Municipal Authorities Cannot Be Expected To Completely Wipe Out All Stray Animals From Roads Or Municipal Areas: Delhi HC
The Delhi High Court observed that it is unrealistic to expect that the municipal authorities could fully eliminate all stray animals, including cattle, monkeys, dogs, and other species, from the streets and municipal regions of Delhi.
The Court disposed of a contempt petition against the Municipality Corporation of Delhi for deliberately disobeying the directions issued by the court concerning the management of stray cattle, monkeys, dogs, and other animals in the city.
The Court noted that the responsibility of the municipal authorities is to undertake coordinated, genuine, and effective measures to rehabilitate these animals and prevent them from posing threats to the residents of Delhi or the traffic on the roads.
“It cannot be expected that the municipal authorities can completely wipe out, from the roads and municipal areas of Delhi, all stray animals, whether cattle, monkeys, dogs or other animals”, the Bench of Justice C. Hari Shankar observed.
Advocate J. K. Gupta appeared for the Petition and Advocate Aditi Saraswat appeared for the Respondent.
The contempt petition accused the Respondents of deliberately disobeying the directions issued by the court in an order dated September 25, 2019, pertaining to a Public Interest Litigation (PIL) concerning the management of stray cattle, monkeys, dogs, and other animals in the city. The order from 2019 directed the Respondents to develop a policy or scheme to control these stray animals, ensure their immediate action, provide anti-rabies vaccinations to government hospitals, and establish a committee to oversee these matters.
The contempt petition claimed that the respondents had not adequately complied with these directions. During a hearing on 7 March 2022, it was disclosed that the North Delhi Municipal Corporation (North DMC) had impounded 3581 cattle from the streets under its jurisdiction and handed them over to gaushalas maintained by the Government of National Capital Territory of Delhi (GNCTD). Additionally, the GNCTD informed the court that they currently maintain five gaushalas housing approximately 17,500 cattle.
The Court ordered further details on the maintenance of gaushalas to be provided. The policy regarding the release of impounded cattle to their owners has changed, with cattle no longer being released back to their owners once brought into the gaushala.
These Court noted that reports revealed that nine portions of Gaon Sabha-owned land were allocated to NGOs for establishing and managing Gausadans in Delhi, following a Cabinet Decision from July 29, 1994. Consequently, six Gausadans were established across different areas of Delhi in accordance with these allocations. However, due to the license cancellation of one Gausadan in May 2019 and the surrender of another by its trustee/management committee in 2004, municipal authorities were in the process of formulating regulations and soliciting interest for the allocation, improvement, and operation of Gausadans, with plans for fresh allocations in the pipeline. Moreover, the estimated cattle population in Delhi, post-COVID-19 pandemic, stands at around 83,671. Lastly, the existing four Gaushalas in the city were reported to have adequate space to accommodate abandoned cattle. Additionally, the affidavit provided detailed information regarding the operational Gaushalas/Gausadans and their respective capacities.
The Court noted that the assertions made in the recent status reports were deemed to substantially comply with the directions outlined by the Court in its order dated 25 September 2019. The Court emphasized the need to interpret the 2019 order in a meaningful manner, recognizing that complete eradication of stray animals from the streets and municipal areas of Delhi may not be feasible. Instead, municipal authorities were expected to make sincere and concerted efforts to rehabilitate these animals and mitigate any threats they pose to residents and traffic.
Given the content of the status reports, the Court concluded that there is no evidence of contumacious or willful disobedience on the part of the respondents regarding compliance with the 2019 order. The Court clarifies the distinction between contempt and enforcement actions.
The Court directed that the process of impounding cattle from the streets should continue earnestly, and all cattle under the jurisdiction of the North DMC should be removed from the streets within two weeks.
Accordingly, the Court disposed of the Petition.
Cause Title: Shri Salek Chand Jain v Sh Vijay Kumar Dev & Ors (2024:DHC:1020)
Appearance:
Petitioner(s): Advocate J. K. Gupta
Respondent(s): Additional Standing Counsel Jawahar Raja, Standing Counsel Akhil Mittal and Advocates Aditi Saraswat and Vivek Kumar.
