Jammu & Kashmir High Court - Srinagar Bench
Advocate A. R. Hanjura And Ors. vs . State And Ors. on 1 May, 2019
Bench: Ali Mohammad Magrey, Tashi Rabstan
Serial No. 04
Regular
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
PIL No. 361/2011
IA No. 01/2011
C/w
PIL No. 12/2018
Date of order:- 01.05.2019
Advocate A. R. Hanjura and Ors. Vs. State and Ors.
Coram:
Hon'ble Mr Justice Ali Mohammad Magrey, Judge
Hon'ble Mr Justice Tashi Rabstan, Judge
Appearance:
For the Petitioner(s) : Mr. Mian Tufail, Advocate
For the Respondent(s) : Mr. T. M. Shamsi, ASGI
Mr. Shah Aamir, AAG Mr. Mooin Khan, Advocate
1. In terms of order passed by this Court on 16.04.2018, Srinagar Municipal Corporation, was asked to file status about the four aspects raised in paragraphs 1 to 4 of the said order. Paragraphs 1 to 4 being relevant are taken note of:-
" 1) The three aspects as were focused in the status report dated 3rd March, 2018 stand taken note of in the order dated 5th March, 2018.
The first aspect relates to the awareness relatable to dog bites and anti-rabies management. In addition to what has been stated in the status report, awareness was sought to be created through social media sites, such as, Facebook and WhatsApp groups. In this behalf latest status has not been filed, same be filed by or before next date.
2) The second aspect pertains to animal birth control and setting up of anti-rabies centers. In addition to two centers, third center at Tengpora was stated to be set up within 9 to 10 months so that target of 100% i.e. stray dogs would be inoculated against rabies. In this behalf latest status be filed by or before next date.
3) The third aspect pertains to curtailment of energy rich garbage availability to stray dogs for which various measures had been undertaken and were proposed to be continued but latest status has not been filed in this behalf, same be filed by or before next date.
4) The Municipal Corporation will also file a latest status about financial logistic support from the Housing and Urban Development Department so that the action plan formulated by the Srinagar Municipal Corporation for controlling stray dog menace in the State is achieved."
2. Mr. Moomin Khan, learned appearing counsel for the Municipal Corporation, has filed status report in terms of order dated 16.04.2018, detailing out steps for implementation of the directions about awareness campaign through social media sites, such as, Facebook and WhatsApp groups. In the status report, it is submitted that the awareness shall be continued by respondent Corporation till controlling of stray dog menace in the State is achieved. The Corporation further reported about the progress of construction of ABC-AR Centre at Tengpora and undertaken to complete the construction within the shortest possible time. The Corporation has subsequent thereto filed status report, reporting progress of the construction.
3. Perusal of the progress reports filed by the Srinagar Municipal Corporation, from time to time till date reveals that some progress has been shown with reference to implementation of the directions, be it awareness or making available independent ABC-AR facility in and around the city of Srinagar, but there is no implementation in the city with reference to sanitation and curbing down the menace of stray dogs by reducing curtailment of energy rich garbage availability to stray dogs.
4. Learned counsel for the petitioner submits that the garbage is dumped in and around various Schools, Hospitals, Hotels and Centre points of city, which is root cause for increasing the menace of stray dogs. Though the Srinagar Municipal Corporation has in the status report filed from time to time till date stated that the steps have been taken with reference to curbing down the menace of stray dogs by reducing curtailment of energy rich garbage availability to stray dogs, but still more is required to be done for ensuring prompt action.
5. In that background, we direct the Commissioner, Srinagar Municipal Corporation to take effective steps for improving city sanitation and curbing down the menace of stray dogs by reducing the availability of energy rich garbage to stray dogs and they shall put more Hopper Vehicles in action in more shifts, so that there is some progress shown with reference to the said issue. Needful shall be done within four weeks. They shall update the status with reference to other directions.
6. Director, Health Services, Kashmir, has filed status/compliance in terms of order dated 25.02.2019, perusal whereof reveals that anti-rabies are being procured from the J&K Medical Supplies Corporation Limited and on collection same is supplied to the department, through District/Block Stores level and subsequently provided to the needy people at Block Headquarters (viz Sub District Hospitals and other Primary Health Centers). It is stated that in the event of non-availability of such medicines in the respective stores, the same are being purchased locally by the respective Block Medical Officers to cater the need and the requirement.
7. We are satisfied with the compliance filed by the Director, Health Services, Kashmir, and appreciate endeavour on behalf of the Director, the reported progress shall be carried forward in future also.
8. We also perused the status report filed by the Director SKIMS, perusal whereof reveals that the anti-rabies vaccines are available in the Institute details whereof are given in paragraph 02 of the status report. We are satisfied with the compliance filed by the Director and hope that the needful shall be done in future also.
9. List on 29.05.2019.
10. Copy of the order be provided to Mr. Moomin Khan, learned appearing counsel for the Corporation for compliance.
PIL No. 12/2018None for petitioner Mr. B. A. Dar, Sr. AAG vice Ms. Asifa Padroo, AAG for respondents.
Reply/response within three weeks.
List as above.
(Tashi Rabstan) (Ali Mohammad Magrey)
Judge Judge
Srinagar
01.05.2019
Mohammad Yasin Dar