NEW FRIENDS COLONY RESIDENTS Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition was filed in the year 2000 wherein the New Friends Colony Residents Welfare Association had approached this court under Article 226-227 of the Constitution of India praying for issuance of a direction to the concerned authorities and the Government of Delhi to take effective and appropriate steps to deal with the continuing menace of monkeys, stray cattles and dogs and provide them shelter and the road and residential areas of Delhi be kept free from monkeys and other animals. Certain injunctive orders were also prayed. After issuance of notice and hearing the learned counsel appearing for the respondents, this writ petition was disposed of by a Division Bench of this Court vide its order dated 27.9.2002. After noticing the stand of the public authorities, directions which were very limited in their nature and scope were issued and the Court directed that the concerned Officers shall hold a meeting and devise proper scheme and even take lead from the scheme formulated to tackle the problem of stray dogs. It was primarily for the reasons that the Bench had also noticed that the problem of monkeys were receiving attention of the Apex Court in a Public Interest Litigation and even the limited directions contained in the order were made subject to the directions of the Supreme Court. The Chief Wildlife Warden was directed to initiate proper steps and earmark suitable areas for the translocation of such monkeys and permission for capturing them and transporting them to such areas. Though the Government had held meetings three years' prior to passing of that order, but no steps had been taken. Thereafter, the writ petition was revived when various applications were filed by the petitioner and/or other interested person alleging that no steps were being taken particularly in relation to monkey menace in Delhi. Even an application under Order 1 Rule 10 of the Code of Civil Procedure was filed by the citizens for the welfare and protection of animals and the Court had directed all the persons to bring on record as to what effective measures should be taken to tackle the monkey menace vide its order dated 6.9.2006. Since then various orders were passed by the Court. The Supreme Court vide order dated 10.10.2006 had passed certain directions directing the counsel appearing before the Court to discuss the matter and prepare their suggestions. In that very order, the Apex Court had also directed that nearly 300 monkeys which were in the custody of Govt. of NCT of Delhi be handed over to the Chief Wildlife Warden, Madhya Pradesh. The direction was issued to resolve this problem but the order could not be implemented because of some difficulties and disputes that arose between the Chief Wildlife Warden, Delhi, Madhya Pradesh and the Ministry of Environment and Forests, Government of India. It is even evident from the order of the Supreme Court that the issue could not be resolved. The fact of the matter is that the issue could not be resolved, as is also evident from the order of the Supreme Court. The learned counsel appearing in the present case had informed us that the Supreme Court vide its order in W.P.(C) NO. 440/2000 dated 14.2.2007 had further passed a direction which reads as under:-

(2.) Keeping the above facts in mind and dictum of the Supreme Court as contained in the above order, the Court on 10.1.2007 had constituted a special committee consisting of Ms. Sindhushree Khullar, Chairperson, NDMC; Mr. Dinesh Rai, Vice Chairman, DDA; Mr. J.K. Dadoo, Secy., Ministry of Forests, Delhi; Mr. S.K. Aggarwal, CWLW, Delhi and DIG (Wildlife), Ministry of Forests and Environment. The Committee was requested to tackle and suggest steps which could be taken for solving the problem of monkey menace on the roads and colonies of Delhi. They were also asked to inform the Court on the next date as to what steps have been taken by the authorities to comply with the directions issued by the Supreme Court or the High Court during this long period. The Committee was also to consider suggestions or objections if any filed by any person. It took some time when the Court vide its order dated 13.2.2007 realised that certain definite measures ought to be taken by the concerned authorities, failing which the implementation of the directions of the Court, directly relatable to the legal and public obligations of the authorities would not be complied with.

(3.) It was commonly argued before us and conceded by the authorities that the area at Bhati Mines was more than 100 acres and was adjacent on one side to the Asola Wildlife Sanctuary. This place was found to be most suitable for transportation of monkeys which were caught by the authorities in the city as well as from Rajokri. They would be nearer to the natural environment and have sufficient place. The order dated 13.2.2007 reads as under:- "Present: Ms. Meera Bhatia for petitioner. Mr. J.R. Midha for Govt. of NCT of Delhi. Ms. Zubeda Begum for Forest Department. Ms. Madhu Tewatia for MCD. Ms. Sakie for intervener with Ms. Soniya Ghosh in person. Mr. H.K. Monga for residents of Village Bhati Mines, Fatehpur Beri. Mr. Pramod Ahuja for Intervener/Bhawan Sawan Public School. WP (C) No. 2600/2001 The report of the Committee in furtherance to the order of the Court dated 10th January, 2007 has been filed. This report contains short term and long term measures, which requires to be taken for shifting of monkeys from different parts of Delhi to Bhatti Mines where the Govt. has 100 acres of land and a wild life century. It is proposed that monkeys would be shifted to that place and would be fed to the best of the ability and financial limitation of the State. In order to enforce the recommendations of the Committee and to ensure that this public interest litigation, which is pending for the last nearly 6 years is brought to an end, we issue the following directions with the consent of learned counsel appearing for various parties and authorities in the Government :-