Gujarat High Court
Zahid Spipai C/O Vox Populi vs Vadodara Mahanagar Sewa Sadan ... on 27 March, 2014
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya
C/WPPIL/5/2012 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
WRIT PETITION (PIL) NO. 5 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE THE CHIEF JUSTICE MR. BHASKAR
BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
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1 Whether Reporters of Local Papers may be allowed to Yes
see the judgment ?
2 To be referred to the Reporter or not ? No
3 Whether their Lordships wish to see the fair copy of No
the judgment ?
4 Whether this case involves a substantial question of No
law as to the interpretation of the Constitution of
India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ? No
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ZAHID SPIPAI C/O VOX POPULI....Applicant(s)
Versus
VADODARA MAHANAGAR SEWA SADAN (VMSS)....Opponent(s)
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Appearance:
MR KABIR A HATHI, ADVOCATE for the Applicant(s) No. 1
MR NILESH A PANDYA, ADVOCATE for the Opponent(s) No. 1
NOTICE SERVED for the Opponent(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR.
Page 1 of 33
C/WPPIL/5/2012 CAV JUDGMENT
BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 27/03/2014
CAV JUDGMENT
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. By this writ application in the nature of Public Interest Litigation, the petitioner, a resident of Vadodara has brought to our Notice the miserable condition of roads and incessant problem of garbage disposal, more particularly in Sampatrao Colony situated on R.C. Dutt Road which is supposed to be a major commercial hub of the City comprising of various commercial establishments, hotels, hospitals and residential buildings.
2. According to the petitioner, the respondent Vadodara Mahanagar Seva Sadan (VMSS) has failed in discharge of their statutory duties as enshrined under the various provisions of the Gujarat Provincial Municipal Corporations Act, 1949 and in such circumstances has prayed for the following reliefs :
"A) Directing the Respondent VMSS to immediately resurface/relay all roads in Sampatrao Colony along with pavements wherever possible.
B) Directing the Respondent to immediately take steps to prevent accumulation of garbage/littering in the Page 2 of 33 C/WPPIL/5/2012 CAV JUDGMENT colony by removing the garbage dumps on daily basis and take action against the Residential Buildings/ Commercial buildings/People who litter and dump on road.
C) Direct the Respondent to implement the door to door garbage collection system properly and take stringent action against the contractor undertaking door to door collection of garbage for any irregularity and negligence.
D) By way of an interim relief, direct the Respondent authorities to clear the garbage at various dumping spots in Sampatrao Colony twice a day till the problem is solved, clear the basements of accumulating garbage.
E) Direct the Respondent Corporation to initiate action against all buildings violating the mandatory parking space requirement as per GDCR in Sampatrao Colony."
3. The case made out by the petitioner in this petition may be summarized as under :-
3.1 The petition is being filed in the interest of the people at large living, visiting, working and passing through Sampatrao Colony on R.C.Dutt Road (which is one of the known commercial areas of Vadodara along with R.C.Dutt road) who are suffering as a result of the pathetic condition of the roads Page 3 of 33 C/WPPIL/5/2012 CAV JUDGMENT which have not been made/resurfaced for almost last two to three decades and such gross inaction/negligence on the part of the respondent is just unprecedented causing the people serious hardship. In spite of innumerable complaints over the years and unbearable situation in the city of Vadodara, the respondent has taken no action so far thereby necessitating the filing of this Public Interest Litigation.
3.2 This petition raises three issues of public interest.
(A) Violation of mandatory parking space requirement under the GDCR in Sampatrao Colony and R C Dutt Road by majority of commercial/high rise buildings leading to unprecedented problems.
(B) Serious garbage and hygiene issue in Sampatrao Colony and Vadodara as a whole.
(C) Miserable condition of roads in Sampatrao colony. 3.3 The Sampatrao Colony area suffers from several problems and has been a victim of the most irresponsible and negligent conduct of the respondent Corporation. The Page 4 of 33 C/WPPIL/5/2012 CAV JUDGMENT petitioners are approaching this Court with a very heavy heart because these basic problems are to be addressed and solved by the Municipal Corporation. But unfortunately due to decades of inaction and after having lost all hopes from all fronts, the Petitioners are left without a choice but to knock the doors of this Court for redressal of the above mentioned grievances.
3.4 The object of the petition first, is to bring to the notice of the Court the unbelievable and dilapidated conditions of the roads though this being in the most developed and busy part of the city. As stated above, it's a huge colony encompassing shopping centers, hotels, call centers, residential apartments and bungalows etc. and thousands of people work, reside, commute and pass through the colony. However, in spite of an excruciating need to resurface and construct new roads, nothing really has been done for decades in spite of tremendous hardship to the people notwithstanding that huge amount of municipal tax is derived out of this area. Years of complaints to the Respondent Corporation, elected representatives have fallen on deaf years for reasons best known to them and people have now given up and are not ready to tolerate such treatment anymore. On 09 th September Page 5 of 33 C/WPPIL/5/2012 CAV JUDGMENT 2011, tired of the unbearable situation, around 320 people belonging to various walks of life having existence in form of business or residence in Sampatrao Colony, signed a petition requesting urgent intervention of the Municipal Commissioner. On inquiring, the office of Municipal Commissioner informed that the complaint was forwarded with remarks to the zonal engineer of Ward No.10, however, nothing has been done till date.
3.5 The dilapidated conditions of roads have led to serious accidents involving two wheelers, an unprecedented growth in road dust, accumulation of water from over flowing drainage and rains leading to breeding of mosquitoes and promise a back breaking drive for any vehicle. The quality of life has deteriorated to unprecedented levels.
3.6 The second major problem that requires an urgent solution is accumulation and dumping of garbage at various points in the colony. The garbage is dumped by various commercial buildings, residential apartments at several spots in the colony and surrounding areas leading to a very filthy, stinky and unhygienic situation. The local ward authority and the sanitation department have shown no zeal or interest to Page 6 of 33 C/WPPIL/5/2012 CAV JUDGMENT solve the problem. The garbage lies unattended and is cleared only once in 3-4 weeks. Such a problem has been haunting the locality and the surrounding areas since quite a few years and yet the respondent is not bothered to ensure a clean environment and take appropriate action. The main reason for regular garbage dumps is the failure of door to door collection system whereby the garbage collecting van appears once in a blue moon while at the same time the local ward authorities i.e. ward no.10 is not bothered to take action against habitual litterbugs i.e. some commercial buildings and residential apartments who dump their garbage on the road. Therefore, if the door to door collection system is made efficient, smaller dustbins are installed and strict action is taken against people who litter and dump garbage then such a problem could be solved.
3.7 The worst and the most dreadful problem confronted by the city is the mindless growth of commercial structures haphazardly in complete violation of the General Development Control Regulations (GDCR) leading to flooding of vehicles on the streets causing severe inconvenience to free movement of the traffic, pedestrians and people living/visiting the area. 30% parking space is mandatory under the GDCR but most of Page 7 of 33 C/WPPIL/5/2012 CAV JUDGMENT the commercial centers, hospitals and hotels have come up in complete violation of the parking space requirement which would not be possible in normal circumstances without the connivance of the Corporation.
4. Stance of the Respondent VMSS :
4.1 On behalf of the respondent Corporation, an affidavit-in-
reply has been filed duly affirmed by the In-charge Deputy Municipal Commissioner, inter alia, stating as under:
"1. I say that I have perused the memo of petition along with its annexures and I am conversant with the facts of the case and, therefore, I am filing my affidavit in reply. I say that I am authorized to file present affidavit- in-reply on behalf of respondent -Corporation. I say that I am filing this reply for limited purpose of opposing admission and/or grant of interim relief in favour of petitioner. I crave leave to file detailed reply if necessity so arises.
2. I say that present petition under the nomenclature of Public Interest Litigation is not maintainable in law. I say that grievances voiced in the present petition are not genuine and the present petition under Articles 226 and 227 of the Constitution of India filed as a Public Interest Litigation is, in fact, involved personal interest of the Page 8 of 33 C/WPPIL/5/2012 CAV JUDGMENT petitioner, as the petitioner has chosen the particular area of the Sampatrao Colony.
3. With respect to drainage connection in the Sampatrao Colony, I say that it is more than 32 to 40 years' old and therefore, originally said drainage line was used for the residential purpose only. But, now a days, there is a commercial building etc. is constructed and there is less capacity of the drainage line and therefore, the problem has arisen and therefore, the Corporation has decided to put a new drainage line and accordingly, on the different stages, the work for putting the drainage line is undertaken by the Corporation and as on date, so far as Sampatrao Colony is concerned, the drainage line is already completed in and around February, 2012.
4. I say that with regard to town planning road is concerned, the RCB Work is completed in the year 2010-
11. However, with regard to Sampatrao Colony town planning road is concerned, the work is recently completed in May, 2013 by the Corporation.
5. I say that at the relevant time, the drainage work was under progress and therefore, the Corporation is unable to complete the road work. However, as soon as the drainage work is over, the Corporation has also completed the town planning road of the Sampatrao Colony in May,2013, as aforesaid and therefore, stage wise, both the works i.e. completion of drainage work as well as completion of town planning road is completed by the Corporation. I say that in these circumstances, the Page 9 of 33 C/WPPIL/5/2012 CAV JUDGMENT grievances voiced in the present petition do not survive. I say that with regard to other grievances of the Laxmi Hall to Jetalpur road and Dr. K.C.Patel Hospital is concerned, the said road is also completed and from Ivory Towner to Jetalpur road also, the road is already completed. I say that with regard to some portion of the land for which the town planning road will be completed within very short time and for that purpose, the Corporation has already initiated the work to complete the same. I say that in these circumstances, the grievances voiced by the petitioner in the present petition do not survive, as the Corporation has already executed the work and, therefore, the present petition may be disposed of accordingly.
6. I say that at present I am not dealing with the para- wise contentions raised by the petitioner but, the averments and allegations made in the said petition is categorically denied by me. I say that however, I reserve my right to file detailed reply in future, if necessity so arise. I say that in these circumstances, present petition is devoid of merits and same may be disposed of accordingly."
5. To the aforesaid affidavit-in-reply, the petitioner has filed a rejoinder, inter alia, stating as under :-
"This rejoinder is being filed for a limited purpose to highlight the appalling situation with regard to garbage Page 10 of 33 C/WPPIL/5/2012 CAV JUDGMENT disposal problems and creation of garbage dumping spots across the city of Vadodara. Pursuant to filing of this Public Interest Litigation, little or in fact, no effort is made by the Respondent-Corporation to address this serious issue and complete indifference towards the issue and even towards the orders of this Hon'ble Court suggests the lack of will, vision and effort on part of the Respondent-Corporation.
The entire affidavit-in-reply filed after a great delay and only pursuant to orders of this Hon'ble Court does not whisper a word about the problem of littering and garbage spots which have mushroomed across the city. The management and handling of municipal solid waste across Vadodara is the single most important issue which the Respondent Corporation has conveniently ignored over the years and therefore, the city is in a state of crisis.
It is indeed sad that the Respondent-Authority which is primarily responsible for the upkeep and future of the city is adopting such an escapist approach lacking in any vision and will to address the issue of littering and garbage in Vadodara. The entire matter is being viewed on a very narrow compass without making a serious effort to address and tackle the issue. Merely cleaning the garbage spots and one particular area does not solve the issue in any manner. The Respondent-corporation has to approach the entire issue more systematically with some vision and will. The littering behavior has to be studied and then a solution has to be derived. The Page 11 of 33 C/WPPIL/5/2012 CAV JUDGMENT Respondent-Corporation functions in the most primitive fashion when it comes to tackling issues of hygiene, garbage disposal and garbage dumping across the city and it is high time it adopts an effective approach to pull the city out of a serious crisis of littering and garbage dumping spots. The Respondent-Corporation has to realize that solid waste disposal from households and commercial spaces alike is the most important issue for any city to make it healthier, liveable and aesthetically acceptable. The present scenario tells a story of neglect, lack of vision and political will making the city stare at is worst crisis in the backdrop of a glorious past.
This is not an adversary litigation and a solution has to be brought about through involvement and cooperation. Therefore, the present public interest litigant has been extremely patient but has borne no fruits and the situation is only deteriorating.
In the following paragraphs, an effort is made to describe the problem in detail and possible solutions which the Respondent-Corporation can adopt to reverse this situation.
The Respondent-Corporation has to realize that merely by clearing the garbage dumping spots would in no way solve the issue and the same spots will be filled up within hours after cleaning. The problem is much more complex and grave which the Respondent- Corporation has not understood. Over 3,000 people a day die at least partly due to poor or inadequate garbage Page 12 of 33 C/WPPIL/5/2012 CAV JUDGMENT and sanitation practices and over 1 Million die each year due to garbage and sanitation related illness. Vadodara is no different and has a share in these figures. To remedy the situation action on ground is required which is not forthcoming.
The city suffers from serious problem of handling and management of municipal solid waste, garbage disposal and ever increasing garbage dumping spots adorning the streets of Vadodara due to following reasons:
A. The door-to-door garbage collection system is most erratic, inefficient and non-existent in many parts of the cities and though the system is haphazardly managed due to reasons best known to the Municipal Corporation. It seems in spite of the knowledge and complaints about the door to door pick up service not reaching many households, no action seems to have been taken to make door to door more efficient and systematic. Garbage spots have surfaced across the city where the garbage is dumped leading to serious hygiene issue but the Respondent Corporation doesn't seem to bother much. To implement this system efficiently can be the first step towards solving the issue.
B. The entire city especially commercial and crowded localities across the city lacks dust bins and other basic infrastructure necessary for management and handling of municipal solid waste. There is no sign Page 13 of 33 C/WPPIL/5/2012 CAV JUDGMENT of garbage bins anywhere in the city which forces majority of people to dump and litter on the road. A network of bins with disposal bags across the city can help remedy the situation. This can be the second step towards a cleaner Vadodara. A system can be developed where the bags can be cleared and replaced on alternate day basis.
C. It would also be unfair to entirely blame the Respondent-Corporation. Some of it has to be shared by the uncaring and irresponsible inhabitants of the city who live in complete laissez faire and liter the city roads at their whim and wish. The Municipal Corporation has turned a blind eye and has no mechanism to fine/penalize the offenders. Fining and penalizing those who litter and dump garbage on roads is one of the most important and indispensable requirement to tackle this issue. People have to understand that throwing garbage of streets is a punishable offence. Fixing responsibility and making the polluter pay holds the key to a cleaner Vadodara.
D. To secure the future of the city and have a lasting effect, sustained mass awareness and public outreach programmes through multimedia and other means should be adopted at the earliest and this is the most vital weapon that the Respondent- Corporation can add to its armory to win this battle against garbage dumps and littering shrouding the city. The people have to be sensitized and a sense Page 14 of 33 C/WPPIL/5/2012 CAV JUDGMENT of responsibility towards their city has to be instilled. However, the charity begins at home and the people at the helm of affairs in the Respondent- Corporation have to be sensitized at the outset and made more responsible towards the city and its people.
E. To address the prevailing crisis of waste management in the city and develop long term solutions, the Respondent-Corporation should take steps to make segregation of garbage at source mandatory in order for ensuring better handling and management of municipal solid waste.
F. The Principal Bench of the High Court of Karnataka (comprising Chief Justice Mr.Vikramjit Sen and Justice Mrs. B.V.Nagarathna) issued a series of unprecedented directions on 22nd November 2012 to give effect to progressive handling and management of municipal solid waste generated in Bangalore. These directions were issued by the Hon'ble Court while hearing Public Interest Litigations (PIL) filed by Environment Support Group and ors. (WP No. 46523/2012) and other connected PILs (in particular, that filed by Kavit Shankar, WP No. 24739/2012 and G. R. Mohan, WP No.20450/2012). ESG's PIL challenges the order of the Karnataka State Pollution Control Board dated 25th October, 2012, that temporarily extended authorization to operate the landfill at Mavallipura, revoking an earlier well-reasoned closure order of Page 15 of 33 C/WPPIL/5/2012 CAV JUDGMENT 11th July 2012. In addition, ESG's PIL also sought directions to enforce progressive ways to manage Bangalore's garbage, based on a model of decentralized administration and segregation of waste at source.
G. The petitioners would like to suggest the following to tackle the problem of municipal solid waste disposal and menace of garbage spots and littering in Vadodara:
1. Efficient implementation of door-to door garbage collection system.
2. Introduce a network of garbage bins with bin bags across the city especially in the crowded localities. A study of littering behavior shows that people in absence of dustbins are most likely to throw and dump the waste on the roads.
3. Implement an aggressive public outreach campaign using mass media and communication for sensitizing people and instilling in them a sense of responsibility towards their city. An effort has to be made to change the public behavior.
4. The Respondent-Corporation should impose penalty for littering, spitting, urinating, open defecation and committing other acts of nuisance on road, bus station, railway station, street, playground, park, and other premises of public utility. Fining and penalizing those who litter and Page 16 of 33 C/WPPIL/5/2012 CAV JUDGMENT dump garbage on roads.
5. The Respondent-Corporation should make segregation of garbage at source mandatory.
Penalty should be imposed on households for their failure to segregate dry waste from wet waste before handing it over to the collector. Solid waste has to be disposed of systematically in a scientific manner and as per the guidelines prescribed in Solid Wastes (Handling and Management) Rules, 2000 by the Central Government."
6. An additional affidavit-in-reply has been filed on behalf of the Vadodara Municipal Corporation duly affirmed by its Deputy Municipal Commissioner, inter alia, stating as under :-
"2. I say that with regard to day-to-day operation for cleaning the entire city, the Corporation has awarded the contract to collect the garbage and accordingly, every day, the said activity is being done with the use of various vehicles on door to door basis.
3. I say that the corporation is also taking the steps for removing the garbage of streets and roads and for that purpose, the responsibility of the respective wards is also fixed by the corporation and accordingly, they are keeping watch on day-to-day cleaning of the city. I say that in case of a person, who does not follow the rules of cleanness, then such a person is charged by imposing Page 17 of 33 C/WPPIL/5/2012 CAV JUDGMENT the penalty and for that purpose, a separate staff is also working and recovering the amount from the defaulters. I say that in these circumstances, the grievance of the present petition is not at all surviving. I say that petitioner's grievance at the relevant time was that some garbage is appearing and that the petitioner has taken the photographs. But, now it is already removed and entire area is cleaned with regard to which the grievance was made and therefore, at present, there is no grievance remains. I say that collection of garbage on door to door basis is being done. I say that in these circumstances, the present petition may be disposed of as petitioner's grievance is fully redressed."
7. Having heard the learned counsel appearing for the parties and having gone through the materials on record, the only question that falls for our consideration in this PIL is whether the authorities of the Vadodara Municipal Corporation have failed in discharge of their statutory duties so far as maintenance of public health and public hygiene is concerned, and whether the petitioner is entitled to the reliefs prayed for in this petition.
8. The pleadings, documents and other materials brought on record disclose a very sorry and sordid state of affairs prevailing in the matter of maintenance of hygienic conditions Page 18 of 33 C/WPPIL/5/2012 CAV JUDGMENT in the city of Vadodara. It appears that although the authorities have been entrusted with certain important duties and are adequately equipped with the power and the means for efficient discharge of such duties, they have failed, mainly due to lethargy and lack of zeal on the part of the work force. 8.1 It is well settled that right to life enshrined in Article 21 of the Constitution takes within its sweep right to a life which is worth living. It includes the following rights as well:
i) right to food, clothing, and shelter,
ii) right to reasonable accommodation to live in,
iii) right to decent environment, and
iv) right to live in a clean city.
8.2 In Municipal Council, Ratlam v. Vardhichand, AIR 1980 SC 1622, the Supreme Court considered the question whether the order of trial Court, which was upheld by the High Court of Madhya Pradesh, directing the Ratlam Municipality to draft a plan within six months for the removal of nuisance caused by the open drains, human excreta littering the roads etc., could be sustained. The Supreme Court held that by affirmative action the Court could compel a statutory body to Page 19 of 33 C/WPPIL/5/2012 CAV JUDGMENT carry out its duties to the community including creation of sanitary conditions in the city. Expressing anxiety over the condition of Ratlam town, the Supreme Court observed as follows:-
"....Ward No.12, New Road, Ratlam town is an area where prosperity and poverty live as strange bedfellows. The rich have bungalows and toilets; the poor live on pavements and litter the street, with human excreta because they use roadsides as latrines in the absence of public facilities. And the city fathers being too busy with other issues to bother about the human condition, cesspools and stinks dirtied the place beyond endurance which made the well-to-do citizens protest, but the crying demand for basic sanitation and public drains fell on deaf ears. Another contributory cause to the insufferable situation was the discharge from the Alcohol plant of malodorous fluids into the public street. In this lawless locale, mosquitoes found a stagnant stream of stench so hospitable to breeding and flourishing, with no municipal agent disturbing their stinging music at human expense.....
In this view, the Magistrate's approach appears to be impeccable although in places he seems to have been influenced by the fact that 'cultured and educated people' live in this area and "New Road, Ratlam is a very important road and so-many prosperous and educated persons are living on this road". In India 'one man one Page 20 of 33 C/WPPIL/5/2012 CAV JUDGMENT value' is the democracy of remedies and rich or poor the law will call to order where peoples' rights are violated. What should also have been emphasized was the neglect of the Malaria Department of the State of Madhya Pradesh to eliminate mosquitoes, especially with open drains, heaps of dirt, public excretion by humans for want of lavatories and slums nearby, had created an intolerable situation for habitation. An order to abate the nuisance by taking affirmative action on a time bound basis is justified in the circumstances. The nature of the judicial process is not purely adjudicatory nor is it functionally that of an umpire only. Affirmative action to make the remedy effective is on the essence of the right which otherwise becomes sterile. Therefore, the Court, armed with the provisions of the two Codes and justified by the obligation under S. 123 of the Act, must adventure into positive directions as it has done in the present case. Section 133 Cr.P.C. authorizes the prescription of a time limit for carrying out the order. The same provision spells out the power to give specific directives. We see no reason to disagree with the order of the Magistrate."
8.3 Relying on the decision in Municipal Council, Ratlam's case (Supra), the Supreme Court in Dr. B.L.Wadehra v. Union of India (AIR 1996 SC 2969), directed the Municipal Corporation Delhi and the New Delhi Municipal Council to perform its statutory duties of scavenging and cleaning the city. The Supreme Court did not accept the grounds of Page 21 of 33 C/WPPIL/5/2012 CAV JUDGMENT inadequacy of funds or insufficiency of machinery for non- performance of their statutory obligations.
9. We may look into certain legal provisions which relate to the public health and hygiene and the duties caste upon the civic officials to safeguard and take adequate care of them. So far as the Gujarat Provincial Municipal Corporation Act is concerned, Section 2(16) defines "dangerous disease". Over and above that, it also includes the disease that may be declared as such by the Corporation by issuing public notice from time to time. Section 2(6) defines "sewage". It means night-soil and other contents of water closets, latrines, privies, urinals, cesspools or drains and polluted water from sinks, bath rooms stables, cattle sheds and other like places and it also includes trade effluent and discharges from manufacturers of all kinds. Chapter XII contains provisions regarding drains and drainage. This chapter contains Section 153 to 188, which deal with Municipal Drains, Drains of Private Streets and Drainage of Premises, Disposal of Sewage, Water-closets, Privies, Urinals, etc., Inspection and General Provisions. Chapter XVIII contains Sanitary provisions. Section 290 to Section 326 are incorporated in this chapter. It is again divided into several parts, but relevant for the purpose of this Page 22 of 33 C/WPPIL/5/2012 CAV JUDGMENT judgment is 'Scavenging and Cleansing" and the relevant Sections are 290 to 295, which deal with Inspection and Sanitary Regulation of the Premises, Regulation of Factories, Trades, etc., Prevention and Checking Spread of Dangerous Diseases and Special Sanitary Measures.
10. Although the Corporation has tried to convince us that all possible steps are being taken to ensure the maintenance of public health and public hygiene we are not convinced with the explanation tendered by the Corporation. It is a very lame excuse on the part of the Corporation to say that as the drainage connection in the Sampatrao Colony is almost 40 years old, the same is not functioning in a proper manner. At the same time, it is hardly an excuse for the Corporation to say that such drainage line was used only for residential purpose, but over a period of time due to mushrooming of commercial buildings the intake capacity of the drainage line has been affected drastically. The Corporation has also highlighted that new drainage line has been installed and completed in and around February,2012, but it hardly seems to have solved the problem.
11. It has also been brought to our notice that day to day Page 23 of 33 C/WPPIL/5/2012 CAV JUDGMENT operation for cleaning the entire city has been assigned to a company by way of a contract but it appears from the photographs which have been annexed that there hardly seems to be any collection of the garbage. The garbage in the entire city should be removed every day. It appears that after the filing of this petition, some cleaning work was undertaken and photographs have been placed before us to show that the garbage has been removed. That hardly is going to solve the problem.
12. Mr.Kabir Hathi, the learned advocate appearing for the petitioner has suggested the following measures which the authorities should ensure for proper maintenance of hygienic conditions in the City.
* First, the door to door collection of Garbage needs to be regularized and made efficient. The door to door collection staff should report the details about the number of buildings/ households covered and identify those from where no garbage is received. Tracing the offending household/ building whose garbage is dumped at a spot on the road becomes easier.
* Secondly, after cleaning up the garbage spots, a sign- Page 24 of 33 C/WPPIL/5/2012 CAV JUDGMENT board containing details about the fine for littering and a message to keep the city clean should be installed at the spot. A message has to pass to those who dump. Awareness is the only long term solution.
* Thirdly, the polluter has to pay. Through the data collected from the door to door collection staff and from regular monitoring done by the sanitary inspector of a locality, fine should be imposed on those household and buildings that dump their garbage on road. Besides households, the commercial/shopping complexes are also major contributor to the heaps of garbage across the streets. The Corporation should not turn a blind eye to it. * Fourthly, a network of garbage bins should be installed across the city which can be cleaned daily. Lack of infrastructure is also a major reason for the problem. * Fifthly, take steps to immediately ban spitting on road. It is an acute problem and surprisingly till date it is simply not being addressed. A lot of people feel disgusted and ashamed but little is being done to prevent people who are addicted to the pan Masala/Tobacco treating the city as a spittoon. To begin with, squads of sanitary inspectors should be placed at important traffic junctions, important places like airports, railways station, bus Page 25 of 33 C/WPPIL/5/2012 CAV JUDGMENT depots and spot fines should be imposed as soon as a person is found spitting. It can only have a positive impact and set an example for other cities to follow. * Sixthly, undertake activities to sensitize people. Public outreach programs through media and other mediums can have remarkable effect. It would be unfair to not act due to the fear of failure or due to any other reasons. 'A Garbage Free India' an NGO working in Calcutta has obtained wonderful result by using mass media to sensitize people.
* Seventhly, the Vadodara Municipal Corporation should take steps to make segregation of garbage at source mandatory. The Municipal Corporations across the State should be directed to carry out a study and submit a report on how segregation of garbage at source can be implemented in their city like in Bangalore. * Eightly, the Vadodara Municipal Corporation should be directed to place signboards across the city giving details about "How to handle your Garbage" with details about the fines and phone numbers for queries and registering Page 26 of 33 C/WPPIL/5/2012 CAV JUDGMENT complaint (if the door to door collection van is not coming or their area is not being cleaned). It is found that most of the people in spite of being educated are clueless when it comes to efficient waste management/disposal.
13. Having regard to the state of affairs we deem fit to issue the following directions to the Corporation:
i) We direct that they shall construct proper drainage net-
work and to regularly carry out its cleansing and de-silting operation, especially immediately prior to commencement of the monsoon season to avoid its chocking and the resultant accumulation of water.
ii) To provide public latrines, urinals and similar conveniences with modern facility and to maintain them clean and in proper conditions.
iii) To evolve a proper cell for regular scavenging the streets, removal and disposal of garbage and solid waste and other obnoxious and polluted matters.
Page 27 of 33 C/WPPIL/5/2012 CAV JUDGMENT
iv) To erect adequate number of garbage collection centers and to have adequate number of pick up vans with adequate number of garbage collectors.
v) To see that the solid waste and garbage are not thrown or littered outside the collection centers.
vi) Area-wise collection centers to be created.
vii) The Vadodara Municipal Corporation shall introduce phase-wise distribution of garbage bags per family for disposal of the domestic garbage. Such bags to be emptied either at the collection centers or directly in the pick up vans and to be returned for re-use.
viii) To construct pavement on both the sides of the roads which can prevent water logging, dust and to avoid throwing of solid waste by the public.
ix) They should ensure that the provisions relating to the sanitation and public health are properly complied with by the officials and the various duties are discharged efficiently. Page 28 of 33 C/WPPIL/5/2012 CAV JUDGMENT
x) The civic authorities to designate Competent Officers not lower than of the rank of Sanitary Superintendent or equivalent post to levy and recover charges and from any person littering or violating the provisions of the Acts, bye-laws and regulations relating to sanitation and public health. For this purpose the authorities concerned should prepare and publish for the information of the public at large the scale of such charges, costs as may be levied and recovered in respect of the diverged acts of commission/omission. Such Officers may be conferred with the authority to collect the fine on the spot.
xi) Local authorities to take pre-monsoon, mid-monsoon and post-monsoon measures regularly every year to ensure that health and sanitation are adequately maintained in the city during monsoon and post-monsoon months.
xii) The Vadodara Municipal Corporation shall educate the residents regarding:
(a) their civic duties,
(b) importance of a clean city,
(c) hygiene,
(d) cleanliness,
(e) traffic rules etc.
through television, road-shows and other means. Page 29 of 33 C/WPPIL/5/2012 CAV JUDGMENT The residents shall also be informed about the action which can be taken against them for throwing garbage, including plastics and other waste materials on the roads/streets. They should be informed that they will have to face the penalty, in case they defy the law. They should be made aware that the violation of law and orders of the Court can result in infliction of punishment, both corporeal as well as incorporeal on them.
(xiii) The Vadodara Municipal Corporation shall work out a plan for waste-management. For this purpose, training shall be imparted to some of its employees. The lifting and disposal of garbage should be undertaken through mechanical devices. The garbage shall be disposed of at the designated place.
(xiv)-(A) Pre-monsoon measures to be undertaken from February:
a) Steps to be taken for cleaning underground drainage line and storm water drains to be de-silted, repairs of leaking pipelines to be undertaken. All garbage to be removed with a view to avoid accumulation of wet solid waste during monsoon.Page 30 of 33 C/WPPIL/5/2012 CAV JUDGMENT
b) Sprinkling/spraying effective insecticides to prevent mosquito breeding.
c) To give adequate publicity to the measures/precautions to be taken by the public to prevent mosquito breeding and to avoid accumulation of water on private properties.
B) Mid-monsoon measures:
a) Monsoon normally starts in the 3rd week of June. All adequate steps to tackle the situation due to the heavy rains to be taken. Water from water logged areas to be removed as soon as possible, especially the water logging in low lying areas.
b) Sprinkling/spraying effective insecticides to prevent mosquito breeding.
c) To give adequate publicity to the measures/precautions to be taken by the public to prevent mosquito breeding in the accumulation of water on private properties.
C) Post-monsoon measures:
a) To remove all the muds and slush and garbage. The Page 31 of 33 C/WPPIL/5/2012 CAV JUDGMENT catch-pits to be cleaned regularly to control mosquito breeding in the water logged areas.
b) To establish effective public grievance redressal mechanism at the ward level, zonal level and city level.
c) To take steps to prosecute persons responsible for causing nuisance endangering public health and also to resort to other remedies as provided under the Acts for the abatement of the nuisance.
14. We also remind the Corporation that it cannot avoid discharge of statutory duties on the pretext that there are no adequate means available with them or that the problem is of enormous magnitude or that there are financial constraints etc. If the contractor who has been awarded the contract of cleaning the city is not discharging its duties efficiently according to the terms of the contract, then it is expected of the Corporation to take immediate action against such Contractor. The Supreme Court in case of Dr.B.L.Wadhera v. Union of India reported in (1996) 2 SCC 594 and in the case of Almitra H. Patel v. Union of India reported in (2000) 2 SCC 679 has clearly said that non-availability of funds, Page 32 of 33 C/WPPIL/5/2012 CAV JUDGMENT inadequacy or inefficiency of staff, insufficiency of machinery etc. cannot be pleaded as ground for non-performance of the statutory duties by the civic authorities.
15. We make it very clear that any violation of the directions issued by us will amount to committing contempt of the Court and the concerned person will make himself/herself liable to be proceeded against under the provisions of the Contempt of Courts Act.
16. With the above observations and directions, we close this Public Interest Litigation. However, in the facts and circumstances of the case, there shall be no order as to costs.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) *malek Page 33 of 33