IMPORTANT POINTS
1. The dairy owners/operators continuing to operate within the city of Jodhpur are directed to shift to a new colony which has been made available to them by the State as expeditiously as possible.
2. Inaction by the Government amounts to indirectly permitting unauthorized use which amounts to the amendment of the master plan without following due procedure.
3. The hazard to health and environment of not only the persons residing in the illegal colonization area but of the entire town as well have to be taken into consideration.

Headnote:Constitution of India—Article 226 —Public interest litigation—Shifting of milk dairies located in city of Jodhpur from their present location to alternative sites—Unhygienic and unhealthy prevalent conditions adversely affecting quality of life of residents living in the city of Jodhpur—Cattles found loitering and squatting on roads of Jodhpur city causing danger to human life and creating traffic hazard—Stray animals roaming all around inside and outside the city freely—Appellant-Milkmen Colony, an association of milkmen engaged in business of selling milk and milk products in the city of Jodhpur for the last 44 years—Members of appellant Samiti were allotted plots of lands in the city @ Rs. 2/- per sq. yards under a Scheme—Since 1956, the said milkmen have been carrying their business of selling milk and milk products—State Government complying with the orders of the Court has allotted 2500 bighas of land to the Urban Improvement Trust for the purpose of shifting dairies from the city of Jodhpur—State Government had also made a sum of Rs. 50,00,000/- available to the Municipal Corporation to meet expenses of catching the stray cattle and for purchase of their fodder—Allotment of 500 bighas of land to the Municipal Corporation for creation of a pond—Government has earmarked and allotted the land on experts’ advice—In view of directions of the High Court, the Government has already provided basic amenities at the New Milkmen Colony—Plea raised by appellants regarding relocation of milk dairies on any site other than Barli—Whether maintainable—(No)—Directions made by the Court.
       Held : While it is true that the High Court has directed the relocation of the milk dairies from the city of Jodhpur on the grounds mentioned above and the same may cause some inconvenience to a set of people of the Society but the sole aim, object and spirit of the order was to meet the community need. Clean surroundings lead to healthy body and healthy mind. The public interest has to be understood and interpreted in the light of the entire scheme, purpose and object of the enactment. The hazard to health and environment of not only the persons residing in the illegal colonization area but of the entire town as well as the provision and scheme of the Act have to be taken into consideration.(Para 19)
       From the facts set out above and on hearing the rival contentions of the parties, avowedly, the menace by stray cattle has grown without any check from the authorities in the city of Jodhpur. The plots meant for developing milk dairies have become large commercial houses. The manner in which such large-scale violations continue leaves no doubt that it was not possible without the connivance of those who are required to ensure compliance with law and the reasons are obvious. Such activities result in putting extra load on the infrastructure. The entire planning has gone haywire. The law-abiders are sufferers. All this has happened at the cost of the health and decent living of the residents of the city violating their constitutional rights enshrined under Article 21 of the Constitution. The Government and its agencies have been negligent in discharging of their functions and obligations. Inaction by the Government amounts to indirectly permitting unauthorized use which amounts to the amendment of the master plan without following due procedure.(Para 20)
       The High Court was fully justified in entertaining the writ petition filed in public interest. The High Court rightly opined that it is the dire need of the city of Jodhpur to relocate the milk dairies which were creating nuisance for the citizens of the city of Jodhpur. We do not find any illegality in the directions of the High Court particularly when the High Court did not give any directions affecting their ownership of the existing plots though these plots of land were allotted to them on a highly concession rate (Rs.2 per square yard) for a definite purpose and majority of the milkmen did not use the land for the purpose it was allotted to them.(Para 22)
       The Government of Rajasthan has earmarked and allotted the land on experts’ advice. In view of the directions of the High Court, the Government of Rajasthan has already provided basic amenities at the New Milkmen Colony. The plots have been allotted to a number of milkmen in view of the notification issued by the State Government. The Government is the best judge of what is good for the community. Therefore, the decision of the Government of relocating the milkmen to a new site can not be questioned at this stage particularly when the State Government has taken the decision based on expert’s advice in the larger public interest.(Para 23)
       On consideration of the totality of the facts and circumstances of the case, in the larger interest of the citizens of Jodhpur, we issue the following directions:
       1.We direct the dairy owners/operators who were allotted land in the milkmen colony at Pal Road, but are still continuing to operate within the city limit to shift to a new colony which has been made available to them by the respondent State as expeditiously as possible and in any event on or before 31st March, 2007;
       2.The other milk dairy owners/operators who are running the dairies and keeping their cattle in the city of Jodhpur but have not been allotted land shall also shift their dairies and their cattle outside the city of Jodhpur on or before 30th April, 2007. The respondent State of Rajasthan and the Municipal Corporation at Jodhpur are directed to ensure that necessary facilities and infrastructure as directed by the Division Bench to the dairy owners/operators are provided, if not already provided;
       3.The Municipal Corporation of Jodhpur is directed to remove unattended stray animals, such as, stray cattle, bulls, dogs, pigs etc. from the city of Jodhpur as expeditiously as possible and in any event on or before 30th April, 2007;
       4.The respondent State Government is directed to frame guidelines regarding proper use of plastic bags in the State because number of deaths of cattle on account of consuming of plastic bags have been reported. The State Government is directed to frame necessary guidelines on or before 31st March, 2007;
       5.The Municipal Corporation is directed to ensure that used plastic bags and other plastic materials must be separated from other garbage and destroyed to prevent their consumption by cattle, bulls and other animals;
       6.The respondent State Government and the Corporation are directed to ensure that the basic infrastructure is made available to the milk dairy owners/operators as expeditiously as possible and in any event on or before 25th March, 2007;
       7.In order to ensure meticulous compliance of the directions of this Court and that of the High Court and to ensure relocation of the milk dairies, we direct the Committee appointed by the High Court to submit compliance report on or before 7th May, 2007. (Para 27)

JUDGMENT

Dalveer Bhandari, J.—Leave granted.

2. In a public interest litigation instituted under Article 226 of the Constitution, the High Court of Rajasthan at Jodhpur, by the impugned judgment, has directed that the milk dairies located in the city of Jodhpur be shifted from their present location to alternative sites. These appeals by grant of special leave are preferred against the said judgment and order dated 12th July, 2004 of the High Court passed in D.B. Civil Misc. Writ Petition No.4409 of 1994.

3. Both these appeals are inter-connected and are arising out of a common judgment, therefore, we would refer to the facts as mentioned in Civil Appeal No. 246 of 2007 arising out of SLP (C) No.16751 of 2004.

The appellant-Milkmen Colony Vikas Samiti is an association of milkmen engaged in the business of selling milk and milk products in the city of Jodhpur (Rajasthan) for the last 44 years. The Government of Rajasthan vide Notification No.F.1 LSG/56 dated 5.11.1956 introduced a scheme, namely, ‘Masuriya Colony Scheme’, under which the members of the appellant Samiti and other milkmen, who were carrying on business of selling milk and milk products, were allotted plots of land in the city of Jodhpur @ Rs.2/- per sq. yards. In all, 332 plots were allotted by the Government under the said scheme to different milkmen for developing dairies. Since 1956, the said milkmen have been carrying their business of selling milk and milk products in the above colony. The said colony was duly conceived and planned as a milkmen colony by the Urban Improvement Trust, Jodhpur with the approval of the State Government.

4. It is stated that the owners of the bovine animals, in the city of Jodhpur, after milching the bovine animals were turning them out of dairies so that they could eat whatever was available on the roads. The stray cattle including the cows, bulls, dogs etc. freely roam in the city of Jodhpur and in the porch of the Mahatma Gandhi Hospital, the principal government hospital in the city. It is further stated that the excreta of these animals was also visible all over, even in the corridors of the High Court. This totally unhygienic, unhealthy and injurious practice was creating considerable nuisance to the citizens of the city of Jodhpur.

5. The citizens of the City, being aggrieved by the said nuisance caused by the stray cattle and dogs, filed a petition in public interest in the High Court of Rajasthan at Jodhpur through the Rajasthan Chapter of Indian Association of Lawyers, respondent no.4 herein, associated with the International Association of Democratic Lawyers established in 1946 and in consultative status with UN Economic and Social Council, UNESCO and UNICEF.

6. In the instant petition, it was stated that stray animals, such as, bulls, dogs and cattle were roaming all around inside and outside the city freely. Cattle were found loitering and squatting on the roads of Jodhpur City and that they were causing danger to human life and were creating a traffic hazard. It is stated in the petition that the entire city was full of dirt, refuge and was stinking beyond all limits and that the excreta of stray cattle was a breeding ground for various diseases. Drains were clogged and sewerage water was getting mixed up with the drinking water spreading many diseases. These unhygienic and unhealthy prevalent conditions are adversely affecting the quality of life of the residents living in the city of Jodhpur and thereby impinging upon their constitutional rights enshrined under Article 21 of the Constitution of India. In the writ petition, following reliefs were prayed:

1.To direct the respondent Jodhpur Municipal Corporation and the Urban Improvement Trust to take steps to ensure that animals and cattle do not inhibit roads and public places and make proper arrangement in this behalf;

2.In order to oversee that all this is done, to appoint a Committee constituting of eminent citizens authorizing such Committee to see:

(i)that

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2007 Supreme(SC) 70

Cases Referred (5)