Rajiv Sharma, J.

The present petition has been filed pro bono publico for the protection and welfare of animals. The petitioner has sought directions to the respondents to restrict the movement of horse carts/tongas from Nepal to India and from India to Nepal through Banbasa, District Champawat, India. Petitioner has prayed that there should be provisions for vaccination, medical checkup of the horses for suspected infections before entering into the Indian territory from Nepal and for regulating the traffic on the border areas. The route starts from Banbasa, District Champawat, Uttarakhand, India to Mahendra Nagar, Nepal. It runs over 14 Kms. (7 Kms. in India and 7 Kms. in Nepal). The route of 7 Kms. in India along with the width of the road is as under:-

2. This route of 7 Kms. is in the territory of India and after reaching the 7 number pillar (India-Nepal Border), a further distance of 7 Kms. within the territory of Nepal is also being covered by the horse carts/tongas for reaching the destination Mahendra Nagar, Nepal. Petitioner has sought information from the Nagar Palika, Bhim Dutt, Kanchanpur, Nepal.

3. The Nagar Palika Bhim Dutt, Kanchanpur, Nepal registers the horse carts/tongas plying over the route within the territory of Nepal and in India.

4. The gates of Sharda river dam for the purposes of movement remain open between 6 o’clock to 7 o’clock, 12 o’clock to 2 o’clock and 5 o’clock to 6 o’clock. There is no check on number of horse carts/tongas which enter the Indian Territory.

5. The Indian Government is aware of the same but no concrete steps have been taken to restrict the movement of horse carts/tongas in border areas.

6. The Government of India and Government of Nepal have entered into a treaty of transit, trade and agreement of cooperation to control unauthorized trade between Government of Nepal and Govt. of India in the year 1991. The revised Indo-Nepal treaty of trade between India and Nepal came into existence in 2009. The text of Article IX reads as under:-

“Article IX Notwithstanding the foregoing provisions, either Contracting Party may maintain or introduce such restrictions as are necessary for the purpose of:

a. Protecting public morals

b. Protecting human, animal and plant life,

c. Safeguarding national treasures,

d. Safeguarding the implementation of laws relating to the import and export of gold and silver bullion, and

e. Safeguarding such other interests as may be mutually agreed upon.”

7. There is no check on the fare to be charged from the passengers and the luggage travelling from Nepal to India and India to Nepal. The horse dung is polluting the river water. The ailing, infirm and old horses are abandoned by the owners in the Indian Territory. The infected horses are hazardous to the human beings. The horse carts/tongas stay overnight and are being parked on the roadside. The tongas are overloaded. It causes cruelty to the horses. There is no record of the persons or their identity plying the horse carts/tongas with the Indian territory. The record of horse carts/tongas is required to be maintained. Pictures have also been placed on record showing the injured horses. It is in these circumstances, the present petition has been filed.

8. The scope of the writ petition was enlarged with the consent of parties in larger public interest to promote the protection and we