SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(P&H) 898

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. SANDHAWALIA, ACJ., LAPITA BANERJI, J.
Bathinda Association of NGOs (Regd) – Petitioner
Versus
State of Punjab & Ors. – Respondents
CIVIL WRIT PETITION (PIL) NO. 23 of 2018 (O&M)
Decided On : 23-04-2024

Advocates Appeared:
Mr. Sardavinder Goyal, Advocate and Mr. Sarwinder Goyal, Advocate; For the Petitioner Association.
Mr. Saurav Khurana, Addl. Advocate General, Punjab.
Mr. Sanjeev Soni, Advocate and Mr. Sarthak Soni, Advocate, for Respondent No.6.

The court affirmed that the objectives of the Public Interest Litigation regarding stray animals were achieved through the State's actions, necessitating ongoing management and proactive measures.

Headnote:(A) Prevention of Cruelty to Animals Act, 1960 - Public Interest Litigation regarding stray animals - The petition sought directions for the management of stray cattle and vaccination measures. The State has implemented various measures including the establishment of Gaushalas and compensation policies for victims of animal attacks. (Paras 1-6)

(B) Public Interest Litigation - The court found that the objectives of the petition have been met through the issuance of necessary guidelines and instructions by the State authorities. (Paras 6-7)

JUDGMENT

Mr. G.S. Sandhawalia, ACJ. (Oral)

Prayer in the writ petition is for issuance of a direction to the respondent authorities to keep the cities/villages and roads free from the stray cattle and to ensure free and smooth flow of the traffic on the roads. Resultantly, a prayer is made that respondent-authorities be directed to keep the stray cattle in Gaushalas, Gausadans and shelter homes run by the State Government for housing cows and their progeny. Compulsory vaccination upon the stray animal has also been prayed for.

2. The writ petition by way of Public Interest Litigation was filed in the year 2018. The written statement filed by respondent No.4 would go on to show that there are total 457 Gaushalas/cattle pounds being run by the State of Punjab and a sum of Rs. 22.85 crores have been paid by the Department of Animal Husbandry i.e. Rs. 5 lacs per Gaushala. Various steps including creation of separate corpus, setting up of Gaushalas and cattle ponds and carrying out of awareness drives among the residents are stated to have been taken by the State of Punjab. 10 Municipal Corporations and 143 Municipal Councils/Nagar Panchayats have issued notification regarding levy of cow cess and three Municipal Corporations and seven Municipal Councils/Nagar Panchayats are yet to issue the said notification. Regarding the measures of birth control in stray dogs, Animal Birth Control (ABC) programme is being carrying out and Urban Local Bodies Department has sterilized about 1,22,360 dogs and the estimated expenditure on this was approximately Rs. 9.50 crores.

3. Municipal Corporation, Ludhiana has set up an Animal Birth Control Centre for speeding up sterilization drives of stray animals and Municipal Corporation, Amritsar is also setting up an Animal Birth Control Centre. The Punjab Municipal Corporation and Municipal (Registration, proper control of stray animals and compensation to the victims of animal attack) Bye-laws, 2020 have also been notified vide Annexure R-1. A policy under the Punjab Compensation to the victims of Animal Attacks or Accidents Policy, 2023 has been also made applicable in the State of Punjab to provide comprehensive mechanism to give compensation to the victims of accidents/deaths on account of stray animal. An amount of Rs. 5 lacs towards compensation on account of death and Rs. 2 lacs towards permanent disability caused by stray animal has been fixed by the State Government vide policy Annexure R-2.

4. It has also been mentioned in the reply that various advisories/instructions have been issued to all the Commissioners in the Municipal Corporations in Punjab regarding tying up of reflective radium bands upon the stray animal in a time bound manner as per the directions issued by the Punjab State Road Safety Council vide letter dated 12.03.2021 (Annexure R-3). Similarly, vide letter dated 16.03.2021 (Annexure R-4) instructions have been issued to all the Commissioners in Municipal Corporations and the authorities regarding identification of sufficient number of feeding spots for stray dogs in every district and to properly implement the revised guidelines dated 26.02.2015 with regard to pet dogs and street dogs. Further vide letter dated 21.05.2021 (Annexure R-5) instructions have been issued to implement the guidelines with respect to pet and street dogs. Even Resident's Welfare Associations and Apartment Owners Associations have also been issued instructions to initiate necessary action for rescue and rehabilitation of stray animal as per the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Municipal Bye-Laws.

5. Mr. Khurana, Additional Advocate General, Punjab has also brought to our notice the additional affidavit dated 22.09.2023 filed by respondent No.5 wherein it is mentioned that to avoid dangerous diseases, which can spread to human beings, vaccination upon stray animals is also kept under watch. The Infected and Controlled Area wise notification has been issued for taking

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top