R. Subhash Reddy, J.

1. As common questions of law, on similar set of facts are involved in these two writ-petitions, they are heard together and disposed of by this common judgment. For the purpose of disposal, we draw facts as narrated in Writ Petition (PIL) No. 9 of 2017.

2. Writ Petition (PIL) No. 9 of 2017 is filed by way of Public Interest Litigation by the petitioner who is a senior citizen aged about 96 years and resident of Memnagar in the city of Ahmedabad, seeking the reliefs which read as under:-

"(A) Your Lordships may be pleased to admit and allow the present petition.

(B) Your Lordships may be pleased to issue a writ of Mandamus or a writ in nature of Mandamus and/or any other appropriate writs, orders and/or directions and thereby directing the respondent authority to stop the functioning of Respondent No. 4 in the Memnagar Area as because of which the entire area has been declared as "Bird Flue" affected zone and further be pleased to direct the respondent authority to take appropriate steps against respondent No. 4 trust.

(C) Your Lordships may be pleased to issue a writ of Mandamus or a writ in nature of Mandamus and/or any other appropriate writs, orders and/or directions by directing the respondent authority to investigate as to how and in what circumstances affected birds were brought to the Memnagar area and under whose direction they have been culled and buried there itself and further be pleased to take appropriate steps against the responsible government officials and further be pleased to compensate the local residents of the Memnagar area.

(D) Pending hearing and final disposal of this petition, Your Lordship may be pleased to stay and suspend implementation, execution and operation of the Respondent No. 4 from its further functioning.

(E) Such other and further reliefs as may be deem just and proper in the facts and circumstances of the case may please be granted in favour of the petitioner in the interest of justice."

3. The case of the petitioner in Writ Petition (PIL) No. 9 of 2017, as narrated in the petition is that, he is the resident of Memnagar area of Ahmedabad and has been residing in the said area for the last 50 years. According to the petitioner, the State Government as well as the Police Commissioner, due to their incapacity and lack of control, have allowed the respondent No. 4 to bring the bird flu virus affected birds to the purely residential area of the city and out of them, at least more than 200 birds were also already affected by H5N1 (Bird Flue) virus and the same is within the knowledge of the respondents, in spite of the same, the respondent Nos. 1 and 2 allowed the infected birds to be transferred to the city area which is against the public interest at large. It is further the case of the petitioner that Memnagar area is purely residential area situated near the farm/premises of the 4th respondent and there is St. Xavier's School, where some 2000 students are studying, therefore, it is dangerous for the students also in view of the action of the 4th respondent in bringing such birds to the farm/premises of the 4th respondent. According to the petitioner, about 150 birds which were affected with Avian Influenza were culled and buried within the premises of the 4th respondent which is absolutely dangerous for the health of the local residents. The respondents have notified 1 km area of Memnagar, Ahmedabad as "Bird Flu Affected" zone and 10 kms area as "Alert Zone" as it is confirmed that the birds which have been kept at the premises of the respondent No. 4 are infected with H5N1 virus (Bird Flu virus). It is further case of the petitioner that St. Xavier's School is situated at a distance of only 200 meters from the premises of the 4th respondent and by allowing the culling and burying of the affected birds within the premises of the 4th respondent, the respondent authorities have created dangerous situation for the spread of the virus. It is the grievance of the petitio