Delhi High Court
New Friends Colony Residents vs Union Of India (Uoi) And Ors. on 14 March, 2007
Author: Swatanter Kumar
Bench: Swatanter Kumar, H.R. Malhotra
JUDGMENT Swatanter Kumar, J.
1. This writ petition was filed in the year 2000 wherein the New Friends Colony Residents Welfare Association had approached this Court under Article 226-227 of the Constitution of India praying for issuance of a direction to the concerned authorities and the Government of Delhi to take effective and appropriate steps to deal with the continuing menace of monkeys, stray cattles and dogs and provide them shelter and the road and residential areas of Delhi be kept free from monkeys and other animals. Certain injunctive orders were also prayed. After issuance of notice and hearing the learned Counsel appearing for the respondents, this writ petition was disposed of by a Division Bench of this Court vide its order dated 27.9.2002. After noticing the stand of the public authorities, directions which were very limited in their nature and scope were issued and the Court directed that the concerned Officers shall hold a meeting and devise proper scheme and even take lead from the scheme formulated to tackle the problem of stray dogs. It was primarily for the reasons that the Bench had also noticed that the problem of monkeys were receiving attention of the Apex Court in a Public Interest Litigation and even the limited directions contained in the order were made subject to the directions of the Supreme Court. The Chief Wildlife Warden was directed to initiate proper steps and earmark suitable areas for the translocation of such monkeys and permission for capturing them and transporting them to such areas. Though the Government had held meetings three years' prior to passing of that order, but no steps had been taken. Thereafter, the writ petition was revived when various applications were filed by the petitioner and/or other interested person alleging that no steps were being taken particularly in relation to monkey menace in Delhi. Even an application under Order 1 Rule 10 of the Code of Civil Procedure was filed by the citizens for the welfare and protection of animals and the Court had directed all the persons to bring on record as to what effective measures should be taken to tackle the monkey menace vide its order dated 6.9.2006. Since then various orders were passed by the Court. The Supreme Court vide order dated 10.10.2006 had passed certain directions directing the counsel appearing before the Court to discuss the matter and prepare their suggestions. In that very order, the Apex Court had also directed that nearly 300 monkeys which were in the custody of Govt. of NCT of Delhi be handed over to the Chief Wildlife Warden, Madhya Pradesh. The direction was issued to resolve this problem but the order could not be implemented because of some difficulties and disputes that arose between the Chief Wildlife Warden, Delhi, Madhya Pradesh and the Ministry of Environment and Forests, Government of India. It is even evident from the order of the Supreme Court that the issue could not be resolved. The fact of the matter is that the issue could not be resolved, as is also evident from the order of the Supreme Court. The learned Counsel appearing in the present case had informed us that the Supreme Court vide its order in W.P.(C) No. 440/2000 dated 14.2.2007 had further passed a direction which reads as under:
Heard the counsel for the parties.
Pursuant to the order passed by this Court on 30th April, 2004, 250 monkeys caught by the civil agencies in Delhi, kept in captivity in shelters were ordered to be handed over to the Madhya Pradesh Administration for releasing them in the forest area of the State. As an interim measure, a sum of Rs. 25 lakhs was also ordered to be paid by the Government of India to the State of Madhya Pradesh for meeting the expenses for creating natural habitation for those monkeys. Thereafter, on an application seeking release of 243 monkeys (the number of which had increased to 300) under the custody of NCT of Delhi, this Court passed an order on 10th October 2006 directing that those monkeys be handed over to the Chief Wildlife Warden, Madhya Pradesh.
The State of Madhya Pradesh has now filed an I.A. being I.A. No. 9 of W.P.(C) No. 440 of 2000 stating that the aforementioned monkeys are creating problem and the administration is not in a position to create a better shelter for these monkeys. It is also alleged that these monkeys have trespassed into for the local people and, therefore, the Chief Wildlife Warden, Madhya Pradesh is not in a position to provide shelter to any number of monkeys.
Counsel for the Animal Welfare Board of India (AWBI) submitted that these 300 monkeys which are now in the captivity of NCT of Delhi may be released in Bhati Mines area of Delhi where there is forest growth and these monkeys would find better shelter and natural food. Counsel for the NCT of Delhi submitted that such possibilities have not so far been explored by the administration. We are told that on similar issue the High Court of Delhi has already entertained a public interest litigation being Writ Petition No. 2600 of 2001 and the NCT of Delhi is also a party thereto. NCT of Delhi is hereby directed to seek appropriate directions from the High Court of Delhi in this regard and take a final decision as regards these 300 monkeys are concerned.
So far as the monkey menace in Delhi is concerned, except the above directions, no further order is necessary in this case.
2. Keeping the above facts in mind and dictum of the Supreme Court as contained in the above order, the Court on 10.1.2007 had constituted a special committee consisting of Ms. Sindhushree Khullar, Chairperson, NDMC; Mr. Dinesh Rai, Vice Chairman, DDA; Mr. J.K. Dadoo, Secy., Ministry of Forests, Delhi; Mr. S.K. Aggarwal, CWLW, Delhi and DIG (Wildlife), Ministry of Forests and Environment. The Committee was requested to tackle and suggest steps which could be taken for solving the problem of monkey menace on the roads and colonies of Delhi. They were also asked to inform the Court on the next date as to what steps have been taken by the authorities to comply with the directions issued by the Supreme Court or the High Court during this long period. The Committee was also to consider suggestions or objections if any filed by any person. It took some time when the Court vide its order dated 13.2.2007 realised that certain definite measures ought to be taken by the concerned authorities, failing which the implementation of the directions of the Court, directly relatable to the legal and public obligations of the authorities would not be complied with.
3. It was commonly argued before us and conceded by the authorities that the area at Bhati Mines was more than 100 acres and was adjacent on one side to the Asola Wildlife Sanctuary. This place was found to be most suitable for transportation of monkeys which were caught by the authorities in the city as well as from Rajokri. They would be nearer to the natural environment and have sufficient place. The order dated 13.2.2007 reads as under:
Present: Ms. Meera Bhatia for petitioner.
Mr. J.R. Midha for Govt. of NCT of Delhi.
Ms. Zubeda Begum for Forest Department.
Ms. Madhu Tewatia for MCD.
Ms. Sakie for intervener with Ms. Soniya Ghosh in person.
Mr. H.K. Monga for residents of Village Bhati Mines, Fatehpur Beri.
Mr. Pramod Ahuja for Intervener/Bhawan Sawan Public School.WP (C) No. 2600/2001
The report of the Committee in furtherance to the order of the Court dated 10th January, 2007 has been filed. This report contains short term and long term measures, which requires to be taken for shifting of monkeys from different parts of Delhi to Bhatti Mines where the Govt. has 100 acres of land and a wild life century. It is proposed that monkeys would be shifted to that place and would be fed to the best of the ability and financial limitation of the State.
In order to enforce the recommendations of the Committee and to ensure that this public interest litigation, which is pending for the last nearly 6 years is brought to an end, we issue the following directions with the consent of learned Counsel appearing for various parties and authorities in the Government:
(i) A Sub-Committee under the supervision of the Special Committee constituted by the Court is hereby directed to be constituted. It would have Chief Wild Life Warden, Govt. of NCT of Delhi, an officer of the rank of Director (Enforcement) from MCD and NDMC each, an officer of the Joint Director from DDA and Ms. Soniya Ghosh, a member of NGO.
This Committee shall inspect Bhatti Mines before the next date of hearing and earmark the centre of the forest area where the monkeys, which are deported from the city of Delhi to Bhatti Mines, are to be left.
(ii) The Committee should ensure that a clear passage to that central area is made from the main road.
(iii) The outer area of the said forest entry shall either be blocked by a canal or a wall, which the monkeys cannot jump and come back to the colonies situated in various parts of Delhi.
(iv) It has been agreed before us that Govt. of NCT of Delhi has provided a budgetary sanction for completion of the project as spelled out by the Special Committee, particularly in relation to short term recommendations. The Govt. of NCT of Delhi has agreed to initially provide four cages, which will be gradually increased later on. The cages will be placed at all main points at Delhi where the monkeys are found in larger number. The cages shall be carried in the trucks, which are to be provided by NDMC and MCD. We further direct that this enforcement committee shall ensure compliance of all the directions, which are stated in our order dated 10th January, 2007.
(v) The monkeys, which are to be shifted to Bhatti Mines, shall be subjected to medical examination as far as possible so that they do not suffer from any communicable disease, which will prove injurious to the healthy monkeys.
(vi) The Committee shall examine and preferably avoid sterilization of monkeys unless and until it is considered to be essential in some percentage of the monkeys and if it is done, it shall be done with due medical equipments. The Committee shall ensure that animal does not suffer from any disease resulting from performance of such surgery.
(vii) The monkeys, which are kept in temporary capacity at Rajokari are stated to be suffering from multiple diseases. Some photographs have been filed by the NGO on record. We are also informed that there is an order of the High Court directing to provide medical aid to the monkeys and to ensure that they are shifted only when they are medically better and in a position to be shifted in a forest.
(viii) Capturing and shifting process of the monkeys shall be done in a most humane manner and it will be ensured that no unnecessary injuries would be caused to them in the process of shifting.
Let these directions be complied with forthwith and the enforcement committee shall file its report before the next date. All departments of the Government are directed to fully cooperate with each other in order to ensure full compliance of above directions.
List on 20th February, 2007.
A copy of the order be given dusty to counsel appearing for Govt. of NCT of Delhi under signatures of Court Master.
4. During the hearing of the case, it was also brought to the notice of the court that a large number of monkeys who have been confined at Rajokri are seriously ill and need medical care. It was also stated that if the monkeys from the city as well as from Rajokri which are healthy, are shifted along with the monkeys suffering from serious diseases, particularly Tuberculosis, which was communicable, it will play a health hazard for the healthy monkeys and would not be in the interest of even the general environment.
5. As is clear from the above order a Sub Committee (Enforcement Committee) was constituted which was to enforce the orders of the Court as well as the decisions taken by the Special Committee. The purpose of constituting this Enforcement Committee was to ensure effective implementation at the ground level. Steps taken by this Committee did resolve the problem to some extent and at least, substantially marked the taking of effective steps for completion of the project and to put an end to the persisting monkey menace and its allied problems in Delhi. The authorities had shown concern over the adverse effect of this menace on the day-to-day living of the persons in those areas as well as the traffic hazards. On the suggestions made, particularly by the Enforcement Committee and the NGOs involved in the welfare of the animals, certain further directions were issued by the Court vide its order dated 1.3.2007 and the same reads as under:
Present: Ms.Meera Bhatia with Ms.Pooja Aganpal for the petitioner.
Mr. Kanchan Singh for applicant/respondent Mr. Sanjeev Puri with Mr. Rajesh for Intervenor Mr. J.M. Sabharwal, Sr. Adv. with Mr. S.K. Sabharwal and Mr. R.K. Jha for DDA Ms. Zubeda Begum for Forest Deptt.
Ms. Madhu Tewatia for MCD Mr. Sanjeev Puri with Mr. Pramod Ahuja for Intervenor/Sawan Public School WP(C) 2600/2001 We have heard at some length the learned Counsel appearing for different public authorities, NCT of Delhi, counsel appearing for, the intervenors, the petitioner as well as the society - Citizens for Welfare and Protection of Animals.
At the outset, we may refer that vide our order dated 13.2.2007, we had issued certain directions but regret to note that no steps have been taken by any authority in furtherance thereto. The learned Counsel appearing for the State authorities submit that they will ensure compliance of the directions and the case may be listed for tomorrow. We find the request to be reasonable.
Before we direct listing of this case for tomorrow, we consider it necessary to issue clarificatory directions so as to put the matter beyond the ambit of doubt or confusion.
One of the grievance raised by the intervenors is that the monkeys should be shifted in a humane manner, they should be medically examined and due facility should be provided for their existence at the shifted sites. It is also contended that since the monkeys can swim, providing of a canal may not be a very safe method to stop their entry into the localities of the town or even the schools etc. which are near to the sites in question.
It is also contended before us that despite previous directions, the authorities have failed to medically examine the monkeys and in fact the monkeys who are very sick, are not even being looked after by the concerned authorities. It is conceded that two big cages have been provided to NDMC and MCD each and they have already been placed at the proper locations. To make the directions unambiguous, we direct that the Secretary and Director (Animal Husbandry), Govt. of NCT of Delhi shall hold a meeting today and take all necessary decisions for compliance of the directions of the court.
The wall which is to be erected at the outer area of the sites where the monkeys are to be shifted shall be constructed forthwith beginning from the area which is quite close to the localities, schools etc. The wall, as already directed, shall be of 15 feet which will have glass pieces on its upper area of at least 9 inches to one feet.
The big cages have already been received by the two authorities responsible for maintaining the areas in New Delhi and Delhi who shall place these cages at the appropriate sites by today evening.
One of the cages shall be placed near the Army Headquarters as unanimously suggested by the learned Counsel appearing for the various parties before us.
The Director (Animal Husbandry), NCT of Delhi as well as the Doctors, in charge of NDMC and MCD for animal health care and etc. shall depute teams by today evening to examine the health of the monkeys who have already been caught and are being kept either in the cages or at Rajokari sheds. This process shall continue without break and default till the monkeys are shifted to the new sites in accordance with the earlier directions of the court.
As the Expert Committee and the Government submit that it will be useful to reduce the size of the cages to make transportation/shifting of the monkeys more convenient and easier for the concerned authorities, we allow that they could reduce the size of the cages in consultation with the Committee appointed by this Court but it shall be ensured that the cages are not of such a small size which would make shifting of the monkeys in an inhumane manner and/or against the relevant rules governing the field. The size of the cages may be reduced for the purpose of transportation only as desired by the NDMC/MCD.
For the monkeys which are going to be shifted immediately, the authorities concerned shall ensure that they are provided with the necessary food in the shifted area so as to prevent their escaping to the habited areas.
It is stated on behalf of various authorities as well as the intervenors etc. that one Mr. Rajat Bhatnagar from Mumbai is an expert in catching of monkeys. We leave it to the Committee and the Government to consider if they need to take his assistance or request him to participate in the compliance of the directions of the court. But we make it clear that the decision on his services to be engaged or not would, in no way, hamper or delay in compliance of any of the directions issued by the court.
In order to effectively implement, the directions of the court which have been issued in the larger public interest as well as for shifting of monkeys to the new sites in a humane manner, it is necessary for the court to pass an injunctive order in rem. We hereby direct that no person shall feed the monkeys or give food to them in public areas more particularly, around the western command, Rashtrapati Bhawan, Connaught Place, Central Secretariat and around, Qutub Area and other habited places wherever the monkeys are present in large number as of today. The MCD/NDMC is entitled to challan such persons for creating public nuisance and can impose fine in accordance with the provisions of the MCD Act/NDMC Act or any other law empowering them to act in this regard. Fine, so imposed, shall be utilised for completion this project and complete development of the proposed site by the respective authorities.
As prayed by the learned Counsel appearing for the parties, we list the case for hearing on 2.3.2007 and the same shall be listed at 10.30 a.m. as first case on the Board.
Copy of the order be given dusty under the signature of the Court Master."
6. We must record with appreciation that serious efforts were put in by all concerned to formulate the general policy and to give a practical shape to the entire project in this regard. They reported back to the court on the next date itself i.e. 2.3.2007 and after noticing their suggestions, the Court passed the following directions:
Present: Ms. Meera Bhatia with Ms. Pooja Aganpal, Advocates,for the petitioner.
Mr. Kanchan Singh, Advocate, for applicant/respondent.
Mr. J.R. Midha, Standing Counsel, with Mr.Maneesh K. Shukla, Advocate, for the Govt. of NCT of Delhi.
Mr. J.M. Sabharwal, Sr. Advocate, with Mr.S.K. Sabharwal and Mr. R.K. Jha, Advocates, for the DDA.
Mr. Sanjeev Puri with Mr. Pramod Ahuja, Advocates, for Bhawan Sawan Public School, Intervener.
Ms. Zubeda Begum, Advocate, for the Forest Deptt.
Ms. Madhu Tewatia with Ms. Sidhi Arora, Advocates, for the MCD.
Mr. S.K. Aggarwal, for CWLW/GNCT of Delhi.
Mr. Arvind Sah, Advocate, for the NDMC.
Mr. MCT Pareva, Chief Engineer, I & FC.
Mr. G.P. Sharma, Chief Engineer, for NDMC.
Mr. M.M. Dass, Chief Engineer for MCD.W.P.(C) No. 2600/2001
We have heard the learned Counsel appearing for the petitioner, applicant and the different authorities at some length. In furtherance to our earlier directions issued vide orders dated 13.2.2007 and 1.3.2007, we issue the following directions:
1. The monkeys who are presently in the Rajokri sheds will be shifted to Bhatti mines. These monkeys would first be shifted in the Bhati Mines towards the Asola Sanctuary rather than towards a habited place. A group of about 100 monkeys who have been/will be captured through the various cages installed in the NDMC and the MCD areas will also be shifted to the site.
2. The wildlife officers, Chief Engineers of the concerned Departments and the NGOs would conduct regular inspection of the sites and the progress of these rehabilitated monkeys in the Bhatti Mines will be submitted in the Court on the next date.
3. A wall will be raised at the boundary of the Bhatti Mines wherever there is habitation and particularly in the vicinity of schools. The level of the said wall would especially be raised in the areas having proximity to the schools and colonies. At the first instance, the wall shall be raised only at the places where the schools are located at a very close distances to the boundary walls of Bhatti Mines.
The learned Counsel appearing for the Government states that they would need some time to inspect the area and to plan out and mark the places where the wall needs to be raised. They submit that one side boundary of the Bhatti Mines is adjacent to Asola Wildlife Sanctuary and there may be no need to put any boundary wall there, at least at this stage. In fact, according to them, this will facilitate the monkeys to venture into the Sanctuary where animals are already in existence as of today. We find this request as reasonable and order that in the first phase they may not raise the wall on that side. The wall in other areas surrounding the Bhatti Mines, except the portion which faces the Asola Wildlife Sanctuary, will be raised/erected within one month from today and after inviting tenders. The Chief Engineer, Govt. of NCT of Delhi is present. He and the other officers assisting him, as present in the Court, would be at liberty to decide as to which is the cheapest and safest mode for erection of the boundary wall. They can also use steel sheets for raising such walls as it would prevent the rehabilitated monkeys from climbing the walls and escaping.
4. It will be obligatory upon the Government of NCT of Delhi to provide food and water to these rehabilitated monkeys. It would be ensured that the water which is provided to these monkeys is of portable quality and fit for consumption. As regards the food, the same may also be collected from the different Food Collection Centres which, as instructed by the Court, would be established at different temples and places where people offer food to these monkeys. Government would ensure that these food items are collected from such places and transported to the relocated places. The Department of Environment as well as the Engineering Departments of the NDMC and MCD shall be responsible for creating of Monkey Food Collection Centres and it will be their responsibility to transport the same to Bhatti Mines under the supervision of the Committee appointed by the Court. In any case, the collection of the food may be on few days of a week. But principally it would be the obligation of the Delhi Administration and the Chief Wildlife Officer to ensure that the food is provided to the monkeys who are shifted to the Bhatti Mines.
5. It has been submitted by the learned Counsel appearing for the petitioner that some of the monkeys at Rajokri sheds are seriously sick and are stated to be suffering from tuberculosis and various skin diseases. It is directed that if any of the monkeys at Rajokri sheds are sick or appear to be seriously ill, then they will not be shifted to Bhatti Mines along with the healthy monkeys.
6. It will be obligatory upon the Chief Engineers of NDMC and MCD to visit these cages and conduct regular inspection of these monkeys.
The Committee shall visit the site after the monkeys have been shifted and shall submit a report to the Court.
Renotify on 08.03.2007.
Copy of the order be given dusty under the signatures of the Court Master today itself."
7. Having seriously cogitated over the various issues involved in the present case, after hearing the learned Counsel appearing for the various public authorities, NGOs and the different Departments of the Govt. of NCT of Delhi, we closed the hearing of this case and reserved it for orders. From the effective steps taken by the authorities concerned, particularly to the effect that they have started making/raising the height of the wall in the areas which were very close to the schools or population in the vicinity of the villages which are near to the Bhati Mines and that they have already shifted nearly 100 monkeys in the mines where there is a pit 100 feet deep, natural and artificially created with water and proper system of transportation, we felt that the public authorities have taken the problem with great sense of responsibility and have made definite progress and have found practical solution to this menace. The authorities have apparently settled their minds and have formulated a scheme to shift the entire monkeys to Bhati Mines leaving ample scope for them to go to the Asola Wildlife Sanctuary to be in nature. Thus, no fruitful purpose would be served by keeping this petition pending any longer before the Court, and in our opinion it would be appropriate to issue further final directions, which are as under, while disposing of the petition at this stage itself:
(a) The directions contained hereinafter shall be read in conjunction with the directions contained in the earlier orders passed by the Court and these directions would be read in supersession to the earlier directions wherever there is variation.
(b) We give specific liberty to any party to the writ petition or any body effectively involved with the welfare of the animals and any counsel appearing in this case or member of the Committee, to revive this petition seeking such further directions as may be necessary and also in the event if the project is not timely completed and directions given by the Court are not strictly adhered to by the authorities concerned.
(c) The Committee has already started shifting/transportation of monkeys from various locations in Delhi city to the location at Bhati Mines. This process of shifting/transporting should positively be complied with by all the concerned authorities under the direct supervision of the Enforcement-Committee/Sub-Committee within two months from today. We make it clear that all authorities, its officers concerned in this project would not be entitled to any extension thereafter.
(d) We are informed that cages have already been stationed at the appropriate places and the food is being provided by the State Government as suggested by the Committee.
(e)We are also informed by the Members of the Enforcement Committee as well as the concerned Departments that the implementation of the direction in regard to erection/raising the height of the boundary walls in terms of the previous order has already been commenced and as per opinion of the experts, iron frames with fabric sheets is being used, at least at the points or the areas which are close to the vicinity of the schools/villages and rest of the wall, wherever in the opinion of the Committee, the height requires to be increased or wall to be constructed, the same shall be done in accordance with the Rules, at the earliest and in consultation with the Engineering Department.
(f) The Food Collection Centres for monkeys have already been stationed and the food shall be collected and taken to Bhati Mines, particularly to the areas adjacent to Asola Wildlife Sanctuary where the monkeys are to be placed. Wherever and whenever the food collected from the Collection Centres is found to be less or inadequate, the deficiency thereof shall be made good by the administration, out of the funds sanctioned by the competent authority in this behalf. On the days when there is no collection, it shall be obligatory upon the authorities and the Enforcement/Sub Committee to ensure that food is provided to the monkeys in that area to prevent their escaping to the habited areas of the city.
(g) Clean water shall be made available to the monkeys at all relevant times.
(h) The Sub Committee (Enforcement Committee) already constituted, shall oversee the completion of the project and to begin with, shall conduct weekly inspection at the Bhati Mines. Monthly inspection report shall be filed in this Court by these Committees through the Registrar (Judicial) which shall be brought to the notice of the Bench on the Administrative Side.
(i) It has been brought to our notice that the Government has already publicised warnings for general public, not to feed the monkeys in public places or in any other place except the location in Bhati Mines where the monkeys are being shifted and to take penal action against the defaulters in accordance with law. The said directions shall continue and the authorities would be free to act in accordance with law against the defaulters.
(j) During the hearing and even on previous occasions, serious concern was shown by different organisations involved in the present case about the health of the monkeys which are being shifted to Bhati Mines. Some photographs were placed on record and it was vehemently argued that there are seriously sick animals in Rajokri who are being shifted without any treatment and they suffer from infectious diseases. This was also brought to the notice of the Court that the monkeys who are to be shifted from the city to Bhati Mines should be examined by veterinary doctors. Despite the directions contained in the order dated 13.2.2007, 1.3.2007 and 2.3.2007, this problem has not been resolved so far. It was argued that the veterinary doctors available with the administration are not trained to treat monkeys and in any case adequate number of veterinary doctors have not been deputed.
A special Task Force of veterinary doctors shall be constituted by the NCT, Government of Delhi, which will involve veterinary doctors of MCD, NDMC and Directorate of Animal Husbandry, Delhi Administration. This team shall work in direct coordination with the Enforcement Committee and would examine the monkeys which are to be shifted to Bhati Mines. This will equally apply to the monkeys which are being shifted from Rajokri where number of monkeys are already kept. All the sick monkeys and more particularly the one suffering from infectious diseases would be kept at Rajokri till the time they recover from the disease and there is no further apprehension of their spreading the disease to the healthy monkeys and even affecting the environment around them. Dr. P.K. Yadav, Senior Veterinary Officer of All India Institute of Medical Sciences (AIIMS) is stated to be an expert in regard to treatment of monkeys. The veterinary doctors of the team so constituted thus, shall take guidance and work under the supervision of Dr. P.K. Yadav.
(k) Some of the NGOs and even the Government Officers including Ms. Uma Menon stated before the Court that in the final directions, specific orders should be given for sterilization of monkeys who are being shifted to Bhati Mines. There were divergent opinions on this aspect. This is a matter which is better left to the decision of the expert, and competent persons in the Government, who should take final decisions in this regard in consultation with the bodies involved in the welfare of the animals. Patently, the Court cannot be a party to wiping out the generation of monkeys. That is why vide our order dated 13.2.2007, we had left the matter to the discretion of the Committee and it was for them to examine whether the sterilization would be necessary and if so what will be its extent. The Committee expressed an opinion that to begin with, very few monkeys should be sterilized, i.e. not exceeding 25% and its effect should be watched at least for a month or so, and then the Committee should be given liberty to take a final decision in that regard.
In view of the above, we thus, issue a direction that the sterilization of monkeys will not be effected in excess of 25% of the healthy monkeys shifted to Bhati Mines. This shall be done only on healthy monkeys and by taking all due medical care and by use of proper equipments while ensuring that they do not suffer from any infection or medical complication as a result of the sterilization. Based upon their experience and after inspection of the sterilized monkeys within a period of 1 1/2 months from today, the Committee shall take a final view in this regard, but subject to approval of the Special Committee constituted under the orders of the Court.
(l) Every effort should be made by the State to keep the areas clean and hygenic, particularly Rajokri, where the monkeys (sick as well as healthy) are being kept. Care should also be taken that hygiene is also maintained at Bhati Mines and removal of garbage at regular intervals should be done from that place.
(m) We had been informed that the funds have been provided and earmarked for this project by the competent authorities. We do hope that the NCT, Government of Delhi; Municipal Corporation of Delhi (MCD) and the New Delhi Municipal Corporation (NDMC) shall make provisions for expenditure in their annual budget to effectively carry out this project and maintain it well in times to come in the larger interest of the public and animal welfare. Earmarking of the funds would obviously be subject to the limitations of the State in relation to quantum of funds.
(n) The special Committee as well as the enforcement committee shall perform their duties and discharge the obligations enjoined upon them by virtue of the orders of the court. All policy and supervisory functions shall be performed by the special committee while their implementation and enforcement shall be the duty of the enforcement committee.
(o) We would further direct that all authorities would fully cooperate with the committees to ensure compliance to the orders of the court. We make it clear that any default or violation of the orders of the court shall be viewed seriously and the defaulting persons whether members of the committees or otherwise, shall be liable to be proceeded against in accordance with law including the provisions of the Contempt of Court Act read with Article 215 of the Constitution of India.
(p) We further direct that the Committee shall, in coordination with the Department of Horticulture, Govt. of NCT of Delhi, MCD and NDMC, ensure that plants/trees of the nature which can provide food and grow at a faster rate so as to provide the monkeys possibility of jumping and playing are planted expeditiously in large number firstly at the area near to Asola Wild Life Sanctuary.
8. The above appears to us as the only proper course of action to ensure human safety from monkey menace without hurting the welfare of the animals. They are being shifted to a much natural and cleaner environment. The initiative taken by the various Departments and NGOs sufficiently indicates the desire to complete this project as expeditiously as possible. The shifting of the monkeys from the city should positively commence within this week. We not only hope but have no doubt in our minds that the Special Committee as well as the Enforcement Committee would act with all sincerity and discharge their obligations under law and in terms of this judgment, within the stipulated periods. We express a pious hope that Delhi City would be free of monkey menace within a period of 3 months from the date of pronouncement of this order.
9. Before parting with this case, the Court would express its appreciation for the work put in by all concerned Advocates, Officers of the different authorities, NGOs and even the volunteers who have helped in providing the Court with requisite information and data in finally disposing of this petition.
10. Accordingly, the Writ Petition is disposed of with the above directions.