Delhi High Court - Orders
Nyaya Bhoomi vs Govt. Of Nct Of Delhi And Ors on 25 October, 2024
Author: Manmohan
Bench: Tushar Rao Gedela, Manmohan
$~10 to 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3346/2015, CM APPL. 6001/2015, CM APPL. 38449/2018
& CM Appl. 63421/2024
NYAYA BHOOMI .....Petitioner
Through: Mr. Sumit Kumar, Advocate
versus
GOVT. OF NCT OF DELHI AND ORS .....Respondents
Through: Mr. Santosh Kr Tripathi, Standing
Counsel with Mr. Karn Bhardwaj,
ASC, Mr. Rajat Gaba, Mr. Shubham
Singh and Mr. Saurabh Dahiya,
Advocates for R-1/GNCTD.
Mr. Ajjay Aroraa and Mr. Kapail
Dutta, Advocates for MCD.
Mr. Srinarsha Peechara, Standing
Cousnel with Mr. Akshat Kulshrestha
and Mr. D.S. Bhanu, Advocates for
NDMC.
Mr. Percival Billimoria, Sr. Advocate
with Ms. Jasmine Damkewala, Mr.
Saurabh Malhotra, Mr. Prem Sood
Ms. Vaishali Sharma, Mr. Tushar
Bathija, Ms. Rachita Sood and Mr.
Divyam Khera, Advocates for
Impleader/ACGS.
Ms. Esha Dutta, Ms. Shaalini
Agrawal and Mr. Siddharth Pandey,
Advocates for the impleader in CM
Appl. 63421/2024.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 09/11/2024 at 01:30:25
(11)
+ W.P.(C) 6914/2015
THE SOCIETY FOR PUBLIC CAUSE .....Petitioner
Through: Dr. L.S. Chaudhary, Dr. Ajay
Chaudhary, Mr. Bharat Chaudhary,
Mr. Vikram Singh and Mr. Gaurav
Gupta, Advocates
versus
UNION OF INDIA & ANR .....Respondents
Through: Mr. Rajesh Gogna, CGSC with Mr.
Nipun Jain and Ms. Priya Singh, GP
for UOI.
Mr. Vikram Chandravanshi, Advocate
with Mr. Deepin Deepak Sahni for
AWBI.
Mr. Percival Billimoria, Sr. Advocate
with Ms. Jasmine Damkewala, Ms.
Vaishali Sharma, Ms. Rachita Sood
and Mr. Divyam Khera, Advocates
for Impleader/ACGS.
(12)
+ W.P.(C) 14560/2024
DHANANJAY SANJOGTA FOUNDATION
THROUGH ITS DIRECTOR .....Petitioner
Through: Mr. Taha Bin Tasnee, Advocate along
with Mr. Rahul Bajaj and Mr. Amar
Jain, petitioners
versus
DEPARTMENT OF ANIMAL HUSBANDRY
AND DAIRYING & ANR .....Respondents
Through: Mr. Rajesh Gogna, CGSC with Mr.
Nipun Jain and Ms. Priya Singh, GP
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 09/11/2024 at 01:30:25
for UOI.
Mr. Santosh Kumar Tripathi,
Standing Counsel (Civil) with Mr.
Rishabh Srivastava and Mr. Kartik
Sharma, Advocates for GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 25.10.2024
1. In pursuance to the last order, Ms. Ipshita Mitra, Deputy Secretary, Dept of Empowerment of Personal Disabilities, Dr. Abhijit Mitra, Animal Husbandry Commissioner and Chairman (AWBI) and Dr. Sujit Kumar Dutta, Secretary, AWBI are present. This Court has heard the aforesaid officers.
2. This Court has also heard learned counsel appearing for the parties.
3. This Court is of the view that a person with a disability has a fundamental right to move on the streets of Delhi without the fear of being attacked by stray monkeys and dogs.
4. In fact, Delhi is no longer a safe city for pedestrians with hundreds of rabies bites everyday due to careless attitude of some members of civic society. Is it fair that people should get food from home and feed it to dogs as well as monkeys in public parks and round abouts making them unsafe for small children, disabled people and elderly? Is it fair that large number of banana sellers should sit right outside city forests and green belts for some citizens to entice monkeys from tree tops and come down to pavements - making them abandon their natural food and instead chase innocent pedestrians for food?
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/11/2024 at 01:30:26
5. This Court takes judicial notice that roadside restaurants, canteens and even ' Bhandara' points outside large government hospitals like All India Institute of Medical Sciences ('AIIIMS') etc. are leaving huge amounts of left over food on pavements for monkeys and dogs. This has created a dangerous situation for patients and their relatives who are seeing large number of animals attacks and bites.
6. It has also been seen that a lot of 'self-styled do Gooders' have created a system of filling their vans with cooked food and they down-load this across the city on pavements, parks, public offices etc. The result is that there are more than two hundred (200) monkeys in many public places - with every day cases of assault and bites on hapless citizens.
7. If Delhi wants to be a world class city - we all must behave like world class citizens. Equally our civic agencies must become more proactive in setting world class ethics and ways of coexisting with urban biodiversity.
8. Consequently, with consent of parties, it is directed that the Chief Secretary, GNCTD shall convene a meeting on 4th November 2024 at 4:30 PM at his office. The meeting shall be attended by the heads of MCD, NDMC, Delhi Cantonment Board, Forest Department (GNCTD), Animal Husbandry Department (GNCTD), Secretary, Animal Welfare Board, Delhi, Ms. Ipshita Mitra, Deputy Secretary, Dept. of Empowerment of Personal Disabilities, Dr.Abhijit Mitra, Animal Husbandry Commissioner and Chairman (AWBI), Dr.Sujit Kumar Dutta, Secretary, AWBI and Mr. Vikram Chandravanshi, Legal Advisor, AWBI, Mr. Percival Billimoria, learned senior counsel, Mr.Rahul Bajaj, Mr.Amar Jain and Ms. Gauri Maulekhi. The Chief Secretary, GNCTD shall be at liberty to call more than one meeting.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/11/2024 at 01:30:26
9. With the consent of the parties, it is further directed that the monkeys shall be shifted from Delhi to Asola-Bhatti Wildlife Sanctuary, New Delhi. The said directions shall be implemented by the NDMC, MCD, Delhi Cantonment Board and Department of Forest on priority basis. It is clarified that this must be done under supervision of wildlife officers or local animal experts to ensure that there is no instance of undue harm to animals. This Court emphasises that in this case - the animals are paying a penalty for careless and negligent behaviour of us humans.
10. The Chief Secretary, GNCTD as well as Respondents shall file a fresh status report before the next date of hearing. List on 18th November, 2024 at 2:15 PM.
MANMOHAN, CJ TUSHAR RAO GEDELA, J OCTOBER 25, 2024 Aj This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/11/2024 at 01:30:26