ASHWANI KUMAR Vs. U.T. CHANDIGARH AND OTHERS

JUDGEMENT

(1.) The Civil Writ Petition has been filed for issuance of a writ, order or direction especially in the nature of mandamus directing the respondents to take necessary legal action on the representations dated 09.09.2016 (Annexure P-1), 12.09.2016 (Annexure P-3) and 13.09.2016 (Annexure P-4) and further restricting the local residents of Chandigarh especially local residents of Mani Majra, Chandigarh not to purchase or sell animals from the sellers outside Union Territory, Chandigarh without obtaining a licence/permission to deal in such trade from the Commissioner, Municipal Corporation, Chandigarh as required by the provisions of Sec. 332 (1) of the Punjab Municipal Corporation Act, 1976 (as extended to Chandigarh) and further for directing the respondents to take strict legal action against the local residents of Mani Majra, Chandigarh, who slaughtered animals in an open area of their houses without obtaining license/permission violating the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 ('the Rules' - for short) and the provisions of Punjab Municipal Corporation Act and also polluted the environment, water drainage and also gave a bad message to the nearby residents/children and further direct the respondents to take adequate effective steps to prevent the sacrifice of innocent animals (goats) etc. and to stop illegal slaughtering of animals in public places, houses, rented accommodation etc. and further directions be issued to respondents to make strict-hard guidelines/policy/rules to save many innocent animals of their lives for future and these guidelines/provisions of relevant Acts/Municipal Corporation Act be given wide publicity through press and electronic media preferably at the time of such religious festival of Eid-Ul-Zuha/BakrI'd etc.

(2.) The petitioner claims that he is a public spirited person and he has filed the present petition in Public Interest. He has filed the petition so that in future such type of illegal activities for which he has prayed for prohibition may not occur in public areas, houses, rented houses and streets without permission/licence from the Government authorities. The petitioner claims that he has no vested interest in filing the present petition. The petition has not been filed for the purpose of publicity by the petitioner. Being a citizen of India, the petitioner, it is submitted, is fully entitled and competent to invoke the extra-ordinary writ jurisdiction of this Court under Art. 226 of the Constitution of India.

(3.) The petitioner states that he is a resident of Mani Majra. He was coming back from his office on 09.09.2016 at about 8.00 p.m. At that time, he saw small goats in front of many houses in his area i.e. Mani Majra, Chandigarh. He enquired about the purpose of collecting these animals at this particular area and found that these animals (goats) were purchased by some members of the Muslim community for sacrificing them on 13.09.2016 i.e. on the occasion of Eid-Ul-Zuha. When the petitioner asked about this from persons of the Muslim community, they answered that these animals were not for sacrificing and said that these are their cradle animals. However, when the petitioner enquired more from some senior citizens of the area, they informed him that these persons were making a fool of him and that these animals would be killed after three days on the occasion of the religious festival of Eid-Ul-Zuha. The petitioner ran from pillar to post to protect these innocent animals and also to save the environment from pollution. He went to the office of Municipal Corporation Chandigarh, Sector 17, Chandigarh and Police Station Mani Majra, Chandigarh but all in vain. Now he wants that strict action be taken against all the local residents who sacrificed innocent goats/animals in their houses without obtaining any licence/permission from the Government authorities. The petitioner made an online complaint to the Chandigarh Police, Municipal Corporation, Chairman Pollution Board, Chairman Animals Welfare Board of India etc. A copy of the complaint/representation dated 09.09.2016 (Annexure P1) has been placed on record.