GAURI MAULEKHI Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) This petition has been filed in the nature of public interest litigation. Petitioner has sought the following reliefs: -

(2.) Case of the petitioner, in a nutshell, is that the State Government, though, has issued the communication on 18.4.2013 (Annexure No.5) but the same, till date, has not been enforced in letter and spirit. It is also the case of petitioner that Chapter VII of the Transport of Animal Rules, 1978 has not been strictly enforced by the State Government. Petitioner has also drawn the attention of this Court to the recommendations made by the Law Commission of India in its 269th Report which is at page no.208 of the paper book. On the issue of Transportation and House-keeping of Egglaying hens (layers) and Broiler Chickens, the Law Commission has stated as under:-

(3.) The Law Commission, in its 269th Report, has discussed the legal provisions regulating the transport of animals as under: -