Supreme Court decision regarding a municipality that claims an inability to provide basic sanitation facilities and prevent street contamination, as required by Section 123 of the M. P. Municipalities Act of 1961, due to a claimed lack of financial ability; residents of the municipality successfully brought suit under Section 133 of the Criminal Procedure Code to compel the municipality to remove the public nuisance.
The municipality was ordered to take immediate action with regards to the contamination and pollution in the streets. It was also ordered to provide sanitary facilities and services for its residents within a six-month period.
This decision rejected the city’s defense that it lacked resources, noting that the relevant Indian law obligates the municipality to fulfill its public health duties. This case is also important for the Supreme Court’s view of court powers to compel the fulfilment of government duties. Where in the past the courts have been reactive to state harms committed, the Supreme Court in this case allowed an affirmative action against the municipality.
For their contributions, special thanks to ESCR-Net member: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
