16.3. It is a trite law that a citizen cannot be
rendered remediless if a statute does not provide a
remedy against infringement of his right. The
controversy becomes maintainable before this Court in
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such a situation under Article 226 of the Constitution
of India as "the Constitution of India is not a
statute, but a fountainhead of all statutes". The
Apex Court in the case of COMMON CAUSE V.
UNION OF INDIA reported in (1999) 6 SCC 667,
has held as follows:
2. The matter has been dealt with earlier by this Tribunal and
directions have been issued from time to time with a view to enforce
the statutory mandate under the Water (Prevention and Control of
Pollution) Act, 1974, the Air (Prevention and Control of Pollution)
Act, 1981 and the Environment (Protection) Act, 1986 for
1
compliance of environmental norms. Against the order of the
Tribunal dated 08.07.2019, to which reference will be made in the
later part of this order, Civil Appeal No. 7285/2019 filed by the
SDMC was dismissed by the Hon'ble Supreme Court. As earlier
noted, the issue was also dealt with by the Delhi High Court in
Common Cause v. UOI, (2007 SCC Online (Del) 863), wherein
Municipal Corporation of Delhi was directed to formulate a licensing
policy under Section 417 of the Delhi Municipal Corporation Act,
1957. While issuing such direction, the High Court noticed
unsatisfactory state of affairs. The High Court observed that the
dairies need to be relocated on account of hazard of stray cattle on
the roads and trauma faced by the cattle in the cities on account of
traffic. Reference was also made to the filth, squalor and outbreak
of diseases. As a short-term measure, preventive steps were
required for hygiene and protection of environment. Our attention
has been drawn to a policy framed by the MCD on 17.07.2010
prohibiting keeping of cattle in any premises without license.