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Mahisagar Mataji Samaj Seva Trust vs State of Gujarat

Pays/Territoire
Inde
Type de cour
Nationale - cour supérieure
Date
Mar 12, 2012
Source
UNEP, InforMEA
Nom du tribunal
High Court of Gujarat
Siège de la cour
Ahmedabad
Juge
Pardiwala, J.B.
Bhattacharya, B.
Numéro de référence
No. 173/2011
Langue
Anglais
Sujet
Questions juridiques, Bétail
Résumé
Mahisagar Mataji Samaj Seva Trust of Vadodara filed the present PIL, complaining that the civic body did not return the impounded animals even after payment of fine, under various pretexts. The main grievance which has been redressed in this petition is that as and when the authority concerned seizes any cattle found straying on public roads, such a cattle is sent to the nearest cattle pounds which are being managed by the Corporation as provided under the Act and when the cattle owner approaches the authority for release of their cattle on payment of fine, the cattle is not being released. Taking a serious note of dire condition of animals lodged in cattle-pounds, Gujarat High Court said the animals must be treated with “compassion”. The bench also issued directions to all the district magistrates to strictly follow the Animal Trespass Act, in order to deal with the problem of cattle straying onto roads. It is always open to the authorities to curb the menace of cattle straying on public roads and causing nuisance, but when it decides to take steps under the law, then at that stage the authorities are expected and are duty-bound to treat such cattle with compassion even while keeping them at cattle-pound,” the bench observed. The court directed that the authorities must release the livestock at the payment of fine, and must not hesitate to re-impound if cattle is found again straying on public roads.
Texte intégral
COU-159311.pdf