Wednesday, November 24, 2010

The grievous failure of local authorities to provide the basic amenity of public conveniences

A responsiblity of MMRDA & municipal council constituted for the precise purpose of preserving public health and providing better finances cannot run away from its principal duty by pleading financial inability. Decency and dignity are non-negotiable facets of human rights and are a first charge on local self governing bodies. Similarly, providing drainage systems- not pompous and attractive, but in working condition and sufficient to meet the needs of the people- cannot be evaded if the municipality is to justify its existence.
A bare study of the statutory provisions makes this position clear. This is a public duty implicit in the public power to be exercised on behalf of the public and pursuant to a public proceeding. Failure to comply with the direction will be visited with a punishment contemplated by S. 188 I.P.C. Therefore the Municipal Commissioner or other executive authority bound by the order under S.133 Cr.P.C. shall obey the directions because disobedience, if it causes obstruction or annoyance or injury to any persons, awfully pursuing their employment, shall be punished with simple imprisonment or as prescribed in the section.” 

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