‘No Provision Obliges Civic Body To Kill Innocent Animals’: Allahabad HC Dismisses Plea For Killing Of Birds, Dogs Creating Nuisance

The bench of Justice Ramesh Sinha and Justice Subhash Vidyarthi observed that such a direction cannot be issued by the Court as there is no provision which obliges the Nagar Nigam to kill innocent animals.

The PIL plea had been moved by an Advocate Manoj Kumar Dubey.

It may be noted that the High Court is currently dealing with a suo moto case pertaining to the stray dog menace after an incident was reported in Lucknow wherein an eight-year-old boy was killed and his sister was severely injured after they were attacked by more than 20 stray dogs.

In fact, in the suo moto case, the Allahabad High Court had asked the Lucknow Nagar Nigam to file an affidavit as to why a sum of Rs. 10,00,000/- may not be awarded to the family of the deceased child.

Significantly, last year, the Uttarakhand High Court directed the Municipalities across the state to identify and remove the aggressive stray dogs within the areas under their control and place them in the dog pound.

The Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe issued this order while dealing with a Public Interest Litigation (PIL) Plea filed in the year 2017 by Nainital-based Girish Chandra Kholia.

Appearances

Counsel for Petitioner: Sudeep Seth, Sridhar Awasthi

Counsel for Respondent: C.S.C., Gaurav Mehrotra, Namit Sharma, Santosh Kumar Tripathi

Case Title – Manoj Kumar Dubey Advocate S/O Ram Mani Nath Dubey vs. State Of U.P. Thru Prin. Secy. Nagar Vikas And Anr [PUBLIC INTEREST LITIGATION (PIL) No. - 2800 of 2009]

Case Citation: 2023 LiveLaw (AB) 48

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