Construction Of Public Toilet Near Temple Is Not An Activity Detrimental To Atmosphere Around Temple: Madhya Pradesh HC Dismisses Petition Against Construction
The Madhya Pradesh High Court dismissed a petition that was filed against the construction of public utilities near a Hanuman Temple while observing that the public utility premises are being constructed for the benefit of the devotees as well as for keeping the surrounding areas clean and hygienic.
The Court said that the construction of public utility premises for the benefit of the devotees cannot be said to be an activity detrimental to the atmosphere and ecological balance around the Temple.
The Court was hearing a petition under Article 226 of the Constitution of India filed seeking a Writ in the nature of mandamus to direct Respondent No.3 to stop the work of construction which has been started near the Hanuman Mandir.
The bench of Justice Gurpal Singh Ahluwalia observed, “Construction of public utility premises for the benefit of the devotees cannot be said to be an activity detrimental to the atmosphere and ecological balance…the public utility premises is being constructed for the benefit of the devotees as well as for keeping the surrounding areas clean and hygienic.”
Advocate B.P. Patel appeared for the Appellant and Deputy Advocate General Swapnil Ganguly appeared for the Respondent.
Brief Facts-
It is the case of the Petitioner that Respondent No.3 is constructing a public utility premises (Sarvajanik Sulabh Shauchalaya) near Hanuman Temple which is likely to spoil the atmosphere around the Hanuman Temple and, therefore, respondent No.3 may be restrained from constructing Sulabh Shauchalaya.
The Court noted that the petitioner could not point out the distance between the Hanuman Temple and the under-constructed public utility premises.
The Court also said that the petitioner has a criminal history and gave no clarification as to why he sought a direction for restraining the respondent Municipal Council from constructing a public utility premises.
Accordingly, the Court said that no case is made out warranting interference and dismissed the Petition.
Cause Title: Kapil Kumar Dubey v. State of Madhya Pradesh