state the various judgements given by the different courts in case of ratlam municipality
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Residents of a locality within limits of Ratlam Municipality tormented by stench and stink caused by open drains and public excretion by nearby slum-dwellers moved the Magistrate under s. 133 of the Criminal Procedure C0de to require the Municipality to do its duty to towards the members of the public. The Magistrate gave directions to the Municipality to draft a plan within six months for removing of the nui$ance.
In the appeal, the order was reversed by the Sessions Court. The High Court approved of the order of the Magistrate and subsequently the case came before the Supreme Court.
The key question the Court had to answer was whether by affirmative action a court could compel a statutory body to carry out its duty to the community by constructing sanitation facilities at great cost and on a time-bound basis.
According to S. 123 of the M.P. Municipalities Act 1961, the Council had the duty to undertake adequate provisions within its Municipality with regard to the cleansing of public areas, disposing of rubbish and abating of all public nuisances.
However, the Municipality argued that the municipal funds were insufficient and therefore it could not carry out the duties under S. 123 of the Act. Notwithstanding the public nuisance the financial inability validly exonerated it from the statutory liability.
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