Gauhati High Court
North East Progressive Pig Farmers ... vs The Union Of India And 2 Ors on 4 August, 2020
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/5
GAHC010101612020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3015/2020
1:NORTH EAST PROGRESSIVE PIG FARMERS ASSOCIATION AND ANR.
A SOCIETY REGD. UNDER THE SOCIETIES REGISTRATION ACT, 1860 WITH
ITS REGD. OFFICE AT KHERAISAALI ROAD, P.O. GHORAMARI, P.S.
TEZPUR, DHEKIDOL, DIST.- SONITPUR, PIN- 784105, ASSAM, REP. BY ITS
PRESIDENT MANOJ KUMAR BOSUMATARY, AGED ABOUT 45 YEARS, S/O-
SRI KAMAL CHANDRA BOSMATARY, VILL- DHEKIDOL, P.O. GHORAMARI,
P.S. TEXPUR, DIST.- SONITPUR, PIN- 784105, ASSAM
2: MRINAL KUMAR BORAH
S/O- SRI BIREN KUMAR BORAH
GENERAL SECRETARY
NORTH EAST PROGRESSIVE PIG FARMERS ASSOCIATION
R/O- OPP. LIMCHI BHARAT GAS AGENCY
VILL AND P.O. KETEKIBARI
P.S. TEZPUR
DIST.- SONITPUR
PIN- 784001
ASSA
VERSUS
1:THE UNION OF INDIA AND 2 ORS.
REP. BY THE SECY. TO THE GOVT. OF INDIA, DEPTT. OF ANIMAL
HUSBANDRY AND DAIRYING, MINISTRY OF FISHERIES, ANIMAL
HUSBANDRY AND DAIRYING, GOVT. OF INDIA, KRISHI BHAVAN, NEW
DELHI- 110001
2:UPAMANYU BASU
JOINT SECY. TO THE GOVT. OF INDIA
DEPTT. OF ANIMAL HUSBANDRY AND DAIRYING
MINISTRY OF FISHERIES
ANIMAL HUSBANDRY AND DAIRYING
GOVT. OF INDIA
KRISHI BHAVAN
Page No.# 2/5
NEW DELHI- 110001
3:THE GOVT. OF ASSAM
REP. BY THE PRINCIPAL SECY.
DEPTT. OF ANIMAL HUSBANDRY AND VETERINARY DEPTT.
ASSAM STATE SECRETARIAT
DISPUR
GHY-0
Advocate for the Petitioner : MS. S SARMA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 04-08-2020 Heard Ms. S. Sarma, learned counsel for the petitioners.
2. At the outset it is seen that the respondent no.2 is arrayed by name. As orders were passed by the respondent no.2 in his official capacity, this Court is inclined to direct the learned counsel for the petitioners to strike out the name of Sri Upamanyu Basu as the respondent no.2 and accordingly, the respondent no.2 will be the Joint Secretary to the Government of India, Department of Animal Husbandry and Dairying as contained in the cause-title.
3. Mr. K.K. Parashar, learned CGC appears for the respondents no.1 and 2. Ms. S. Baruah, learned counsel appears on behalf of Mr. S.S. Roy, learned Government Advocate for the respondent no.3.
4. The petitioner no.1 is a registered Society and is represented by its President, the petitioner no.2 is the Secretary of the said Association. The learned counsel for the petitioners has projected that by the office order dated 25.04.2020, direction has been issued by the Animal Husbandry and Veterinary Department, Assam under Memo No.VFV.2018/2020/2, Page No.# 3/5 directing all the Deputy Commissioners of the concerned District/ DVO to stop transportation of pigs, pig feed, personal carrying of pigs with immediate effect in the affected districts of Dhemaji, North Lakhimpur, Biswanath, Dibrugarh, Sivasagar and Jorhat of Assam. Reference has been made to the memo dated 28.05.2020, to project that there is occurrence of African Swine Fever in the Country which required the Government of India to order culling of pigs, distruction of feed and for compensation to pig farmers.
5. The learned counsel for the petitioners has referred to the order No.VFV.218/2020/33 dated 29.05.2020 by the A.H. & Veterinary Department, Government of Assam that based on test result dated 29.04.2020 from the ICAR-National Institute of High Security Animal Disease (NIHSAD), Bhopal and confirmation of African Swine Fever Outbreak in Assam, the State Government had invoked the powers under the Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009 (hereinafter referred to as the "2009 Act") and accordingly, the Government of Assam had declared the Bor-Tamuli-2 Village in Biswanath District, Khelwa, Nitai Pukhuri and Kotiori Villages in Sivasagar District, Bormukali Village in Jorhat district, Gorchuk in Kamrup Metro and Pipalguri Village in Dhemaji district as "Epicenters" of African Swine Fever disease with the view to prevent, control and eradicate the Scheduled disease. As per the provision of Clause-6 of the said Act, restrictions as mentioned here under are applicable with immediate effect in all villages under 1(one) KM radius around the epicenter, designated as "Infected Zone" and in all villages falling under the 10 (ten) KM radii around the epicenter designated as "Surveillance Zone".
6. It is further submitted by the learned counsel for the petitioners that in gross violation and disregard of the various notification issued by the State Government, the respondent no.2 by the impugned order under DO.No.R-99014/9/2020 dated 22.07.2020 had permitted movement of pigs from the States of Haryana and Punjab to the North-Eastern States. It is also submitted that the condition for transportation of pigs appended to the said notification is in disregard to the provision of section 16 to the 2009 Act. It is also submitted that unless the Union of India and the State Government take effective measures of duly vaccinating all the pigs sought to be transported permitting all movement of pigs from the Page No.# 4/5 specified State of Punjab and Haryana to the Northeastern State is violative of 2009 Act.
7. In view of the above, it is also submitted that as the State Government has admitted the presence of African Swine Fever virus in the pigs of Assam and Arunachal Pradesh which is also accepted by the impugned order dated 22.07.2020, it is prayed that the transportation of pigs to the North-Eastern States be completely banned and to set aside and quash the impugned order dated 22.07.2020.
8. Issue notice returnable on 04.09.2020.
9. No formal steps is required to be taken as all the respondents are represented by the learned CGC and State Government. However, requisite extra copies of the writ petition may be furnished to the learned State Counsel in course of the day today.
10. Having regard to the projection made in the writ petition that Sri Atul Bora, Minister of Agriculture, Horticulture and Food Processing, Animal Husbandry & Veterinary Government of Assam dated 23.07.2020 had requested the respondent no.2 to withdraw the impugned notification and on considering the provision of section 6 and 16 of The Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009, it is provided that if the Government of India of the Government of Assam seeks to import or move any pigs from the States of Haryana & Punjab to any of the areas which has been declared a controlled area in respect of import or transportation of pigs, the concerned authorities shall take appropriate measures to comply with the direction of the section 16 of the said Act, inter-alia, of having vaccinated the pigs sought to be transported against the disease of African Swine Fever and the authority shall also ensure that the pigs under transportation would have a certificate of vaccination as provided therein.
11. It is provided that in the event of non-compliance of section 16 of the said 2009 Page No.# 5/5 Act, it would be open to the concerned authorities to restrain the movement of pigs into the specified area declared to be a controlled area in terms of section 6 of the said Act.
12. List the matter on 04.09.2020.
JUDGE Comparing Assistant