Andhra Pradesh High Court - Amravati
Animal Rescue Organization, vs The State Of Andhra Pradesh, on 22 July, 2019
Author: C.Praveen Kumar
Bench: C.Praveen Kumar, M.Satyanarayana Murthy
1
HON'BLE THE ACTING CHIEF JUSTICE C.PRAVEEN KUMAR
AND
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION (PIL) No.66 of 2019
ORDER:(Per Hon'ble The Acting Chief Justice C.Praveen Kumar) The present writ petition came to be filed in the nature of public interest litigation, seeking the following relief:
"For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court, in the interest of justice, be pleased to issue a writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the inaction of the respondent authorities, in not implementing the Transportation of Animals Rules, 1978 (Amendment) 2001 & 2009, Prevention of Cruelty to Animals Act, GO.Ms.No.23 dated 01-10-2015 and not preventing the illegal transport as illegal and unconstitutional and consequently direct the respondent authorities to initiate stringent action against the people who are indulging in the unauthorized transport of animals near Gokavaram and cruel treatment to animals at Gokavaram and direct all the respondents to implement the GO.Ms.No.23 dated 01-10-2015 and while making it clear that the cattle market at Gokavaram shall not function till the judgments and rules regarding the treatment to animals are implemented and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
The first petitioner Organization, by name Animal Rescue Organization, Gandhi Nagar, Kakinada, represented by the second petitioner, being its Secretary, is aggrieved by the alleged inaction on the part of the respondent authorities in taking steps to stop illegal transportation of cattle in violation of statutory rules and in constituting special teams to stop such illegal transportation of animals and cruelty towards cattle in the cattle market at Gokavaram, East Godavari District, in terms of G.O.Ms.No.23, Animal Husbandry Diary Development and Fisheries (AH.I) Department, dated 01.10.2015, issued by the Government of Andhra Pradesh in pursuance of the orders of the combined High Court for the 2 States of Telangana and Andhra Pradesh in PIL No.206 of 2015. The petitioners allege that under the aforesaid G.O., the Government constituted Shandy Level Monitoring Committees and framed certain guidelines to be followed by the said Committees, but the said guidelines are not being implemented at the cattle market at Gokavaram, where cattle are being treated cruelly. Further, Shandy Level Marketing Committee is non-functional. Neither ramps or sheds are provided nor CC TV cameras are installed. No measures as indicated in the G.O. are being followed in transportation of animals. The petitioners further state that despite bringing the same to the notice of the respondent authorities by way of several representations, no action has been taken, and therefore, resorted to this pro bono litigation.
Respondent No.6-Jonit Director, Animal Husbandry Department, East Godavari District, filed a counter-affidavit, inter alia stating that as per the Court orders and G.O.Ms.No.23 dated 01.10.2015, Shandy Level Monitoring Committee has been formed on 30.03.2019, consisting of a Chairman and seven members with the officials in various departments of the Government. The Special Officer of Gokavaram Gram Panchayat, who is the Chairman of the Committee, conducted a meeting with the members on 30.03.2019 and passed Resolution No.69, approving the Committee. It is further stated that the Shandy Level Monitoring Committee shall ensure provision of ramps, CC TV cameras, fodder, drinking water & shed for animals, transport vehicles with GPS (Global Positioning System) and partition in the vehicle as per specifications. Animal Fitness Certificate should be issued by Veterinary Doctor of that area and addresses of sellers and borrowers should be recorded in the register while entering into and leaving the shandy. Permission for animal transportation should be issued 3 by Shandy Leveal Monitoring Committee. Insofar as the facilities and other issues at Cattle Market, Gokavaram are concerned, the 6th respondent stated as under:
"1. Coming to facilities available at Cattle Market Gokavaram, I submit that fodder, Ramp and Water troughs are available. However Cattle shed is not established yet and there are no CCTV Cameras as well.
2. Illegal Transportation of Cattle has to be looked after by Road Transport Department and Police Department. Concerned authorities have been informed to take stringent action against the persons involving in illegal Cattle Transportation, through letter No.47/T/JD(AH)/2018 dated 08-04-2019.
3. The maintenance of the Cattle Shandies is in purview of the Gokavaram Grampanchayat, Agriculture & Marketing Department and the local governing authorities. Hence, we have intimated about the lacunae of the facilities provided for the animals in the market yard to the concerned authorities through letter dated 08-04-2019."
From the above, it is clear that Shandy Level Monitoring Committee has been constituted for the cattle market at Gokavaram Gram Panchayat, but only few facilities, as contemplated in G.O.Ms.No.23 dated 01.10.2015, are provided in the said cattle market and a lot more is required to be done to ensure strict compliance of the said G.O. Learned counsel for the petitioners mainly laid stress on implementation of clauses 7 to 12 of G.O.Ms.No.23 dated 01.10.2015. He also relied upon the judgment of the Supreme Court in LAXMI NARAIN MODI V/s. UNION OF INDIA1, wherein the guidelines issued by Ministry of Environment and Forests in relation to transportation of animals and 1 (2013) 10 SCC 227 4 maintenance of slaughterhouses were referred to and all the State Governments/UTs and the committees constituted were directed to effectively follow the said guidelines.
Having regard to the above, the writ petition is disposed of directing the respondent authorities to ensure strict compliance of G.O.Ms.No.23 dated 01.10.2015 and the provisions of the Prevention of Cruelty to Animals Act and Transport of Animals Rules, and also the guidelines referred to in LAXMI NARAIN MODI (1 supra) and in PIL No.206 of 2015, insofar as Cattle Market, Gokavaram is concerned, as early as possible, preferably within a period of three to six months from the date of receipt of a copy of this order.
As a sequel, pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
____________________ C. PRAVEEN KUMAR, ACJ __________________________ M. SATYANARAYANA MURTHY, J Dt: 22.07.2019 IBL 5 HON'BLE THE ACTING CHIEF JUSTICE C. PRAVEEN KUMAR AND HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION (PIL) No.66 of 2019 Dt: 22.07.2019 IBL