The failure of the State and its agencies to prevent the cattle and the bovine animals from taking to the roads, affecting the quality of life of the citizens, and the lack of effective steps for relocating dairies operating without licenses.

T. S. THAKUR, J, J.

( 1 ) NEARLY five years back, a division bench of this Court disposed of WPs no. 3791/2000 and 842/1997 with directions to the GNCT of Delhi, MCD and NDMC to take effective steps for removing the menace of stray cattle from Delh. The court examined the genesis of the problem of the cattle straying on the roads and acted in public interest to relieve the citizens of the menace which was found to be hazardous, causing traffic snarls and spreading filth and squalor leading to outbreak of diseases. The Court observed :

"the menace of stray cattle is hazardous and causes traffic snarls. It affects the safety of human beings on the road. It has the potential to cause accidents. Besides, it depicts a very dismal picture of the capital. It is also very cruel on the bovine animals as they are let loose on the road because the owners do not want to feed them. These animals have to fend for themselves. They eat whatever comes in their way including garbage and plastic bags. This affects their health and causes extreme trauma to them. We also find that gosadans, by and large, have not been able to fulfill the purpose for which they were established. The fact that the animals which were made over to Gosadans have disappeared speaks volumes about their working. The capital city of Delhi should be a show window for the world. The stray cattle on the roads gives a wrong signal. Cattle and other animals which are let loose on the roads by their owners are also responsible for filth, squalor and outbreak of diseases. "

( 2 ) THE Court held that the State and its agencies were impervious to the menace and had taken no effective steps to prevent the cattle and the bovine animals from taking to the roads thereby affecting the quality of life of the citizens. The following passage is in this regard apposite:

"it appears that the State and its agencies are impervious to the menace of stray cattle. They have not taken any effective steps to prevent the cattle and the bovine animals from taking to the roads. This has affected the quality of life of the citizens. The inaction of the state and its agencies impinges upon the fundamental right of the citizens under Article 21 of the Constitution. Under Article 48 of the Constitution, the State inter alia is required to protect and safeguard the forest and wild life. The State by neglecting to perform its duty in preventing the menace of stray cattle is avoiding implementation of Article 48 of the Constitution. It is the duty of the State to keep in view the directive principles of the State policy which are fundamental in the governance of the country and to apply those principles in making the laws. No effective law has been made to prevent the owners of bovine animals including cattle and cows from being let loose. "

( 3 ) THE writ petition was eventually disposed of with the following directions :

"1. The NDMC or the MCD and the Government of NCT of Delhi shall take all possible steps to relocate dairies operating in the municipal zones of Delhi to the outskirts of Delh. 2. The Delhi Milk Scheme and Mother Dairy should take steps to increase their supply of milk to Delhi and, in doing so, an effort should be made to rope in the unorganized sector so that the distribution is done by the aforesaid tow agencies after collecting milk from the villages on the periphery of Delhi or outside Delh. This will discourage private parties from opening dairy farms in the city. 3. The MCD and the NDMC shall employ sufficient number of vehicles to ferry the impounded cattle. 4. The MDC, the NDMC and the police department should work together to stop the menace of stray cattle. 5. Co-ordination Committee shall be constituted in each of the Police districts. Each committee shall consist of the Deputy Commissioner, MCD of the area/secretary, NDMC, and the Deputy Commissioner of Police of the concerned district. The two-member Committee shall be responsible for eradicating the menace of stray cattle. 6.