“You cannot put up boards outside their properties saying that the toilets in their premises are public toilets.. While you do not do that, instead you make private toilets into public toilets,” the bench said.Justice AS Oka said that action under the Swachh Bharat Mission or any other scheme of the Union government also had to be in accordance to law.The petitioners had told the high court that they had been directed by the BMC to make toilets at their stations or premises available for the use of general public free of cost under the Swachh Bharat Mission. Otherwise we will have to pass relevant orders,” the high court said.”You cannot do this.He also pointed out that as per the minutes of the meeting submitted by the petitioners, they had never allowed the civic body access to toilets in petrol pumps for general public.
The Swachh Bharat Mission cannot affect the rights of others like this. You will have to remove the boards wherever it is required.”A meeting was held and the petitioners had allowed us to use these toilets for public purpose during emergency,” said the counsel.”It is your obligation to build toilets (under Swachh Bharat Mission).The civic body has IP65 led triproof light plate connected with diffuser also put up signboards to the effect at various petrol pumps, the petitioners said.A division bench of Justices AS Oka and Riyaz Iqbal Chagla was hearing a writ petition filed by owners of various petrol pumps from across Mumbai, along with the petrol pump association.The court has now asked the civic body to take instruction in the matter by today.”What is the source of power that allows BMC to claim that toilets inside private petrol pumps are public toilets?” questioned the court.The counsel for the BMC said that the corporation had done so to further the cause of the Centres Swachh Bharat Mission.
Mumbai: The Bombay High Court on Tuesday asked the Brihanmumbai Municipal Corporation or BMC to explain the provisions under which the civic body had decided to convert private toilets into public ones under the Swachh Bharat Mission.”Which law can allow you to convert private toilets into public toilets,” Justice Oka asked. Take instructions that you will not do this in a private property. How can you do that following the Swachh Bharat Mission? Show us where it says so,” said the court.The petitioners were seeking a stay on a notice issued by the civic body on December 22, 2017, under which the BMC had put up signboards across all such stations informing the public to utilise the toilets at petrol pumps. You cannot put up boards without consent of the petrol pump owners
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