Delhi High Court
Triveni Apartments Welfare ... vs South Delhi Municipal ... on 18 August, 2023
$~11 & 43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 10.08.2023
Judgment pronounced on: 18.08.2023
+ W.P.(C) 12078/2018 and C.M. Nos. 46792/2018 & 40940/2023
CONFERENCE FOR HUMAN RIGHTS (INDIA)
(REGD.) Petitioner
Through: Ms. N. Sharma, Secretary
General of Conference of HRs
versus
UNION OF INDIA AND ORS. Respondents
Through: Ms. Shiva Lakshmi, CGSC with
Ms.Divyanshi Anand, and Advocate for
respondent No.1 / UOI.
Mr. Divyam Nandrajog & Mr.Mayank Kamra,
Advocates for respondent No.2/ GNCTD.
Ms. Tanu Priya Gupta, Advocate for respondent
No.3/ MCD.
+ W.P.(C) 2958/2021
TRIVENI APARTMENTS WELFARE ASSOCIATION Petitioner
Through: None.
versus
SOUTH DELHI MUNICIPAL CORPORATION
& ANR. Respondents
Through: Ms. Tanu Priya Gupta, Advocate for
respondent No.1/ MCD.
Ms Manisha T. Karia, Ms Nidhi Nagpal, Ms. Riya
Kharab, Mr. Rohan Trivedi & Mr. Aditya Kesar,
Advocates for respondent No.2/ AWB
Signature Not Verified
Digitally Signed W.P.(C) 12078/2018 & W.P.(C) 2958/2021 Page 1 of 7
By:AMIT ARORA
Signing Date:18.08.2023
17:59:16
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JASMEET SINGH
JUDGMENT
1. Both the writ petitions are heard together and being decided by this
common judgment.
2. The substantive prayers made in the W.P.(C) 12078 of 2018 read as
under:-
(a) issue a Writ of Mandamus, order, direction or any other
appropriate Writ, directing the Respondents more particularly,
Respondent Nos. 3 and 4 to perform their duties as envisaged
under Sections 9, 11 of the 'Prevention of Cruelty to Animals
Act, 1960 and Rules 3, 5, 6 and 7 of The Animal Birth Control
(Dogs) Rules, 2001;
(b) issue a Writ of Mandamus, order, direction or any other
appropriate Writ, directing the Respondents more particularly,
Respondent Nos. 3 to carry out regular "Sterilization and
immunization'/vaccination Programmes in terms of Rule 3 (3),
Rule 5 (a) and Rule 6 (2) Animal Birth Control (Dogs) Rules,
2001 for the Stray dogs at regular intervals of time, (using
humane methods as prescribed under clause 4 of Rule 7), to
contain their population and to prevent them from being
afflicted by Rabies;
(c) issue a Writ of Mandamus, order, direction or any other
appropriate Writ, directing the Respondent No. 3 to disclose
Signature Not Verified
By:AMIT ARORA
Signing Date:18.08.2023
17:59:16
all data / material for the assessment done of the progress
made in regard to implementation of the Animal Birth Control
(Dogs) Rules, 2001, in terms of Clause (4) of Rule 6, which is
a mandatory clause;
(d) issue a Writ of Mandamus, order, direction or any other
appropriate Writ, directing the Respondent No. 3 to come out
with facts and figures for the Sterilization Immunization
programmes organized/conducted for the last 3 years;
(e) issue a Writ of Mandamus, order, direction or any other
appropriate Writ, directing the Respondent No. 4 to come up
with information as to how much funds have been allocated by
Respondent Nos. 1 and 2 to them in the last three years and
how much has been utilized for Sterilization/ Immunization
programmes,
3. The substantive prayers made in the W.P.(C) 2958 of 2021 read as
under:-
(i)Issue a Writ in the nature of mandamus or other suitable
writ or order or direction thereby directing the Respondent
No.1 to ensure that stray dogs which are attacking and biting
the residents of the petitioner society, are completely sterilized
and immunized and be removed from the vicinity of the
petitioner society and be kept in animal kennels/shelters;
(ii) Issue a Writ in the nature of mandamus or other suitable
writ or order or direction thereby, directing the Respondent
No. 1 to administer periodic vaccine/immunize to/ the stray
dogs in and around the area of the Petitioner Society;
Signature Not Verified
By:AMIT ARORA
Signing Date:18.08.2023
17:59:16
(iii) Issue a Writ in the nature of mandamus or other suitable
writ or order or direction thereby directing the Respondent
No.1 to establish shelter homes for stray dogs with designated
feeding points away from the common area/residential
premises of the Petitioner society to ensure that stray dogs
don't come to the society premises or to its peripheral area.
(iv) Issue a Writ in the nature of mandamus or other suitable
writ or order or direction thereby directing the Respondent no.
2 to amend the Animal Birth Control (Dogs) Rule, 2001 to
meet the situation when even after sterilization/immunization,
the menace of stray dogs continues and incident of dog bites
and attacks are reported, if left to the place from where they
were picked for sterilization/immunization;
4. The present writ petitions have been filed by the petitioners wherein it
is stated that its members are socially conscious citizens and desirous
of contributing to the society.
5. The petitioner's grievance is that the rules made under the Prevention
of Cruelty to Animal Act, 1960 i.e. The Animal Birth Control (Dog)
Rules, 2001 have not been complied with. As per the said rules, the
respondents are duty bound to take up regular sterilization and
immunization programmes of stray dogs, in order to curtail the growing
population of stray dogs.
6. It is further stated that due to non performance of statutory duties, there
is a rapid increase in stray dog population in the city of Delhi resulting
in an increase of "dog bites cases".
7. It has been further stated that the Respondents are not performing their
Signature Not Verified
By:AMIT ARORA
Signing Date:18.08.2023
17:59:16
duties and functions as prescribed under the law in so far as they are
not conducting any sterilization programmes to contain the canine
population of the city which is growing at a frightening rate, even
though crores of rupees are being allocated to them for this purpose, by
the Central Government.
8. In W.P.(C) 12079/2018, Ministry of Environment & Forest,
Government of India is arrayed as Respondent No. 1, Govt. of NCT of
Delhi is arrayed as Respondent No. 2, South Delhi Municipal
Corporation is arrayed as Respondent No. 3 and Animal Welfare Board
as Respondent No. 4. In W.P.(C) 2958/2021, South Delhi Municipal
Corporation as Respondent No. 1 and Animal Welfare Board of India is
Respondent No. 2.
9. Learned counsel for respondent no.3 has filed the status report in WP
(C) 12078 of 2018 and our attention has been drawn to para 5 which
read as under:-
"5.That the following number of stray dogs have been sterilized
and released back to their respective areas picked up by the
Municipal Corporation of Delhi through animal Welfare
Organizations, NGOs or veterinary doctors during the last six
(6) years."
S. Period Number of Stray dogs
No. sterilised by MCD
1 2017-2018 83656
2 2018-2019 88175
3 2019-2020 99997
4 2020-2021 51990
5 2021-2022 83461
6 2022-2023 59022
7 2023-2024 12244
April 2023- June 2023
Signature Not Verified
By:AMIT ARORA
Signing Date:18.08.2023
17:59:16
10. The learned counsel for respondent No. 2 i.e. Animal Husbandry Unit,
Development Department, Govt. of NCT of Delhi has also filed a status
report in W.P.(C) 12078/2018 and our attention has been drawn to para
6 and 7 which reads as under:
"7. That the remit of the answering respondent is for
immunization programmes of pets and livestock. It works
towards preventing diseases like FMD, Brucella, HS, LSD, for
which various immunization programmes are undertaken in
livestock and rabies immunization programmes are undertaken
in pets.
8. That Anti-Rabies Vaccines are provided free of cost round
the year in all 77 Veterinary Hospitals / Dispensaries which are
equipped with cold chain facilities for storage and
transportation of vaccines. The Anti-Rabies vaccination is for
pet dogs and community owned dogs. The details of the Anti-
Rabies Vaccination done in last 6 years are provided herein
below.
S. No. Year Vaccinations
1 2017-2018 42,226
2 2018-2019 19,630
3 2019-2020 36,928
4 2020-2021 46,084
5 2021-2022 85,979
6 2022-2023 63,672
(Till February
2023)
11. We are satisfied that respondent no. 2 and 3 are regularly conducting
the sterilization and immunization of stray dogs and are performing
their statutory duties.
12. The respondents are directed to ensure that they continue with their
efforts and drive for sterilization and immunization of stray dogs, as the
Signature Not Verified
By:AMIT ARORA
Signing Date:18.08.2023
17:59:16
same is an important public function and is required to be performed in
all its earnestness.
13. With these directions, the petitions are disposed of.
SATISH CHANDRA SHARMA, CJ
JASMEET SINGH, J
th
AUGUST 18 , 2023 / (MSQ)
Click here to check corrigendum, if any
Signature Not Verified
By:AMIT ARORA
Signing Date:18.08.2023
17:59:16
