Picking-Up Stray Cattle For 'Gowshalas' Should Be Done With Proper Sensitivity: Punjab & Haryana High Court Tells State Govts

The Punjab & Haryana High Court has said that state should ensure that the exercise of picking up the stray cattle from urban areas and taking them to the respective Gowshalas is done with "proper sensitivity."

Acting Chief Justice GS Sandhawalia (as he then was) and Justice Vikas Bahl said, "we are sanguine that the State of Punjab and the Authorities, Incharge of the Urban Local Bodies as such will ensure that the By-laws are strictly adhered to and due compliance is done and an exercise of picking up the stray cattle is done from all urban areas and taking them to the respective Gowshalas which are available in the neighbourhood."

The Court added that, "the State shall ensure that the said exercise is done with proper sensitivity as it is to be noticed that on account of heavy vehicular traffic flow in urban areas, the menace of stray cattle, whether moving or stationary, can lead to injuries being sustained and accidents occurring which sometimes prove fatal to the person driving or travelling on foot also since in various cases, it has come to the notice that stray cattle sometimes while engaged in fighting amongst themselves, also cause injuries as such to pedestrians also."

These observations were made while hearing the a PIL seeking for directions to the State authorities to ensure the construction of cattle pounds with all the requisite infrastructure in the State of Punjab for confining the stray animals including stray cows/bulls and to make arrangements for looking after such stray animals so that the innocent citizens are not hit in every day life.

The Punjab Government submitted that the District Animal Husbandry Society shall be constituted in each district under the Chairmanship of Deputy Commissioner of the District for management of the cattle pounds.

It submitted that 457 Gaushalas/cattle pounds are being run in the State of Punjab which are registered with Punjab Gau Sewa Commission. The Department of Local Government has paid Rs.5,00,000/- per Gaushala and a total of Rs.22.85 crores to 457 registered Gaushalas through the Department of Animal Husbandry, Punjab.

Counsel appearing for Punjab Government also placed on record the said By-laws and pointed out regarding the construction of cattle pounds and its maintenance and provisions for seizure, detention and sterilization of stray cattle and for application for grant of compensation.

"It is also pointed out that apart from the above, the By-laws also provide for determination of compensation in case of stray dog attack and the assessment to be done on the basis of per wound or per puncture," noted the Court.

Considering the submissions, the bench opined that, "once the Rules and By-laws having been made applicable in the urban areas, the relief as such which has been sought has been reasonably redressed by the State of Punjab and, therefore, the purpose of filing the Public Interest Litigation has been fulfilled."

Consequently, the plea was disposed of.

Title: Jatinder Jain v. State of Haryana and others

Ms. Sunaina, Advocate, for Mr. H.C. Arora, Advocate, for the petitioner 

Mr. Salil Sabhlok, Sr. DAG, Punjab.

 Citation: 2024 LiveLaw (PH) 248

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