BHAGVATIBEN BABUBHAI BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As common questions of law, on similar set of facts are involved in these two writ-petitions, they are heard together and disposed of by this common judgment. For the purpose of disposal, we draw facts as narrated in Writ Petition (PIL) No. 9 of 2017.

(2.) Writ Petition (PIL) No. 9 of 2017 is filed by way of Public Interest Litigation by the petitioner who is a senior citizen aged about 96 years and resident of Memnagar in the city of Ahmedabad, seeking the reliefs which read as under:-

(3.) The case of the petitioner in Writ Petition (PIL) No. 9 of 2017, as narrated in the petition is that, he is the resident of Memnagar area of Ahmedabad and has been residing in the said area for the last 50 years. According to the petitioner, the State Government as well as the Police Commissioner, due to their incapacity and lack of control, have allowed the respondent no.4 to bring the bird flue virus affected birds to the purely residential area of the city, and out of them, at least more than 200 birds were also already affected by H5N1 (Bird Flue) virus and the same is within the knowledge of the respondents, in spite of the same, the respondent nos. 1 and 2 allowed the infected birds to be transferred to the city area which is against the public interest at large. It is further the case of the petitioner that Memnagar area is purely residential area situated near the farm/premises of the