COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Constitutional Rights, Duties of Municipal Councils, Public Nuisance

RATLAM MUNICIPALITY v. VARDHICHAND

AIR 1980 SC 1622
V.R. KRISHNA IYER and CHINNAPPA REDDY. JJ.

Introduction

This application was made under Section 133 of the Criminal Procedure Code seeking an order from the Magistrate's Court, directing the Municipal Council of Ratlam to take necessary action to stop the stench caused by open drains and public excretion by slum dwellers for want of public lavatories. The Magistrate made order as prayed for, but it was reversed on appeal to the Court of Sessions. On further appeal, the High Court as well as the Supreme Court upheld the order of the Magistrate. The defence of the Municipality was that notwithstanding the public nuisance, it did not have the funds to carry out the necessary activities and that this exonerates it from statutory liability.

Legal Framework

Constitution-Part III
Criminal Procedure Code-Section 133
Municipalities Act-Section 123

Held

In rejecting the defence of the Municipality, the Supreme Court observed that the Criminal Procedure Code applies to statutory bodies and others regardless of their financial standing, just as human rights under Part III of the Constitution have to be respected by the State regardless of budgetary provisions. Section 133 of the Criminal Procedure Code considered in conjunction with Section 123 of the Municipalities Act, empowers the Court to require a municipality to abate a nuisance by taking affirmative action within a stipulated time. In arriving at this conclusion, the Court stated, "Public nuisance because of pollutants being discharged by big factories to the detriment of the poorer sections, is a challenge to the social justice component of the rule of law. Likewise, the grievous failure of local authorities to provide the basic amenity of public conveniences, drives the miserable slum-dwellers to ease in the streets, on the sly for a time, and openly thereafter, because under nature's pressure, bashfulness becomes a luxury and dignity a difficult art. A responsible Municipal Council constituted for the precise purpose of preserving public health and providing better facilities cannot run away from its principal duty by pleading financial inability. Decency and dignity are non-negotiable facets of human rights and are a first charge on local self-governing bodies. Similarly, providing drainage systems, not pompous and attractive, but in working condition and sufficient to meet the needs of the people, cannot be evaded if the Municipality is to justify its existence. A bare study of the statutory provisions makes this position clear".