Delhi High Court
Common Cause (Regd Society) vs Union Of India (Uoi), Government Of ... on 3 November, 2000
Author: R.S. Sodhi
Bench: R.S. Sodhi
JUDGMENT Anil Dev Singh, J.
1. These two writ petitions were being listed together as both these petitions deals with subject of stray cattle. While Civil Writ Petition No. 3791/2000 deals with menace of stray cattle, buffaloes and dogs, Civil Writ Petition No. 842/1997 highlights mismanagement of Goshalas where stray cattle after being rounded up are sent. CWP No. 3791/2000 seeks a direction to the respondents to take effective and appropriate steps to deal with the continuing menace of cattle and stray dogs on the roads. It also seeks a direction to the respondents to keep the roads free of loitering cattle and stray dogs. Besides, the petition seeks the levy of heavy penalty on the owners who allow their animals to squat and stray on the roads.
2. In CWP No. 842/1997, the petitioner seeks the issuance of an appropriate writ or direction to the respondent - Municipal Corporation of Delhi (MCD), not only to initiate enquiry into alleged financial irregularities committed in Goshalas, but also to punish all persons involved in this alleged scandal.
3. By the predecessor bench's order dated August 31, 2001 in CWP No. 3791/2000, the writ petition was confined only to the menace of stray cattle to ensure that proper scheme and guidelines are prepared by the MCD and the New Delhi Municipal Council (NDMC) to get rid of the problem so that the roads are made free from roaming cattle.
4. In CWP No. 3791/2000, it is stated that cows, bulls and stray dogs on the roads pose a serious menace. Cattle squat on the roads and hamper free flow of traffic, sometimes leading to accident's and loss of human lives. It is pointed out that at some traffic intersections there is a great concentration of cattle which prevents the pedestrians from crossing the intersections. It also prevents vehicles from passing through the intersections even on a green signal.
5. Concentration of cattle causes traffic hazards and endangers life, be that of an animal or a human being. Presence of cattle on roads also causes filth and stench because of their excreta that becomes a breeding ground for various diseases.
6. Phenomena of stray cattle are attributed to the owners who abandon their livestock on roads in order to avoid feeding them. The petitioner in effect prays for elimination of menace of stray cattle, cows and bulls. It also seeks a direction to the respondents to remove stray cattle cows and bulls on daily basis to shelter homes established for them, and to keep the roads clear from their menace. The writ petition also seeks a direction to the respondents to levy heavy penalty on the owners of stray animals.
7. It is not necessary to highlight the averments made in CWP No. 842/1997 as the aforesaid details of CWP No. 3791/2000 will also cover the details of CWP No. 842/1997 except with regard to the condition of Goshalas/Gosadans and cows, bulls and cattle which are caught by the MCD and sent there. According to the petitioner in CWP No. 842/1997, the MCD is providing Rs. 75/- per day for each animal which is caught and sent to the Goshalas/ Gosadans. It is alleged that the diet which is being provided by Goshalas to each animal is wroth Rs. 25/- only per day. The petition alludes to the fact that the condition of livestock that is handed over to Goshalas/Gosadans is pathetic. They suffer from various diseases and injuries. Birds are seen to be feeding from their injuries even their eyes. It is also alleged that the Gosadans/Goshalas sell these animals to slaughter houses. Even the MCD Employees are stated to be helping the Goshalas/Gosadans in the sale of animals to the abettoirs. It is further alleged that the animals are being subjected to cruelty.
8. At this stage, it may be pointed out that on September 29, 2000, the counsel for the MCD indicated that 89,149 cattle were rounded up and handed over to the Gosadans run by the NGOs. It was further stated that the closing balance of cattle as on September 29, 2000 in all the Gosadans was 8,516. According to the learned counsel, there was no account of 67,749 cattle that were handed over by the Gosadans to the NGOs. The stand of the MCD supports the plea of the petitioner that Gosadans/Goshalas are being mismanaged and that these establishments are avenues for personal gain and are committing number of irregularities.
9. In July, 1998, a report was prepared by Shri Raj Panjwani, Advocate, counsel for Animal Welfare Board of India on the subject of menace of abandoned cattle on Delhi roads. The report has been rendered keeping in view the history of Delhi and its people through various ages, political developments and population growth of Delhi.
10. The aforesaid report first talks of Mahabharata and makes a reference to the city called Indraprastha. According to the epic, the Kaurav king Dhritarastra gave a piece of land on the banks of river Yamuna to his nephews, the Pandava brothers, thinking that the land was worthless. The Pandavas are said to have founded a spectacular city Indraprastha at the site handed over to them by Dhritarastra. In the eighth century A.D., Dhilika was founded by Rajput kings to the south-west of Indraprastha. Delhi is believed to have derived its name from Dhilika. It was the capital of Tomar kings and was surrounded by a fort called Lok Kot, the remains of which are still visible. Thereafter, Dhilika was ruled by different rulers of different dynasties at different points of time in history. The location of Dhilika also kept on shifting. After the end of the Moghul rule in Delhi in 1803, Lord Lake defeated the Maratha in the battle of Patparganj near Delhi. Thereafter, the British shifted their capital in 1911 from Calcutta to Delhi. The shifting of capital to Delhi was to a great extent responsible for a change in the population pattern of Delhi. It also affected rural way of life. In the beginning, six villages in and around Raisina hills were taken over for building the capital. By 1913, twenty-five more villages were acquired for the purpose of urban use. In 1981, 137 villages came within the fold of urbanisation. By now most of the villages except a few have been urbanised. Today the population of Delhi is nearing the figure of 1.80 crores [this figure is not part of the report]. As an impact of urbanisation of the villages, the area under fodder plantation declined thereby making the feeding of livestock problematic. The increase in population led to an increased demand for milk, which, in turn, progressively increased the population of livestock to meet the demand. According to the 1981 Gazetteer of Delhi, development of seven dairy colonies was approved by the Ministry of Agriculture at a cost of Rs. 35 lacs. Delhi Development Authority (DDA) also set up three dairy colonies in rural areas during 1966-77 for comprehensive dairy development and to provide employment to landless and marginal farmers. This was followed by revised scheme involving a total cost of Rs. 10.9 crores for the development of ten dairy colonies with 61,214 cattle. The dairy colonies along with names, areas and capacity of the estimated stock in setting them up are listed as per below:-
S.No. Colony/Village Area (in acres) Capacity (No, of' cattle) Estimated cost (Rs.in lakhs') A. M.C.D.
1. Goela Khurd 105.00 9,360 129
2. Kakrala 16.50 2,720 40
3. Nangloi-Sakrawari 55.00 4,800 79
4. Jharoda 13.00 2330 31
5. Bhalswa 60.00 6,640 79 6- Sahibabad Daulatpur 39.50 4,740 48
7. Gharshi 231.00 13,400 246 Sub-Total (A) 520.88 43,900 652 B. D.D.A.
1. Masoodpur 26.00 2,736 103
2. Madanpur Khadar 17.00 2,200 69
3. Gazipur 205.00 12,288 268 Sub-Total (B) 248.00 17,224 440 Total 768.00 61,214 1,092 In 1997, a survey was conducted by the MCD to gather information regarding the following:-
(1) number of dairy plots, (2) number of plots allotted, (3) number of allottees undertaking dairy business, (4) number of plots under unauthorised construction/occupation, (5) number of allottees who had sold the plots, (6) number of occupation misusing the same for shops and factories, (7) number of undeveloped plots, (8) number of vacant plots, (9) number of cows and buffaloes.
The details gathered by the M.C.D. are as follows:-
"No. of dairy plots 9,228 No. of plots allotted 8,805 No. of allottees doing dairy business 7,053
No. of plots under unauthorised occupation 1,952 No. of allottees who have sold the plot 1,943 No. of occupants misusing for shop, factories, etc. 1,840 No. of undeveloped plots 576 No. of vacant plots 442 No. of cows (8,594) and buffaloes (28,521) 37,115"
11. Accordingly to the Delhi Gazetteer, while the plan was to accommodate 61,214 cattle int eh dairy colonies only 37,115 cattle were accommodated. The disparity was mainly due to diversion of land meant for dairy for other purposes. In a survey conducted in Municipal Zones it was discovered that in February 1996 there were 2,655 unauthorised dairies comprising of 16,789 buffaloes and 13,954 cows. Today the figure would be much more as in apparent from the fact that up to September 2000 stray cattle to the tune of 89,149 were rounded up. The details compiled by the MCD make it clear that there was a disparity between what was envisaged by the planner and what was realised after execution at the ground level. The unauthorised dairies being run to cater to the requirement of milk in Delhi is responsible to a very great extent for the menace of stay cattle, cows and bulls.
12. In the city there are 8 dairy colonies providing about 9,230 plots. Out of the total number of 9,230 plots, 8,805 plots have been allotted and remaining are unauthorisedly occupied. Some of the plots are being used as shops and factories. There number is 1840. The number of plots which are lying vacant are 442. Besides the various colonies where dairies have been permitted, there are 2,655 unauthorised dairies which have a bovine population as per below:-
Buffaloes : 16,889 Cows : 13,954
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30,743
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13. The dairies have been operating illegally and no licenses have been granted by the concerned authorities. The aforesaid factors and developments, especially ever-rising demand for milk due to over population of the metropolis, have caused the problem of stray animals including cattle and cows and their progeny.
14. The menace of stray cattle is hazardous and causes traffic snarls. It affects the safety of human beings on the road. It has the potential to cause accidents. Besides, it depicts a very dismal picture of the capital. It is also very cruel on the bovine animals as they are let loose on the roads because the owners do not want to feed them. These animals have to fend for themselves. They eat whatever comes in their way including garbage and plastic bags. This affects their health and causes extreme trauma to them. We also find that Gosadans, by and large, have not been able to fulfill the purpose for which they were established. The fact that the animals which were made over to Gosadans have disappeared speaks volumes about their working. The capital city of Delhi should be a show window for the world. The stray cattle on the roads gives a wrong signal. Cattle and other animals which are let loose on the roads by their owners and also responsible for filth, squalor and outbreak of diseases.
15. The requirement of milk in Delhi at present is more than 15 lac lts. per day (See Master Plan 2000). At present, the supply of milk by Delhi Milk Scheme and Mother Dairy is to the tune of 7.30 lac lts. per day. The two agencies are contemplating to increase the supply of milk to 9.75 lac lts. per day. This leads to a substantial shortfall in the supply of milk by Delhi Milk Scheme and Mother Dairy. The mismatch between the supply and demand, therefore, brings into picture private parties to fill up the gap resulting in the increase of cattle and bovine animal population in Delhi. This has resulted in the menace of stray cattle.
16. It appears that the State and its agencies are impervious to the menace of stray cattle. They have not taken any effective steps to prevent the cattle and the bovine animals from taking to the roads. This has affected the quality of life of the citizens. The inaction of the state and its agencies impinges upon the fundamental right of the citizens under Article 21 of the Constitution. Under Article 48 of the Constitution, the State inter alia is required to protect and safeguard the forests and wild life. The State by neglecting to perform its duty in preventing the menace of stray cattle is avoiding implementation of Article 48 of the Constitution. It is the duty of the State to keep in view the directive principles of the State policy which are fundamental in the governance of the country and to apply those principles in making the laws. No effective law has been made to prevent the owners of bovine animals including cattle and cows from being let loose. In the fats and circumstances, therefore, it has become necessary to give directions to the State to control and prevent the menace of stray cattle.
17. Accordingly, we direct and observe as follows:-
1. The NDMC or the MCD and the Government of NCT of Delhi shall take all possible steps to relocate dairies operating in the municipal zones of Delhi to the outskirts of Delhi.
2. The Delhi Milk Scheme and Mother Dairy should take steps to increase their supply of milk to Delhi and, in doing so, an effort should be made to rope in the unorganized sector so that the distribution is done by the aforesaid two agencies after collecting milk from the villages on the periphery of Delhi or outside Delhi.
This will discourage private parties from opening dairy farms in the city.
3. The MCD and the NDMC shall employ sufficient number of vehicles to ferry the impounded cattle.
4. The MCD, the NDMC and the police department should work together to stop the menace of stray cattle.
5. Co-ordination Committees shall be constituted in each of the Police Districts. Each committee shall consist of the Deputy Commissioner, MCD of the area/Secretary, NDMC, and the Deputy Commissioner of Police of the concerned District. The two-member Committee shall be responsible for eradicating the menace of stray cattle.
6. The MCD/NDMC shall cancel the license of a dairy in case the cattle and other bovine animals belonging to it stray out of the premises in which the dairy is being run.
7. Cattle and bovine animals located in Delhi shall have a tag number tied around their necks. The tag number must be indicative of the owner to whom the animal belongs so that there is no difficulty in tracing the owner.
8. Prosecutions should be launched under Section 98 of the Delhi Police Act, 1978, and Section 289 of the Indian Penal Code, 1860 against the owners of any cattle and bovine animals which are found on the streets and roads.
9. The MCD and the NDMC should employ sufficient number of persons to catch stray cattle and bovine animals. Once they are caught they shall be impounded and may be released only on payment of fine of at least Rs. 1,000/- each. The vehicles which are used for carrying impounded cattle and bovine animals ought to be fitted with ramp in order to obviate the chance of injury to them. The transit and handling of cattle and bovine animals after being impounded shall be in consonance with the provisions of the Prevention of Cruelty to Animals Act, 1960.
10. The electricity generating companies and the electric supply companies shall disconnect electricity to the unauthorised dairies/dairy colonies with immediate effect.
18. The roads of Delhi should be made free of stray cattle and bovine animals by 1st February, 2003. No cattle or bovine animals shall be permitted on the roads after the aforesaid date. The responsibility to comply with the order will be that of the aforesaid Committee in their respective areas.
19. In Civil Writ Petition No. 842 of 1997, the allegation is that the Goshalas/Gosadans are being mismanaged. We have earlier noticed that a large number of cattle and bovine animals were handed over to Goshalas/Gosadans, but it was found that only a limited number were available with them. There is also a serious allegation that cattle and bovine animals are not being provided with proper food and the amount which is released for the purpose of providing food to them is being misappropriated. In the circumstances, we are of the opinion that a committee headed by the Commissioner, Municipal Corporation of Delhi, with three other members, namely, Shri Raj Panjwani, Advocate, Ms. Meera Bhatia, Advocate, and Shri Anil Grover, Advocate, should go into the question of mismanagement of Goshalas/Gosadans and submit their report. We order accordingly. The Committee, apart from going into the veracity of the allegations, shall suggest remedial measures to rectify the defects in the functioning of the Goshalas/Gosadans.
20. With the aforesaid directions and observations, the writ petitions are disposed of. The matter, however, be placed for compliance report by the respondent on January 30, 2003.