Sumita Kapil vs Union Of India And Ors
2020 Latest Caselaw 631 Del

$~32
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
                                     Date of decision: 30th January, 2020

+      W.P.(C) 7573/2017
       SUMITA KAPIL                                     ..... Petitioner
                       Through:     Mr. Akshay Sharma for
                                    Ms. Sumita Kapil, Adv.(petitioner in
                                    person)

                       versus

       UNION OF INDIA AND ORS                      ..... Respondents
                     Through: Mr. Vivek Goyal, Central Govt.
                              Standing Counsel for R-1/UOI
                              Mr. Dhanesh Relan, Standing
                              Counsel-Delhi Development
                              Authority with Ms. Gauri Chaturvedi
                              and Mr. Paritosh, Advs.
                              Ms. Ruchi Jain, Adv. for R-South
                              Delhi Municipal Corporation
                              Mr. Kushal Kumar for Ms. Monika
                              Arora, Adv. for R-North Delhi
                              Municipal Corporation
                              Mr. Satyakam, Addl.Standing
                              Counsel-GNCTD/R-5
       CORAM:
       HON'BLE THE CHIEF JUSTICE
       HON'BLE MR. JUSTICE C.HARI SHANKAR

                       ORDER

% 30.01.2020

D.N. PATEL, CHIEF JUSTICE (ORAL)

W.P.(C) 7573/2017

1. This so-called Public Interest Litigation has been preferred with the following prayers:

"a. Issue writ /directions to respondents 1 & 4 to protect the petitioner from the stray dogs and pigs. b. Issue directions to respondents 1, 2, 3 & 4 to provide shelters to the Dogs /Pigs and not let them be subjected to diseases/beatings/death on streets and parks and further establish Dog adoption centers with the help of NGOs. c. Issue writ /direction to Respondents 2 & 3 to provide perfect environment to the petitioner and further assist the respondent 1& 4 to collect the dogs and Pigs from the Deer Park and surrounding Areas to protective Shelters. d. Issue writ /direction to restrain Respondents 2&3 from cutting of trees/ prevent cutting of trees and further direct respondent no. 3 to post Guards at all entry and exit points of Deer park.

e. Any other order (s)/direction(s) as this Hon'ble Court may deem fit and proper be also passed in favour of the petitioner."

2. Having heard learned counsel for the respondents and looking to their counter affidavits/status reports filed by the respondents, it appears that as per Delhi Development Authority-respondent no.3, a detailed counter affidavit has been filed and it has been mentioned in paragraph nos. 2, 3 and 4 as under:

"2. At the outset it is submitted that each and every allegation and averments against the answering respondent is

false and denied, unless specifically admitted by the answering respondent.

3. That the present matter pertains to protect the petitioner from stray dogs, cows and pigs and further direct the respondents to provide shelter to dogs/pigs and not let them be subjected to diseases/beatings/death on streets and parks and also to provide perfect environment to the petitioner and further assist respondent No. 1 to 4 to gather dogs and pigs from the Deer Park and surrounding areas to protective shelters and further direction to establish dog adoption centres with the help of NGOs and also restrain from cutting down of trees/prevent cutting down of trees and further direct respondent No. 3 to post guards at all entry and exit points of deer park specially in the deer park and Green Park Extension Area."

3. From the aforesaid affidavit, it appears that a joint inspection was carried out of the Deer Park situated at South Delhi. Looking at the steps taken by the respondents, it appears that it cannot be said that Delhi Development Authority is dormant for the grievances ventilated in this petition. On the contrary, several positive steps have been taken by respondent no.3.

4. Similarly, having heard learned counsel for the South Delhi Municipal Corporation and looking to the status report filed by the South Delhi Municipal Corporation, paragraph 3 thereof reads as under:

"DETAILS OF DOGS STERILIZED IN VARIOUS ZONES IN SOUTH DELHI MUNICIPAL CORPORATION (01.01.2018-31.01.2018)

S. NGO Name of the Zones No.

South Central West Najaf Total Zone Zone Zone garh Zone

1. Freindicoes- 0 0 911 0 911 SECA, Tilangpur Kotla

2. Freindicoes - 0 216 0 0 216 SECA, Ghazipur

3. Freindicoes - 183 31 0 646 860 SECA, Bijwasan

4. Animal India 0 554 0 0 554 Trust, Lajpat Nagar

5. Animal India 558 0 0 0 558 Trust, Masoodpur

6. Sonadi 13 0 232 228 473 Charitable Trust, Sainik Enclave Najafgarh

7. Sonadi 0 0 270 142 412 Charitable Trust, Nangli

8. Pet Animal 301 0 0 0 301 Welfare Society, Masoodpur

9. Jeevasharam 13 0 0 67 80 Foundation, Rajokri

10. Sanjay 0 0 88 0 88 Gandhi Animal Care Centre, Raja Garden

11. Krishna 30 0 0 0 30 Ashram, Satbari

12. Dr. Brijesh, 0 0 0 494 494 Mundhela Centre Grand 1098 801 1501 1577 4977 Total

5. In view of the aforesaid status report, sterilization of 4977 dogs by different NGOs has already been done. Moreover, it is submitted by the learned counsel for the South Delhi Municipal Corporation that this is a continuous process.

6. Similarly, having heard learned counsel for North Delhi Municipal Corporation and looking to their status report dated 16th August, 2018 presented before this court, specially paragraphs 2 and 3 which read as under:

"(i) FRIENDICOES-SECA, which has centres in Defence Colony, Ghazipur and Tilangpur Kotia

(ii) Sanjay Gandhi Animal Care Centre, Raja Garden, New Delhi

(iii) Krishna Ashram, Kharak Village, Near Satbari

(iv) World Without Suffering Society working at North DMCs Udyog Nagar Peeragarhi centre.

(v) Dr Rajeev Kumar, Veterinary Doctor hired and working at Sector-27, Rohini Stray dogs Sterilization Centre

(vi) Humane Welfare Society, working at Sector-27, Rohini Stray dogs Sterilization Centre.

(vii) Neighbourhood Woof, Mukherjee Nagar, Delhi working at Lucknow Road Timarpur Centre."

The number of stray dogs sterilized and vaccinated against rabies by the North DMC during the last two years is as follows:-

S.No. Period No. of dogs sterilized and immunised by the NGOs

1. 01.04.2016 to 9866 31.03.2017

2. 01.04.2016 to 15171 31.03.2017

7. In view of the aforementioned affidavit/status reports of Delhi Development Authority, South Delhi Municipal Corporation and North Delhi Municipal Corporation, it appears that adequate steps have already been taken by the respondents to redress the grievances ventilated in this PIL and they have further assured this Court that they shall continue with the similar steps in future also.

9. In view of these facts, we see no reason to further monitor this case. Hence, this writ petition is hereby disposed of. However, liberty is reserved

with the petitioner to move this Court again in case of any difficult by way of a fresh writ petition with proper averments and annexures.

CHIEF JUSTICE

C.HARI SHANKAR, J.

JANUARY 30, 2020/kr