Municipal authorities not expected to completely wipe out stray animals from streets: Delhi High Court

The Delhi High Court recently said that municipal authorities are not expected to completely wipe out all stray animals - whether cattle, monkeys or dogs - from the roads and municipal areas in the national capital [Shri Salek Chand Jain vs Sh Vijay Kumar Dev & Ors]..In an order passed on February 7, Justice C Hari Shankar said the duty of the municipal authorities instead is to take “concerted, sincere and optimum steps” to ensure that such animals are rehabilitated and do not become a menace to residents of Delhi or to the traffic plying on the roads.“It cannot be expected that the municipal authorities can completely wipe out, from the roads and municipal areas of Delhi, all stray animals, whether cattle, monkeys, dogs or other animals,” the order said. The single-judge made the observations while disposing of a contempt of court petition alleging non-compliance with the directions passed in a public interest litigation (PIL) petition in 2019 for taking action in respect of stray animals. .The Court examined the status reports that were filed in the contempt case and noted that the estimated cattle population in Delhi after the COVID-19 pandemic stood at around 8,367. The four Gaushalas present in the city have sufficient space to accommodate abandoned cattle, the Court was told. It also took note of other steps taken by authorities to manage the stray animals..In this backdrop, the Court concluded that the assertions made in the status reports “constitute substantial compliance with the directions contained by this Court in its order dated 25 September 2019.”It added that the previous directions have “to be meaningfully understood” as the authorities are not required to completely eradicate the stray animals from the streets..The Court concluded that there was no disobedience of the directions passed by the Court, and there is a distinction between contempt and enforcement.“In the event that the petitioner is still unhappy with the measures that have been taken, it would be open to him to agitate the said grievance in appropriate proceedings,” the Court said while disposing of the contempt plea..Advocate JK Gupta represented the petitioner.Advocate Aditi Saraswat for Additional Standing Counsel (Civil) Jawahar Raja respresented the respondents.Standing Counsel Akhil Mittal represented the Municipal Corporation of Delhi. Advocate Vivek Kumar also appeared in the case.[Read Order]