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Judgment
Exception, in the form of affidavit against the report filed by the respondent Bansberia Municipality, by the petitioner is taken on record.
Complaining unhygienic condition prevailing in and around the urinal which is adjacent to the petitioner’s premises at 50 Triveni Bazar, Rameshwarpur, Tribeni, Hooghly, the instant writ petition has been filed. The photographs of the open urinal have also been disclosed.
When the above matter was taken up on 30th July, 2026, having regard to the case made out and noting the unhygienic condition prevailing in and around the petitioner’s premises, this Court directed the municipality to carry out an inspection of the locale and file a detailed report.
Pursuant to the aforesaid direction, the municipality has filed a report and in such report it has been stated that the Sub-Assistant Engineer of the municipality had caused an enquiry. The said Sub-Assistant Engineer has also noted that previously an open urinal block was constructed 20 to 25 years back, and the same has been rebuilt by new covered urinal block. The construction has been completed on 23rd April, 2026. According to the report, the bad smell i.e. obnoxious odor and the pollution level has decreased by 90% than before and there is ample water facilities in the urinal block.
Having heard the learned advocates appearing for the respective parties, I find that the urinal block has been set up just adjacent to the main entrance of the petitioner’s residence. From the report it transpires that now the bad smell has decreased which substantiates the fact that the petitioner had been suffering the unhygienic condition and only now the odor has only decreased, and not completely eradicated. As such, the petitioner whose main entrance to his residence is besides the urinal continues to suffer. Having regard to the above, I am of the view that the municipality must immediately explore possibility to relocate the aforesaid urinal to an appropriate location so that the same does not interfere with the rights of the petitioner’s ingress and egress and does not cause health hazard.
It is expected that a decision to relocate the urinal shall be taken by the municipality on an expeditious basis preferably, within a period of sixteen weeks from the date of communication of this order.
With the above observations and directions, the writ petition is disposed of.
Urgent Photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities.