BMC notice to petrol pumps to let toilets for public use illegal, says Bombay High Court

The Bombay High Court on Wednesday observed that the notice sent by the civic body to petrol pumps to make their toilets available for public use is illegal and directed the civic body to remove the signboards put up on petrol pumps to use their toilets by general public. A writ petition was filed by owners of various petrol pumps in Mumbai along with the Petrol Dealers’ Association.

They were seeking a stay on a notice issued by the civic body on December 22, 2017, directing them to make available toilets on their petrol pump premises for the use of the general public free of cost under the Swachh Bharat Mission and have put a signboard on the petrol pump to that effect.

The petition states, “Considering the difficulties/danger in keeping the toilets for general public, the petitioners made representations to the corporation. The corporation has not taken any action.” Since there was no action by corporation, the petitioners moved high court. The petitioners also sought to remove the signboards. A division bench of Justice A S Oka and Justice Riyaz Iqbal Chagla, while passing the order, said that prime facie, it appears that it is illegal on the part of corporation to send a notice to petrol pumps directing them to make available toilets on their premises for general public free of cost.

The court, terming the act of civic body as “illegal”, directed them to remove the signboards put on the petrol pumps in three weeks. The court also said that the relief is only granted to the petrol pumps who have approached the court through the petition.

Justice AS Oka on Tuesday said: “You (corporation) cannot put up boards outside their properties saying the toilets on their premises are public toilets. How can you do that following the Swachh Bharat Mission. Show us where it says so.”

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