast and serene compass the right of clean, hygienic and healthy atmosphere and there is no dispute or whisper against that from any corner and, therefore, the process of construction of public toilets and urinals cannot be faulted in its entirety in the present PIL petition in which some allegations as to the toilets being constructed to benefit some advertisement agencies etc., appear to have been made in the News Paper cuttings. Whether the advertisements, sign boards etc., should be permitted on such public toilets and urinals or not is an issue which can arise only after such toilets/urinals are constructed and old one are re-constructed or renovated. It would be putting the cart before the horse, if on such allegations and apprehensions to deny the construction of the public toilets/urinals because buildings of such public toilets/urinals may also be allowed to be used in future for putting up such sign boards etc.
It would be putting the cart before the horse, if on such allegations and apprehensions to deny the construction of the public toilets/urinals because buildings of such public toilets/urinals may also be allowed to be used in future for putting up such sign boards etc. We do not see any harm or public injury in that, if Municipal Corporation earns some revenue by allowing such sign boards, etc. Of course, the same should not cause any traffic hazards or public nuisance otherwise. The Municipal Corporation can always work out the guidelines in this regard in accordance with the applicable laws. However, we are not satisfied that the construction work of all such public utility should be stopped on this ground. 8. We may make it clear that if the specific objections are raised before the Municipal Corporation, Jaipur for any particular location or sitting of any particular public toilets/urinals or on the other hand, the representation for construction of such public toilets/urinals at particular places, both these aspects would be decided by the Competent Committee or Sub Committee constituted under orders of this Court dated 14th August, 2003 in earlier writ petition No. 4783/2003 which would decide such objection after giving opportunity of hearing to the concerned person(s) or the institution within a fortnight from the receipt of such objection and if the concerned person(s) are not satisfied with such decision of such Committee, they would be free to take appropriate legal proceedings against the same including approaching this Court by way of fresh petition, for such specific instances. 9. With the aforesaid observations and liberty given, we dispose of this petition with the direction that the Municipal Corporation, Jaipur can go ahead with the construction of public toilets/urinals as envisaged in pursuance of the directions given by this Court in the earlier writ petition and at the locations for which there are no existing specific objections and if any such objections are raised with respect to any particular location within one week from today, the same shall be decided by the aforesaid Competent Committee within a period of fortnight from the date of filing of such objections.