IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.50456/2018 (GM-RES-PIL) BETWEEN:
ANTI-CORRUPTION COUNCIL OF INDIA HAVING OFFICE AT NO.27/3 BPH 4TH FLOOR, SUMMIT APARTMENT SANKEY ROAD BENGALURU-560 001 REP. BY ITS CHAIRMAN MR.HUSSAIN MUEEN FAROOQ ...PETITIONER (BY MS. RUBIYA KHANUM FOR MS.B.SUDHA, ADVOCATES) AND:
1. THE SPECIAL COMMISSIONER SOLID WASTE MANAGEMENT (SWM) BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), HEAD OFFICE HUDSON CIRCLE, N.R.SQUARE BENGALURU-560 002 2. THE SECRETARY MINISTRY OF HOUSING & URBAN AFFAIRS AIRMAN BHAWAN MAULANA AZAD ROAD NEW DELHI-110 011 3. THE PRINCIPAL SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT OF KARNATAKA ROOM NO.105, 1ST FLOOR VIKASA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560 001 …RESPONDENTS (BY SRI V.SREENIDHI, ADVOCATE FOR R1; SRI S.H.PRASHANTH, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSTITUTE A MANAGEMENT COMMITTEE FOR CONSTRUCTION OF PUBLIC TOILETS AND FOR MAINTENANCE OF THE SAME AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
O R D E R In this writ petition, petitioner is seeking for a direction to the respondents to constitute a Management Committee for construction of public toilets and for maintenance of the same.
2. Learned Counsel for the petitioner submits that for proper maintenance of public toilets, a suitable Committee has to be constituted by the BBMP. However, she does not state under which provision of law, the Committee has to be constituted.
3. Under the circumstances, we are not inclined to issue direction to the respondents regarding the said prayer.
4. Insofar as the second prayer is concerned, the petitioner is seeking for a direction to the respondents to conduct surveys on regular intervals in order to have updated status of management and working of public toilets.
5. Learned Counsel for the BBMP submitted that the Zonal Engineers are specially assigned to do the periodical supervision and to conduct inspection. The said engineers conduct regular inspection. The submission of learned Counsel for BBMP is placed on record.
Under the circumstances, the second prayer is considered in part and this writ petition is disposed of by placing the submission of learned Counsel for BBMP on record.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB