The civic administration had issued notice allowing public to use these toilets; court questions its power to do so
The Bombay High court on Wednesday restrained the Brihanmumbai Municipal Corporation (BMC) from allowing the general public to use toilets inside petrol pumps.
A division bench of Justice Abhay Oka and Justice Riyaz Chagla, while posting the matter for final hearing on April 3, has restrained the corporation from implementing its circular and to remove in two weeks sign boards that say those toilets can be used by the public.
The Bombay High Court on Tuesday asked the BMC to explain the provisions under which it had decided to convert ‘private toilets’ into public ones under the Swachh Bharat Mission.
A division bench was hearing a writ petition filed by owners of various petrol pumps from across Mumbai, along with the Petrol Pump Association. However, it refused to extend the relief to those petrol pump owners and companies who have not approached the court, saying, “We never know whether some people may agree with the decision and be willing to allow the public use of their toilets.”
The corporation had issued a notice on December 22, 2017, following which signboards across all fuel stations were put informing the public to utilise the toilets at petrol pumps. The petitioners, a bunch of pump owners, told the court that they had been directed by the BMC to make toilets at their stations or premises available for the use of general public free of cost under the Swachh Bharat Mission.
On the last hearing, the court had questioned the stand of the civic body, and said: “It is your obligation to build toilets (under Swachh Bharat Mission). While you do not do that, instead you make private toilets into public toilets. What is the source of power that allows BMC to claim that toilets inside private petrol pumps are public toilets?”
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