Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950-Articles 21 & 226-Unhygienic conditions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Constitution of India, 1950-Articles 21 & 226-Unhygienic conditions and nuisance caused by stray cattle of milk dairies in city-Public Interest Litigation Writ Petition before High Court-Directions to State by High Court to remove cattle and relocate milk dairies out of the city-Alternative lands allotted by State of dairies-Undertakings given by dairy owners to shift their cattle and relocate their dairies-High Court directing District Magistrate to comply with its directions when undertakings are not complied with by dairy owners-Correctness of-Held, menace of stray cattle cannot be allowed at the cost of health and decent living of residents of the city- Milk dairies cannot question the decision of High Court after giving undertakings-Hence, various interim directions issuedMilkmen were allotted plots concessionally in a city about fifty years back. Due to expansion of the city over the years, the milkmen colony now came to be situated in the heart of the city. The milkmen, after milching, used to allow their cattle to stray around the city. A Public Interest Litigation Writ Petition was filed before High Court by aggrieved residents of the city contending that the stray cattle were causing danger to human life and were creating a traffic hazard; that the entire city was full of cattle and excreta of the stray cattle leading to stinking; that the excreta became a breeding ground for various diseases; that, as a result, the drains not clogged and sewerage water was getting mixed up with drinking water; that these unhygienic and unhealthy conditions were adversely affecting their quality of life and thereby impinging upon their constitutional rights enshrined under Article 21 of the Constitution of India. A direction was sought from the High Court to relocate the milk dairies out of the city. The High Court, entertaining the Writ Petition, issued various interim directions to the State and its functionaries for removal of stray cattle from the city and relocation of the dairies outside the city. The State accordingly allotted lands for purpose of relocation and earmarked funds to meet necessary expenses to carry out the directions of the High Court. Appellant-milkmen societies, got impleaded before the High Court and contended that the alternative sites allotted by the State was a hilly area and not suitable for their dairies. They undertook to shift their dairies once suitable sites are given and make arrangements for preventing their cattle from straying. When the milkmen failed to comply with the directions despite given several opportunities, the High Court directed District Magistrate to remove stray cattle from the city and shift them outside the city limits and to file a compliance report. In appeal to this Court, the appellants contended that the eviction from their existing land, which were allotted by State after accepting allotment charges should be under law; that the alternative land allotted by the State, was in a hilly area and that their cattle would not be able to survive in that area; and that no rehabilitation facilities were provided by the State to facilitate shifting of their cattle. The appellants, however, contended that they are ready to shift to some other suitable area where the land was not rocky and water was sufficiently available for their cattle. The State contended that they had complied with the orders of the High Court by issuing necessary notifications, allotting alternative land and earmarking funds for the purpose; that sufficient opportunities were granted by the High Court to the appellants to shift their dairies and cattle from the city; that the appellants had given an undertaking to the High Court to shift from the city within a specific period; and that the appellants neither shifted their dairies and cattle nor deposited requisite amount with the State despite giving their undertakings The respondent, who filed Writ Petition, contended that the High Court had to issue directions to the appellants when they were found resiling from their undertakings given to the Court; and that the High Court only directed to shift their dairies out of the city and did not give any direction affecting ownership of the plots of the Milkmen. |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2007 INSC 49 |
Petitioner | Milkmen Colony Vikas Samiti |
Respondent | State Of Rajasthan & Ors. |
SCR | [2007] 1 S.C.R. 1056 |
Judgement Date | 2007-01-17 |
Case Number | 246 |
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