The Kerala High Court ruled that non-highway fuel stations can decide whether to allow the general public to use their toilets, while stressing that NHAI has failed to provide proper public conveniences on National Highways. Justice Amit Rawal remarked, “We get challans but no public toilets.
The Kerala High Court on Thursday came down strongly on the National Highways Authority of India (NHAI) for not providing and maintaining proper public toilets on National Highways.
The case before the Court dealt with whether toilets inside fuel stations should be treated as public toilets or not.
The Division Bench of Justices Amit Rawal and PV Balakrishnan was hearing an appeal filed by the association of petroleum dealers in Kerala along with several individual petrol pump owners.
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They challenged an earlier order of a single judge which had directed that toilets in petrol pumps along highways must be kept open for public use at all times.
The single judge had also said that toilets in petrol pumps in other areas should be open to customers and transit travellers and should not be denied to the public unless there was a genuine safety concern.
During the hearing, Justice Amit Rawal shared his personal experience while stressing the lack of toilets along highways.
He said,
“Recently, when I was travelling from Jodhpur to Ranthambore, we could not find a single public toilet on the NH. It is such a long stretch. We oversped and got four challans. So challans are there but no public toilet.”
He pointed out that petrol pump owners cannot be forced to carry the entire burden of providing toilets to the public, as it is the responsibility of the NHAI. Comparing India’s condition with other countries, Justice Rawal observed,
“Basically, this is the duty of the NHAI. Frankly speaking, if you go any foreign country, after you cover a certain distance you will always find a convenience stop. There you can drink coffee, eat something, attend to calls of nature. But here we don’t have this. Whatever National Highways toilets are there, they are not working. Nobody is there. Ultimately entire brunt has fallen on them (petrol pump owners). This is very very bad.”
The petroleum dealers had complained that local municipal authorities had started treating their private toilets as public conveniences. In many places, authorities had even pasted posters on petrol pump washrooms declaring them as public toilets.
According to the dealers, these toilets were constructed and maintained to cater only to customers who come to refuel or use other facilities, not for the general public.
They argued that this practice was creating chaos, with large tourist buses and non-customers crowding their premises, sometimes leading to fights and threatening safety inside petrol bunks.
The petitioners stated that the order of the single judge had the effect of treating their facilities as if it were a public interest litigation against them, though it was their own petition asking for relief.
They argued that the outlet owners must be allowed to exercise discretion in permitting public use of toilets, keeping in mind security and safety protocols. In their appeal, they said,
“The impugned order omits and ignores the facilities are essentially customer facilities granted at a retail outlet for the customers who transit the retail outlet for the limited purpose of refuelling or use of other essential amenities. The impugned orders has the effect of permitting persons or local residence or the persons not in the cause of travel to availing any facility of the retail outlet or without being in bonafide transit.”
The Division Bench partly agreed with the petroleum dealers. It modified the single judge’s order. The Court ruled that petrol pumps not situated on National Highways can use their discretion when it comes to the general public.
They must allow their customers and transit travellers to use the toilets, but they are not bound to open them for everyone else.
The Court said,
“In respect of retail outlets in locations other than National Highways, oil marketing companies and the appellant/petitioners shall permit the use of toilets facilities round the clock for customers and transit travellers. They shall permit the use of facilities to general public only at their discretion.”
As for petrol pumps located along National Highways, the Court said they must follow the Ministry of Road Transport and Highways’ circular. These outlets must allow customers, staff, and transit travellers to use toilets during working hours.
If the petrol pump operates round the clock, then toilets must also remain open round the clock. The Court directed,
“In respect of retail outlets on National Highways in the State, oil marketing companies and appellants/ petitioners shall permit customers, staff, and transit travellers to use toilet facilities round the clock if the petrol outlets are open round the clock. If not, they will permit use during the working hours of the retail outlets. They shall also display boards at the entrance of the retail outlets indicating the availability of water and toilet facilities.”
The Division Bench also made it clear that local government bodies cannot force fuel stations to declare their toilets as public toilets by placing boards or posters.
The judgment therefore balanced the interests of the public, customers, and the petroleum dealers, while putting the main responsibility on the NHAI to ensure functional public conveniences along National Highways.
Case Title:
Petroleum Traders Welfare and Legal Service Society & Ors. v State of Kerala & Ors
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