Sangeeta Dogra vs Dr. Srinivas Sharma
2021 Latest Caselaw 3745 MP

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            HIGH COURT OF MADHYA PRADESH
                       Conc 1573 of 2020
        Sangeeta Dogra vs. Dr. Shrinivas Sharma and Ors.

Gwalior, Dtd: 30/07/2021
      Heard through Video Conferencing.
      Petitioner Ms. Sangeeta Dogra is present in person.

      Ms. Ankita Mathur, learned Counsel for respondents No. 2 and 3.

The present contempt petition arises out of alleged intentional

disobedience of the final order dated 07/04/2014 passed by Coordinate

Bench of this Court in WP No.1372/20212 (PIL) [Dr. Rajendra

Gupta vs. State of MP and Ors) by which the following directions

have been given:-

''(i) That the Municipal Council Shivpuri - respondent No.3 and the Collector- respondent No.2 are directed to take effective steps for keeping the pigs outside the area of Municipal Council Shivpuri.

(ii) Pig owners be directed to shift the pigs immediately within a period of two months out side the area of Municipal Council Shivpuri, failing which the pigs found staying be forthwith destroyed by the Municipal Council.

(iii) Appropriate disciplinary action be taken against the Municipal employees if it is found that they are keeping the pigs within the area of Municipal Council and they are in the business of pigs. Their services may be terminated after due procedure if they will not send the pigs outside the area of Municipal Council.

(iv) If any other person is found keeping the pigs within the area of Municipal Council, appropriate action shall be taken against them under the provisions of Act of 1961 and they shall also be liable for contempt of court if those persons would not follow the directions issued in this writ petition. Municipal Council shall submit a list of those persons before the Registry of this court and this court shall take appropriate steps.

(v) Respondents No.1 to 3 shall take specific steps

to stop use of polythene bags of less than 4 microns and 20 microns.

(vi) Municipal Council Shivpuri - respondent No.3 shall take effective steps and also take specific cleanliness drive to remove the garbage within the limits of Municipal Council Shivpuri and a report be filed before the Registrar of this court.

(vii) Aforesaid directions be complied with within a period of three months from today. It is hereby clarified that if the directions be not complied with, concerned officer shall personally be liable for contempt of court proceedings and penal action shall be taken against them.

(viii) Respondents No.1 and 3 are directed to pay a costs of Rs.5,000/- to the petitioner.

The aforesaid directions were given in the backdrop of the

rampant menace of rapid increase in population of pigs within the

Municipal area of Municipal Council, Shivpuri which was adversely

affecting hygiene and sanitation of the area.

Pertinently, the judgment of the Apex Court in the case of

Animal Welfare Board of India vs. A Nagaraja and Others, (2014)7

SCC 547 was pronounced on 7th May, 2014 which was subsequent to

the order whose non-compliance is alleged herein and thus, the

Division Bench, which passed the order on 07/04/2014, was not in the

know of the said judgment of Apex Court.

Heard the learned Counsel for the rival parties at length.

Learned Counsel for the Municipal Council has fairly submitted

that in view of the law laid down by the Apex Court, the Municipal

Council does not intend to proceed with the NITs which are impugned

in the petition(PIL). Learned Counsel for the Municipal Council also

submits that the Municipality is ready and willing to explore the

possibility of alternative solution which is viable and feasible in the

given facts and circumstances. One of the solutions suggested by the

learned Counsel for the Municipal Council is sterilization of the pigs so

as to stop their population to increase rapidly. It is also suggested that

the Municipal Council shall explore to search a suitable place outside

the territorial limits of Municipal Council, where the pigs can be kept

and reared.

In view of the suggestions made by learned Counsel for the

Municipal Council, it would be appropriate to afford further

opportunity to the Municipal Council and its functionaries to work out

a solution and submit a report in that regard before the next date of

hearing.

List the matter in the second week of September, 2021.

              (Sheel Nagu)                                       (Deepak Kumar Agarwal)
                 Judge                                                  Judge


MKB

Digitally signed by MAHENDRA KUMAR BARIK

MAHENDRA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh,

KUMAR BARIK 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e345 1ee450d883083a8e4cc8020eee6f7cb, cn=MAHENDRA KUMAR BARIK Date: 2021.07.31 10:41:42 +05'30'