Punjab-Haryana High Court
Gurmukh Singh vs Ut Of Chandigarh And Others on 28 April, 2015
Bench: Satish Kumar Mittal, Harinder Singh Sidhu
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 7849 of 2014 (O&M)
Date of Decision:-28.04.2015
Gurmukh Singh
.....Petitioner
Versus
Union Territory of Chandigarh and others
.....Respondents
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL.
HON'BLE MR. JUSTICE HARINDER SINGH SIDHU.
Present:- Mr. Kunal Mulwani, Advocate
for the petitioner.
Mr. Rupinder Khosla, Sr. Advocate with
Mr. Aman Sharma, Advocate.
Mr. Sanjiv Sharma, Sr. Advocate with
Mr. Shekhar Verma, Advocate
for respondents No. 1 to 3.
Ms. Deepali Puri, Advocate
for Municipal Corporation.
Mr. K.K. Gupta, Addl. AG Punjab.
Mr. Ravi Kamal Gupta, Advocate (Amicus-curiae)
Mr. Sandeep Moudgil, Addl.AG Haryana.
****
SATISH KUMAR MITTAL, J.(Oral)
In CWP No. 9902 of 2012 decided on 31.10.2012, this Court had directed the respondents to frame a comprehensive scheme within a period of two months to effectively control the menace of stray dogs bites. In pursuance of the said order, the Chandigarh Administration has notified a Comprehensive Scheme for the REEMA SAINI Management of Stray Dogs in the Union Territory of Chandigarh by the 2015.05.06 10:53 I attest to the accuracy and authenticity of this document High Court, Chandigarh CWP No. 7849 of 2014 -2- Municipal Corporation. The said scheme was notified in the year 2013. After that the instant petition has been filed for directing the respondents to comply with their duties bestowed upon them by the Municipal Corporation Act, 1994 and to create dog pounds/shelter houses and also constitute a separate team having Veterinary Surgeons/Doctors for the proper management of these dogs-pounds. In the entire petition nothing was mentioned about the earlier directions as well as framing of the scheme.
In the affidavit of Dr. P.S. Bhatti, Medical Officer Health, Municipal Corporation,Chandigarh, which was filed in response to the aforesaid writ petition it was stated that a Comprehensive Scheme for Management of Stray Dogs in the Union Territory, has been formulated in terms of the direction issued by this Court and that the respondents are taking all the steps in terms of the said scheme. Vide order dated 23.12.2014 learned Single Judge, had constituted a Committee Consisting of a Retired Judge of this Court, Retired IAS Officer and a Journalist. The said Committee was constituted to ensure that the scheme floated by the Municipal Corporation in 2013 be implemented effectively. The said Committee was requested to submit its initial report within six weeks from the date of order.
In pursuance of the said direction, the committee has submitted interim report which has been placed on record by Sh. Ravi Kamal Gupta, (Amicus-curiae). In the interim report the Committee has suggested some steps which need to be taken by the REEMA SAINI 2015.05.06 10:53 I attest to the accuracy and authenticity of this document High Court, Chandigarh CWP No. 7849 of 2014 -3- Municipal Corporation Chandigarh. We have heard learned counsel for the parties. None of them have objected to the scheme but only stressed that the scheme needs to be effectively implemented for it to yield desired results.
Accordingly, we dispose of this petition with direction to the Chandigarh Administration, and Municipal Corporation Chandigarh to implement the aforesaid scheme in its letter and spirit and also take all necessary steps as suggested by the Committee in its report to control menace of the stray dog bites. It is made clear that it will be the responsibility of the Chandigarh Administration as well as the Municipal Corporation to ensure that the scheme is implemented in its letter and spirit. Any laxity in this regard will be seriously viewed by this Court.
( SATISH KUMAR MITTAL)
JUDGE
28.04.2015 (HARINDER SINGH SIDHU)
reema JUDGE
REEMA SAINI
2015.05.06 10:53
I attest to the accuracy and
authenticity of this document
High Court, Chandigarh