Do Cattle Owners have a Right to let off them in Streets for grazing purpose? NO says HC, Read Order

The Gujarat High Court has disapproved of straying of cattles on the streets of cities and held that the private owners cannot distrupt public merely because they posess these animals.

The Division Bench comprising of Chief Justice Aravind Kumar and Justice Ashutosh J Shastri was adjudicating upon a writ petition seeking directions to Govt to provide Maldhari Community with pasture land for their animals as with the expansion of the city, they have lost the same.

The writ styled as a PIL was filed by a contractor from the Maldhari Community who has averred that since the lost of lands, cattle was being kept in nearby lands for grazing and feeding purposes.and for said purpose Gauchar land was reserved in rural areas.

The Learned Counsel for the petitioner contended that for the seizure of the cattle found on the public places, fines are being imposed by virtue of the a Notice issued by the Govt and from time-to-time it has been increased and these fines are being imposed on account of cattle having been seized as the Maldhari community is not having any vacant land or gauchar land for the cattle to feed themselves by grazing in the said gauchar lands.

He averred that the State is obliged to provide them the same. 

However, the Court dismissed the petition without even issuing notice to the respondents with the following reasons:

The Court noted that though gauchar lands are to be provided by the State or same is to be reserved for the purposes of the grazing of the cattle as provided in the Gujarat Land Revenue Code at the Village level, Taluka level and District level, the State is not expected of to provide gauchar land in the cities.

To this, it expressed that there is responsibility cast on the owners of the cattle to tither their cattle in the cattle shed and not to allow them to graze elsewhere like leaving them in the city on roads

"If the persons who own the cattle in the cities, then they are required to ensure that the said cattle are kept in cattle shed or not allowed to stray in public streets, which would be causing public nuisance and many a times, road traffic accident or other mishaps would occur due to straying. Merely because the owners of the cattle is possessing or owning them, it cannot be allowed to stray on the streets in the cities like Ahmedabad, Surat, Vadodara etc. and that too for purposes of grazing."

On contention that persons who are owning cattle, hail from very weak financial economic background and being poor are unable to pay the huge fines imposed by the Municipal authorities, the Court remarked that it is open for such persons whose cattle have been seized to approach the Commissioner of the Municipal Corporation or the Chief Officer of the Municipality to redress their grievances with regard to reduction of fine or requiring the authorities to take up a drive for registration of the cattles which has not yet been registered.

Rejecting both the contentions of the petitioner and recognising the steps taken by State and Municipal Authority to mitigate the financial loss in terms of fine, the Court concluded that it cannot be gainsaid by the owners of the cattle that registration is onerous or payment of fine is not called for.

Read Order Here:

Picture Source :