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2. Sanitation is undoubtedly a basic service which is a right which must be ensured to every citizen, be it an adult or a child. Sanitation is a felt need while hygiene is important to health. This is a service which needs to be imperatively maintained at the community level. While those who are poor cannot pay for the provision and maintenance of the basic service provided to them, a completely free service runs the risk of the service not being valued at all and even be misused. Community participation in planning, construction and maintenance of such like services ensures that the community values it and will use it. Contribution to creation of such facilities may be by dispensation of finance, real estate, labour or service. When people do not have the time to contribute labour or otherwise to the construction, operation and maintenance, they are required to pay a charge for the service. A small contribution, no matter how small, is often a confirmation of the value of a service to the people and their willingness to maintain it. In developing nations, the problem is more aggravated, inasmuch as it is necessary even to educate and inculcate the habit of using a toilet in people who have never seen the facility. This lack of information and knowledge however exacerbates the problems which are faced by metropolitan cities to which people from remote corners of the country migrate without any idea of sanitation facilities or basic hygiene.

It would appear that the construction which is stated to have been effected by class-I contractors ought to have been first class in nature and impeccable. There can be no reason or justification for any CTC to be deficient in construction or functioning.

31. In the report which the MCD submitted with its letter dated 24.12.2002, it expressed some problems faced during the construction period. These related to public resistance in certain areas; objections raised by land owning agencies; requirement of permission at 134 sites specially in the South and South West areas to be given by the Central Ground Water Authority for digging of tubewells and the need for finding alternative sources including direct water supply from municipal mains; the failure of the Delhi Vidyut Board Authorities to provide permanent electrical connections to certain CTCs which stood constructed and difficulty in getting permission for sewerage connections from the Delhi Jal Board Authorities. Even at the time of submission of the report, on 24.12.2002, the MCD has stated that "even though CTCs have been constructed for 52 sites permission for boring of tubewells from the Central Ground Water Authority is still to be obtained with the result even though CTCs are constructed, they are not put into operation." It was stated that work at 10 sites had to be abandoned due to non-availability of boring permission.

5. It was mentioned by the NGOs that in spite of letters to the Executive Engineer concerned suction cleaning machines are not provided at sites to clean the septic tanks and as a result of which complexes are not operational. It was decided to take up the matter with Director in Chief, CSE Department.

6. Addl. Commissioner (S&JJ) asked Chief Engineer (S) about the position of 218 complexes pertaining to Slum & JJ Department and it was mentioned by the Chief Engineer S(S) that in the complexes pertaining to Slum & JJ department the problem is of electricity and water and in most of the cases defects/deficiencies as pointed out by the NGOs have been addressed to and the 6 Nos. of Suction Cleaning Machines procured by Slum & JJ Department are being used regularly. It was decided that Chief engineer (S) will have regular review meetings with the executive Engineers of Slum & JJ Department to sort out all the issues of rectification of defects/deficiencies such as electric connection, tube well payment of license fees, electricity bill and insurance charges and will submit a report to the Addl. Commissioner(S&JJ).

84. Appearing for the petitioner, Mrs. Avnish Ahlawat, learned Counsel in W.P.(C) 7622/2005 Akhil Bhartiya Jan Rachnatmak Karya Sansthan v. MCD submitted that though nine CTCs were allotted to this petitioner, only six were actually handed over. The petitioner has been repeatedly protesting to the MCD with regard to the CTCs allotted to it and their misrable state. In this behalf, several letters have been placed on record several letters pointing out that there is no water supply in urinals, no over flow pipe, no generator connections, several electric current problems, water collection on the roof, choked sewers, broken toilet seats, etc. in all the toilet complexes allotted to it. In this behalf, letters have been placed on record from pages 151 to 167 which are amongst others dated 29th October, 2002, 28th November, 2002, 10th May, 2003, 5th January, 2004 and the letter dated 20th January, 2004. This organisation wrote that inspite of the repeated requests to correct the problems to the MCD in writing and orally, the same were not being rectified and that possession of five toilet complexes be taken back because this petitioner was bearing heavy financial loss on looking after these toilet complexes. It was even stated that these complexes could not be used on account of the problems which were notified to the MCD since the time they were allotted. This petitioner repeatedly further protested even thereafter by a communication dated 25th February, 2004. In this letter, the petitioner even wrote that it had taken possession of the toilet only on the assurance and pressure of the MCD that the problems would be sorted out. In the letter dated 28th November, 2002, the petitioner pointed out the deficiencies sitewise. The petitioner submits that the MCD addressed a show cause notice to it on 25th February, 2004. The petitioner responded by a letter dated 12th March, 2004 calling upon the MCD to take back possession of the CTCs. The petitioner has also pointed out that despite its license from the MCD, the CTCs allotted to it have been taken over by Metro. Again on 24th March, 2005, the petitioner wrote a letter informing the MCD that DDA has demolished the CTCs.