Punjab And Haryana High Court
31 October 2012
Civil W.P. No. 9902 of 2012 (O & M)
The Judgment was delivered by : A. K. Sikri, J.
1. The petitioner wants this court to issue a writ of mandamus thereby directing the respondents to take appropriate measures to tackle the rising stray dog menace in the States of Punjab, Haryana as well as Union Territory of Chandigarh. The petitioner had also earlier approached this Court by way of CWP No.3653 of 2012, in the nature of Public Interest Litigation (PIL) for the same relief in which orders dated 27.2.2012 were passed observing that the municipal authorities would take all necessary steps to control this menace. The grievance of the petitioner, however, is that after the said order and despite representation made by him, no steps are taken by the respondent-authorities which has forced him to file present petition, again as PIL. As per the petitioner, provisions of S. 11(3)(b) of the Prevention of Cruelty to Animals Act, 1960 (hereinafter to be referred to "PCA Act") are available to the respondents to take effective steps and action to tackle the menace.
2. The petitioner is a former Municipal Councillor, Mohali (Punjab) and claims himself to be a public-spirited person. He claims that he has taken various issues relating to the welfare of the public of Mohali at various foras including this High Court for their logical redressal and had earlier also filed writ petitions pertaining to enhancement of water supply capacity to Mohali. In the present petition, he has highlighted that in the recent past, it has been seen that stray dogs in the States of Punjab, Haryana and also Union Territory of Chandigarh have created a terror and are endangering human lives of all age groups resulting into injuries/deaths of innocent people who fall prey to these stray dogs. Some of the news items, depicting the fright/terror created by the stray dogs, are attached with the petition.