The central legal point established in the judgment is the duty of the State to protect public safety and safeguard the environment and wildlife, as well as the fundamental rights of citizens, as enshrined in the Constitution.

( 1 ) THESE two writ petitions were being listed together as both these petitions deal with the subject of stray cattle. While Civil Writ Petition No. 3791 /2000 deals with menace of stray cattle, buffaloes and dogs. Civil Writ Petition no. 842/1997 highlights mismanagement of Goshalas where stray cattle after being rounded up are sent. C. W. P. No. 3791 /2000 seeks a direction to the respondents to take effective and appropriate steps to deal with the continuing menace of cattle and stray dogs on the roads. It also seeks a direction to the respondents to keep the roads free of loitering cattle and stray dogs. Besides, the petition seeks the levy of heavy penalty on the owners who allow their animals to squat and stray on the roads.

( 2 ) IN C. W. P. No. 842/1997, the petitioner seeks the issuance of an appropriate writ or direction to the respondent. Municipal Corporation of Delhi (MCD), not only to initiate enquiry into alleged financial irregularities committed in Goshalas, but also to punish all persons involved in this alleged scandal.

( 3 ) BY the predecessor Bench s order dated August 31,2001 in C. W. P. No. 3791 / 2000, the writ petition was confined only to the menace of stray cattle to ensure that proper scheme and guidelines are prepared by the MCD and the New Delhi municipal Council (NDMC) to get rid of the problem so that the roads are made free from roaming cattle.

( 4 ) IN C. W. P. No. 3791 /2000, it is stated that cows, bulls and stray dogs on the roads pose a serious menace. Cattle squat on the roads and hamper free flow of traffic, sometimes leading to accidents and loss of human lives. It is pointed out that at some traffic intersections there is a great concentration of cattle which prevents the pedestrians from crossing the intersections. It also prevents vehicles from passing through the intersections even on a green signal.

( 5 ) CONCENTRATION of cattle causes traffic hazards and endangers life, be that of an animal or a human being. Presence of cattle on roads also causes filth and stench because of their excreta that becomes a breeding ground for various diseases.

( 6 ) PHENOMENA of stray cattle are attributed to the owners who abandon their livestock on roads in order to avoid feeding them. The petitioner in effect prays for elimination of menace of stray cattle, cows and bulls. It also seeks a direction to the respondents to remove stray cattle, cows and bulls on daily basis to shelter homes established for them, and to keep the roads clear from their menace. The writ petition also seeks a direction to the respondents to levy heavy penalty on the owners of stray animals.

( 7 ) IT is not necessary to highlight the averments made in C. W. P. No. 842/1997 as the aforesaid details of C. W. P. No. 3791 /2000 will also cover the details of C. W. P. No. 842/1997 except with regard to the condition of Goshalas/gosadans and cows, bulls and cattle which are caught by the MCD and sent there. According to the petitioner in C. W. P. No. 842/1997, the MCD is providing Rs. 75/- per day for each animal which is caught and sent to the Goshalas/gosadans. It is alleged that the diet which is being provided by Goshalas to each animal is worth Rs. 25 /- only per day. The petition alludes to the fact that the condition of livestock that is handed over to goshalas/gosadans is pathetic. They suffer from various diseases and injuries. Birds are seen to be feeding from their injuries even their eyes. It is also alleged that the Gosadans/goshalas sell these animals to slaughter houses. Even the MCD employees are stated to be helping the Gosadans/goshalas in the sale of animals to the abettoirs. It is further alleged that the animals are being subject to cruelty.

( 8 ) AT this stage, it may be pointed out that on September 29,2000, the Counsel for the MCD indicated that 89,149 cattle were rounded up and handed over to the gosadans run by the NGOs. It was further stated that the closing balance of cattle as on Sept