Open Garbage Bin, Presence Of Public Urinal In Residential Area Violates Right To Life: Delhi High Court

Justice Amit Bansal made the observation while allowing a petition filed by a lawyer who complained about the construction of an unauthorised open garbage bin and urinal along the eastern wall of his house. The petitioner contended that nearly 150 residents of the locality were using the open bin for waste disposal and that repeated representations to the Municipal Corporation of Delhi (MCD) had failed to yield any remedial action.

The Court noted that the issue raised went beyond mere inconvenience and directly implicated the fundamental right to life under Article 21 of the Constitution. “One of the integral aspects of a healthy life is a hygienic environment. Absence of a healthy environment would frustrate the right of the petitioner to live with dignity,” the Court observed in its order dated February 16.

Justice Bansal categorically held that the proximity of an open garbage bin and public urinal to the petitioner’s residence amounted to a nuisance and infringed his constitutional rights. “The presence of a public urinal and an open garbage bin right next to the petitioner’s house clearly violates his right to life guaranteed under Article 21 of the Constitution, which includes the right to live with dignity in a clean and healthy environment,” the order stated.

The Court said it empathised not only with the petitioner but also with other residents of the area. Photographs placed on record, it observed, clearly depicted the unhygienic conditions prevailing at the site. The Bench remarked that such facilities, when improperly located and maintained, inevitably lead to foul odour and unsanitary surroundings, forcing residents to endure deplorable living conditions.

Describing the situation as “undoubtedly a nuisance,” the Court directed the MCD to forthwith demolish the open garbage bin and the urinal constructed next to the petitioner’s house. It further ordered the civic body to make alternative arrangements for waste disposal in the locality.

Specifically, the Court directed the MCD to install a proper covered dustbin for segregation of dry and wet waste and ensure that it is placed at a reasonable distance from the petitioner’s property. The directions were aimed at balancing the need for public sanitation facilities with the fundamental rights of residents to a clean environment.

The ruling reiterates the expanding judicial interpretation of Article 21, under which the right to life has consistently been held to include the right to live with dignity, health and environmental hygiene. By linking everyday civic infrastructure issues to constitutional protections, the Court underscored the obligation of municipal authorities to maintain sanitary conditions that do not infringe upon individual rights.

The decision serves as a reminder that urban planning and waste management practices must be implemented in a manner that respects both public convenience and the constitutional guarantee of a dignified and healthy life for residents.

Case Title: Rachit Gupta vs. Govt. of NCT & Ors.

Bench: Justice Amit Bansal