INDER MOHAN NAGPAL Vs. GOVT OF NCT

JUDGEMENT

(1.) Present appeal has been preferred assailing the impugned judgement dtd. 5/12/2024 passed by the learned Single Judge dismissing the W.P.(C) 5109/2017 filed by the appellant seeking (i) to quash the notification dtd. 3/9/2014 passed by the respondent no.2/Development Commissioner, GNCTD appointing the Managing Committee of the Delhi Society for Prevention of Cruelty of Animals (hereafter referred as 'DSPCA'); and (ii) a direction to respondent no.1 to restore the DSPCA, alongwith all records, assets and establishment to its members.

(2.) It is stated that the DSPCA, a voluntary association/NGO, was founded in the year 1915 by the concerned citizens of Delhi with avowed objective to prevent cruelty upon animals and birds at the hands of humans, amongst other objectives. The appellant herein claims to be a life member of the DSPCA. It is stated that the DSPCA got registered in the year 1928 with the Registrar of Societies. Subsequently, the Parliament passed the Prevention of Cruelty to Animals Act, 1960, making such cruelty punishable under law and providing machinery to redress the same. It is claimed that the DSPCA, like many other such voluntary associations, got recognition and powers under the provisions of the said Act and also the grant-in-aid in the year 1976.

(3.) It is the case of the appellant that the Government of NCT of Delhi vide its order dtd. 9/1/1990, illegally and without any authority in law, on false pretext of mismanagement, suppressed the elected Managing Committee and appointed an Administrator to look after the management of the DSPCA for one year. The said arrangement continued for more than six years with yearly extension of the tenure of Administrator. It is further stated that even after six years, instead of handing over the administration of the DSPCA back to the elected body, a Board was appointed on 4/5/1995 that again continued illegally and without authority of law with frequent extensions.