PANAJI: The Bombay high court has directed the demolition of an illegal toilet constructed under the Swachh Bharat Abhiyan in Calconda, Margao, observing that it had been built without the necessary licence or permission.“Although it is contended that construction of toilet was made under Central Govt Scheme, i.e. Swachh Bharat Abhiyan, that itself would not legalise the illegal construction made in violation of provisions of the law,” Justice S G Chapalgaonkar stated.“The petitioner could not demonstrate before this court that construction was backed by necessary sanction/permission of competent authority,” the court observed.Zubeda Khan, now deceased and represented by Amina Khan, approached the high court challenging an Oct 2021 order of the Margao Municipal Council (MMC) directing demolition of the toilet and a Feb 2026 order of the Goa Municipal Appellate Tribunal upholding the council’s decision.The MMC had found that the toilet was constructed without permission from the competent authority and ordered its demolition, directing the petitioners to bear the demolition costs.The petitioners contended that authorities under the Swachh Bharat Abhiyan had allotted and constructed a toilet at the site of their old toilet. They argued that the complainant had suppressed this fact in the complaint filed before the MMC. The council issued a show-cause notice to the Khans in Aug 2017, asking them to explain why the toilet should not be demolished.The petitioners argued that the MMC’s decision to declare the toilet illegal and order its demolition was contradictory, as the council was the authority responsible for approving such construction. They said their application had been processed and the PWD, through its appointed technical officers, had assessed the feasibility of the construction and granted technical sanction.They further contended that the scheme itself envisaged sanitary toilet facilities in residential houses to ensure safety for women and the public.
