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L.K. Koolwal vs State Of Rajasthan And Ors.

Country/Territory
India
Type of court
National - higher court
Date
Sep 19, 1986
Source
UNEP, InforMEA
Court name
High Court of Rajasthan
Seat of court
Jaipur
Judge
Mehta., D.L.
Reference number
AIR 1988 Raj 2, 1987 (1) WLN 134
Language
English
Subject
Waste & hazardous substances, Environment gen.
Keyword
Hygiene/sanitary procedures Public health Waste management Transport/storage
Abstract
A writ petition was filed by the petitioner asking the Court to issue directions to the State to perform its obligatory duties, in the matter of sanitation of Jaipur City. The petitioner invoked fundamental rights and the directives principles of State policy and brought to the fore the acute sanitation problem in Jaipur which, it claimed as hazardous to the life of the citizens of Jaipur. The Court observed that maintenance of health, preservation of sanitation and environment falls within the purview of Art. 21 of the Constitution as it adversely affect the life of the citizen and it amounts to slow poisoning and reducing the life of the citizen because o the hazards created of not checked and that Article 51A creates the right in favour of the citizen to move to the Court to see that the State performs its duties faithfully and the obligatory and primary duties are performed in accordance with the law of land. It provides particularly under Clause (g) that the State and its instrumentalities and agencies should strive to protect and prove the natural environment. Under Clause (j) it has been further provided that the State should (strive towards) collective activity so that the nation constantly rises to the higher levels of endeavour and achievement. The Court held that the Municipality had a statutory duty to remove the dirt, filth etc from the city within a period of six months and clear the city of Jaipur from the date of this judgment. A committee was constituted to inspect the implementation of the judgment.
Full text
COU-156142.pdf
Website
www.indiankanoon.org