The Brihanmumbai Municipal Corporation (BMC) was questioned by the Bombay High Court (HC) recently on claims that it had extended private privileges to commercial property by removing two public restrooms that were located close to the Mrinal Tai Gore flyover.
Vishwashanti Utkarsh Sanstha filed a public interest litigation (PIL) asking the Bombay HC to order BMC to refrain from tearing down the two restrooms, arguing that doing so would cause serious risks to public health, environmental dangers, and social unrest.
On October 7, 2024, the BMC notified Sulabh International Social Service, which is in charge of maintaining the buildings, that the two public restrooms in Cama Estate, Goregaon East, needed to be demolished.
According to the petition, the notice was received at the request of MP Gajanan Kirtikar, who claimed that it impeded the road's expansion, which was essential for reducing traffic in the vicinity.
Advocate Rahil Ahmed Siddiqui, speaking on behalf of Vishwashanti Utkarsh Sanstha, argued that the restrooms were constructed especially for the local slum dwellers and are a component of the government's effort to enhance cleanliness in urban slums.
Those who cannot readily access private facilities would be disproportionately impacted by the demolition, he argued. He further asserted that the destruction was actually done to make room for a private petrol pump.
Siddiqui stated that the BMC is using the two restrooms as an excuse to favour the commercial industry, and they are not coming in the alignment of road widening.
Those who cannot readily access private facilities would be disproportionately impacted by the demolition, he argued. He further asserted that the destruction was actually done to make room for a private petrol pump.
Siddiqui stated that the BMC is using the two restrooms as an excuse to favour the commercial industry, and they are not coming in the alignment of road widening.
However, attorneys Chaitanya Chavan and Oorja Dhond, speaking on behalf of BMC, demonstrated that the neighbourhood, especially the area surrounding the petrol station, suffers from severe traffic congestion as a result of adjacent residential and commercial constructions, endangering pedestrian safety.
According to an affidavit filed by BMC on Monday, the Slum Sanitation Program is currently underway to construct a new restroom block 400 meters from the subject restroom block, close to the Lodha Building, BMC Parking, and across from the Mrunal Tai Gore Flyover.
A division bench headed by Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar affirmed the significance of the road widening project after reviewing the arguments put up by both sides.
Road widening is also highly important. Even if it gets in the way of a petrol pump, we have to move in that direction', they declared.
Additionally, the court ordered the municipal authorities to locate a spot near the designated spot, build a second permanent lavatory, and install a second temporary cabin (porta cabin) lavatory.
The court ordered the BMC to provide an affidavit within three days outlining their stance on the petitioner's objection, and on January 20, 2025, the court listed the case for additional hearing.