Municipal Council, Ratlam v. Vardhichand and others AIR 1980 SC 1622:

- The residents of a locality in Ratlam city, Madhya Pradesh, filed a complaint under section 133 of the Code of Criminal Procedure, 1973, against the municipal council for failing to provide basic sanitation facilities and prevent street contamination, as required by section 123 of the M. P. Municipalities Act, 1961.

- The municipal council pleaded financial inability to carry out its statutory duty and challenged the jurisdiction of the criminal court to issue directions to it.

- The Supreme Court upheld the order of the magistrate and rejected the municipality's plea that financial inability validly exonerates it from statutory liability. The Court framed a scheme and fixed time-limits for the construction of sanitation facilities.

- The Supreme Court also held that the right to a clean and healthy environment is a fundamental right under Article 21 of the Constitution of India, and that the criminal court has the power to compel the municipal body to perform its public duty and abate the nuisance.

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Theories of Punishment

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