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Calcutta High Court · body

2026 DAILYLAW 42592 (CAL)

FAYAZ ALAM v. STATE OF WEST BENGAL AND ORS.

WPA/8975/2026 · 2026-09-16

Raja Basu Chowdhury

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item.21 16.09.2026 ssi Ct. 3 WPA 8975 of 2026 Fayaz Alam -vs- State of West Bengal & others. Mr. Bidish Ghosh Mr. Amiyo Ghosh …for the petitioner Ms. Mousumi Bhowal Mr. Aman Gupta …for the Municipality 1. The petitioner complaining of health hazards and the accumulation of garbage dump in front of and adjacent to a public urinal which is situated in front of the petitioner’s premises No. 4, Sadhana Aushadhalaya Road, Kolkata- 700048, the present writ petition was filed. This Court noting the pathetic condition of the urinal and the likelihood of the same causing health hazards to the petitioner who is residing opposite to the aforesaid uncared for urinal and garbage dump, had directed the respondent no.4 and the respondent no.7 to immediately cause an inspection and file a report. The inspection report filed by the respondents had, in fact, supported the petitioner’s case. Since then, by an order dated 19th May, 2026, this Court on ascertaining from the report that the local people 2 litter, and throw garbage around the area which had led to the accumulation of garbage, had directed the Municipal Authorities to come with an appropriate proposal for renovation of the said urinal. By such order, the Court also directed the municipality to clean the urinals at least twice a day and to take adequate precaution measure so that the same does not lead to health hazard. Appropriate direction was also issued on the municipality to discharge the responsibility for removal of garbage and keeping the area clean on day to day basis. 2. In terms of the aforesaid direction, the Municipality has come with a proposal to renovate the urinal. 3. Ms. Bhowal, learned advocate appearing for the Municipality has placed before this Court a further proposal of operating and maintaining the urinal through public private partnership, and the same according to her has been approved in the meeting of the Board of Councilor held on 24th August, 2026. A copy of the aforesaid note sheet to support the same as placed before this Court is taken on record. 4. Having regard to the above disclosure and noting that the municipality has already taken steps to renovate the urinal at a cost Rs. 1, 71, 175/-, I am of the view that in the best interest of the residents 3 of the locality, the municipality should forthwith proceed with the work of renovation of the urinal and may proceed in terms of the proposal as placed before this Court, in accordance with law. The municipality is, however, directed to ensure that the adequate steps are taken for removal of the garbage and keeping the area clean. Pending renovation, the municipality is directed to ensure that none should be permitted to use any part or portion of the existing urinal as a garbage dump, including by the locals/residents. Although, at this stage, the learned advocate representing the petitioner would submit that a time frame should be fixed for completion of the renovation of the urinal, however, since Ms. Bhowal would submit in response to the aforesaid submissions that a tender has already been floated, this Court is of the view that the municipality should start the process of renovation preferably within a period of three months from the date of passing of this order and complete the same on an expeditious basis. 5. Accordingly, WPA 8975 of 2026 is disposed of. (Raja Basu Chowdhury, J.)