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Judgment
Rajiv Sharma, J; Lok Pal Singh, J.
Present petition is entertained on the basis of letter addressed to Hon’ble the Chief Justice highlighting the lack of facilities between the Saptrishi
Checkpost to Jatwada Bridge.
District Magistrate, Haridwar has filed the affidavit indicating that the Mukhya Nagar Adhikari, Nagar Nigam Haridwar vide letter dated 27.8.2015
had informed that the public toilets, which are necessary for public at large, are not available in the side of Jawalapur road from Saptrishi Checkpost to
Jatwada Bridge. However, public toilets including urinals are available for the convenience of tourist/pilgrimage in the Municipal Corporation near
highway at Pantdeep, Laljiwala, Deen Dayal Parking, Rodi Belwala Police Checkpost, Chandighat area. There are also 57 toilets for the convenience
of public in other main roads/spots in Municipal Corporation area. The widening of the road is undergoing. The Executive Engineer, Uttarakhand Jal
Sansthan, Pantdweep, Haridwar, vide letter dated 27.08.2014, had informed that 305 water pillars have been constructed in the roads of Haridwar
city, and apart from that, during Mela period, 36 temporary water stand post at Kanwad Bazar of Pantdweep, 10 at Rodi Belwala, 30 at temporary
parking of Baragi Camp, 4 at Sankarachya chowk and 10 at Jatwada bridge are provided by the department.
It is evident from the reply filed by the respondent that there are no public toilets between the Saptrishi Checkpost to Jatwada Bridge. The Court
can also take judicial notice of the fact that public toilets/urinals are also not available in majority of roads including National Highways throughout the
State of Uttarakhand. According to the directions issued by the Oil Companies, petrol pump owners are required to construct public toilets/urinals,
however, the owners of the petrol pumps do not permit the ordinary commuters to use the toilets/urinals. At some places, the toilets/urinals are also
locked and are only permitted to the persons who buy petrol from their filling station. This is contrary to the directions issued by the Oil Companies.
Accordingly, we issue following directions:
i) The respondents shall construct sufficient number of toilets/urinals between Saptrishi Checkpost to Jatwada Bridge for the use of public at large
visiting Haridwar within a period of six months from today. It is made clear that charges should not be exorbitant and it should be reasonable. No
charges shall be made from the children below the age of 12 years and elderly women.
ii) Petrol pump owners shall permit the use of toilets/urinals to all the commuters, by putting up a signboard of reasonable size, informing the
commuters that they are free to use the toilets/urinals in the premises.
iii) All the toilets/urinals shall be kept clean.
iv) No money shall be charged by the petrol pump owners for permitting the use of toilets/urinals.
v) The drinking water shall also be made available to the commuters by the petrol pump owners, free of cost.
vi) The District Supply Officers throughout the State of Uttarakhand shall be personally liable to ensure the compliance of the directions issued
hereinabove.
4.With the aforesaid observations and directions, present petition stands disposed of finally.