The Delhi High Court recently held that the presence of an open garbage bin and a public urinal in a residential area violates the residents' right to life [Rachit Gupta v. Government of NCT of Delhi & Ors.]

Justice Amit Bansal directed the Municipal Corporation of Delhi (MCD) to remove the same within four weeks, stating,

"One of the integral aspects of a healthy life is hygienic environment. Absence of a healthy environment would frustrate the right of the petitioner to live with dignity. The presence of a public urinal and an open garbage bin right next to the petitioner’s house clearly violates his right to life guaranteed under Article 21 of the Constitution, which includes right to live with dignity in a clean and healthy environment."

The petitioner, Advocate Rachit Gupta, approached the Court after an open garbage bin and a public urinal were placed immediately outside his residence. The structures were reportedly used by around 150 residents in the neighborhood.

The petitioner said that repeated requests to the authorities to maintain sanitation around the garbage bin and urinal had gone unanswered.

In response, the MCD claimed that regular cleaning of the urinal was being carried out.

However, the Court observed that such measures were insufficient to address the violation of the petitioner’s rights.

"This Court empathises with the petitioner as well as other residents inasmuch as presence of a public urinal as well as an open garbage bin would result in stench in the surrounding areas. The residents of the aforesaid locality have been constrained to live in such a deplorable condition."

A joint inspection conducted on August 7, 2025 to explore relocation of the facilities found that the site suggested by the petitioner was not feasible.

The petitioner argued that most homes in the area already have private toilets and that, under the Solid Waste Management Rules, garbage should be collected directly from households rather than left in open bins.

Ultimately, the Court directed MCD to demolish the open garbage bin and urinal next to the petitioner’s residence within four weeks and to provide a proper covered dustbin for dry and wet waste at a distance from residential properties.

Advocates Rachit Garg and Vaibhav Singh appeared for the MCD.

[Read Order]