The Madras High Court has observed that authorities have to be extra careful while spending the public funds. They cannot be heard to say that by mistake the public toilets were constructed on the pathway and the patta lands.
The Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy disposed of a Petition filed by one J. Prasad on the ground that the public toilets have been constructed by the authorities and now they are trying to remove them.
R.Anitha, Special Government Pleader submits that the public toilets were constructed in Survey in which one is the pathway and other two are patta lands owned by the fourth respondents.
Certainly, the public toilets could not have been constructed on the pathway and the patta lands of private persons , the Bench said.
Special Government Pleader submits that the government authorities will identify the government poramboke lands for construction of the public toilets and thereafter only the public toilets constructed on the pathway and the patta lands will be removed.
“In fact, the authorities are dealing with public funds. They have to be extra careful while spending the public funds. They cannot be heard to say that by mistake the public toilets were constructed on the pathway and the patta lands. The public funds cannot be allowed to be wasted in such a casual manner. At the same time, the land of the private persons cannot be allowed to be used for such purposes without their consent.”
In the light of the above, the Bench directed that the respondent authorities may identify the land for construction of the public toilets within six weeks and construct the public toilets expeditiously on the said identified place near the vicinity of the public toilets already constructed on the pathway and the patta lands. The respondent authorities shall thereafter demolish the public toilets on the pathway and the patta lands.