The main legal point established in the judgment is the justification of rates for catching cattle based on the provisions of the NDMC Act, 1994, and the necessity to control stray animals in public places.

( 1 ) THE petitioner has filed the present petition seeking directions against respondent No. 1 Council to reduce the rates of fine for catching cattle and bo bring it in parity with the rates of MCD. The controversy in the present writ petition arises from a notice advertised on 30. 9. 1999 by respondent No. 1 council to the effect that any animal found to be roaming or deserted or tied in any lane or public place or on any plot of land within jurisdiction of the respondent No. 1 council will be caught and taken into custody being in violation of the provisions of Section 327 of the NDMC Act, 1994. The cost for catching the animals, confinement, cost of transportation etc. were also specified as per the prescribed rates. The rates fixed are Rs. 5000/- for maximum two days and Rs. 1000/- for every next day and fodder charges of Rs. 225/- per day for high quality milch animal/cattle. The amount is lower for common milch cattle being Rs. 2000/- for two days and Rs. 500/- for every next day and fodder charges of Rs. 100/- per day and for other cattle, pig, horse, mule, goat, calf, she-calf and donkey etc. is rs. 1000/- as cost for maximum two days and Rs. 250/- for every next day and fodder charges of. Rs. 75/- per day.

( 2 ) THE grievance of the petitioner is that rates of the Municipal Corporation of Delhi, respondent No. 2 is to the tune of Rs. 1400/- per cattle and Rs. 75/- as fodder charges. It is thus contended that the charges for NDMC are much higher and are unreasonable and that there should be parity between the same with the MCD.

( 3 ) RESPONDENT No. 2 MCD has filed a counter affidavit admitting the charges being levied by it.

( 4 ) RESPONDENT No. 1 has also filed an affidavit stating out the provisions of Section 308, 309, 327, 328 of the NDMC Act, dealing with the issue of such cattle which cause nuisance. It is stated that the area under the jurisdiction of NDMC is in the heart of the capital of the country including VIP areas and commercial establishment and the areas of great public importance. Thus every endeavour has to be made to maintain areas at par with international norms. Thus it cannot permit stray animals to roam around in public places.

( 5 ) THE rates have been justified as fixed on rationale basis which not only include the cost incurred but also include the opportunity cost of respondent No. 1 in the area which is much higher than of the area under the jurisdiction of respondent No. 2 it is thus stated that even expenses for engaging staff is much higher. Details have been given that there are number of Supervisors, Class IV employees and trucks for impounding the stray cattle apart from the expenses incurred on purchase of fodder. It is stated that the cost amount to Rs. 6 lakhs per year apart from the fodder charges and respondent No. l Council was able to realise only a sum of Rs. 93,675/- on account of imposition of fine. It is thus stated that no parity can be sought with respondent No. 2. It is also stated that the gausadans and gaushalas are situated at a distance of about 40-45 kilometres which also increase the cost.

( 6 ) THE menance of stray cattle oft the streets of delhi is reaching alarming proportion day by day. Apart from being a public nuisance, they are causing number of accidents. However, needful has to be done by the respondents to reduce this menace.

( 7 ) THE owners of such cattle cannot let them free on the roads of Delhi without any control and then come in proceedings under Article 226 of the Constitution of india claiming that the charges should be less. The nuisance caused to the citizens as a result of these stray cattle is the direct result of pathetic manner in which the owners lay them free to roam around on the streets of Delhi.

( 8 ) RESPONDENT No. 1 Council has considered the issue of cost expended for removal of such stray cattle and even given figures for the same. The realisation even from the rates is only small part of the cost incurred. Thus