Planet Advertising Pvt Ltd v. North Delhi Municipal Corporation & ANR.

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4060/2020 & CM APPL. 14569/2020 (stay) PLANET ADVERTISING PVT LTD ..... Petitioner Through:

Mr. Kunal Kalra, Advocate.

versus NORTH DELHI MUNICIPAL CORPORATION & ANR.

..... Respondents Through:

Ms.

Mini Pushkarna, Standing Counsel for North DMC with Ms.

Latika Malhotra and Ms. Khusboo Nahar, Advocates.

Ms. Warisha Farasat and Mr. Shourya Dasgupta, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 22.07.2020

1. The hearing was conducted through video conferencing.

2. An affidavit has been filed by the Deputy Commissioner, City-SP Zone, North DMC, alongwith photographs showing that ramps have been constructed for making the toilets accessible for disabled persons. Stairs have also been built for the other three toilets for easier access to users.

3. The Deputy Commissioner states that he has satisfied himself of the usability of the said amenities and assures the court that the same shall be kept in working condition at all times i.e. they shall be kept clean at all times and there shall be regular water supply. He has expressed his deep apologies for the inconvenience caused

to the citizens because of the lapse on the part of the Department concerned.

4. Mr. Kunal Kalra, the learned counsel for the petitioner, submits that all these activities: of setting up the mobile toilets and other amenities have been undertaken only during the pendency of this writ petition, till then citizens were deprived of the essential services and left to fend for themselves.

5. Apropos the two toilets constructed for ladies (shown at pages 17 and 18 of the said affidavit, it can be seen that the same are in the middle of a busy public path/market and women folk would not be encouraged to use them, unless there is, at least, a modesty screen installed in front of the said toilets. Let elegant and aesthetically appealing appropriate perforated screens, be installed in front of the toilets in three days from receipt of this order. A compliance affidavit with photographs shall be filed by the Corporation within two weeks from today, failing which the case shall be listed for directions on 11th August 2020.

6. These proceedings have revealed that the temporary arrangements which were put in lieu of the existing toilets, left much to be desired. It should have been ensured by the authorities that the temporary facilities were functional and usable. This must cause much inconvenience to the general public. The Corporation is expected to show its humane face, especially since it is entrusted with providing basic public amenities such as toilets. Let the matter be brought to the notice of the Commissioner, North DMC, as well as the Chief Secretary, GNCTD, so that in future public

utilities are not demolished before a functional alternative is put in place, so that no inconvenience is caused to the citizens.

7. The writ petition and the application stand disposed off in terms of the above.

8. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JULY 22, 2020/AB