JUDGMENT

Vinod S. Bhardwaj, J.

The prayer in the present petition is for seeking issuance of directions to the Respondent to take immediate steps to curb the menace of stray dogs within the territorial jurisdiction of Union Territory, Chandigarh and to ensure that the laws are implemented with promptitude. A further prayer of compensation for the injury caused as well as mental and physical trauma suffered by the Petitioner due canine attack while jogging in a Park in Sector-16, Chandigarh is also claimed.

2. The Petitioner, who is a National Level Tennis Player and has been playing for more than 15 years with an All India Ranking of 216 has approached this Court for suffering a canine attack while jogging in Shanti Kunj, (park maintained by the Municipal Corporation), Sector-16, Chandigarh. The Petitioner has been concentrating on training for making a mark in sports. Her parents put away their flourishing career in the corporate sector to concentrate on the Tennis training of the Petitioner and her younger sister by appointing international Coaches for the best possible training of the Petitioner. As per the hierarchy of tournaments of Tennis in India, there are certain categories which are "TS"i.e. Talent Series followed by "CS"i.e. Championship Series and thereafter the level "SS"i.e. Super Seniors, higher to it is National Series i.e. "NS"and at the top of the pyramid is the "Nationals" (Open Nationals). The Petitioner has participated in the highest level of tournaments in the country. Various certificates won by her in the above said tournaments have been attached.

3. The incident in question took place on 28.08.2022, when the petitioner had gone for jogging to Shanti Kunj. The dogs attacked her from behind and caused bite injuries on both her calves resulting in Grade-IV dog bites. She was immediately taken to the Government Multi-speciality Hospital, Sector-16, Chandigarh for treatment. She was tested and was found allergic to anti-rabies serum derived from animals. The anti-rabies serum (Human) had to be thereafter arranged personally as the same was not readily available in the Hospital. The father of the Petitioner made strenuous efforts and it was then that the said serum could be procured after about 04 hours. The scale of injuries is from 1 to 6 where, six is fatal, the injuries suffered by the Petitioner was categorized as Grade-IV. The photographs of the injury suffered by the Petitioner have been attached as under:-

4. The injury, however, did not heal as the rabid dogs had pull away flesh from the calves leaving a gaping hole which further led to pus formation in the wound. As the pain did not reduce and condition deteriorated, the Petitioner was taken to PGIMER, Chandigarh where the doctors informed that the stitching of the injury by the Government Medical Hospital was improper and the wound ought to have been kept open. Samples were drawn from the pus and were sent for check up and the petitioner is continuously consuming anti-biotics since 28.08.2022 even till the date of filing of the petition before this Court on 12.09.2022. The petitioner thus approached this Court for seeking compensation not only for the trauma caused to her but also on account of failure by the Respondents in discharging their obligations as per the statue.

5. Reply by way of affidavit of Isha Kamboj, Joint Commissioner, Municipal Corporation, Chandigarh had been filed where in the measures taken by the Municipal Corporation, Chandigarh have been detailed. It was also mentioned that a Division Bench