Colony Vikas Samiti Vs. State of Rajasthan & Others  Insc 48 (17 January
Sinha & Dalveer Bhandari
[Arising out of Slp (C) No.16751 of 2004) With Civil Appeal No. 247 of 2007
[Arising out of Slp (C) No.23389-90 of 2004) Shri Ghanchi Mahasabha, Jodhpur
.... Appellant Versus Rajasthan Chapter Of Indian Association of Lawyers &
others .... Respondents Dalveer Bhandari, J.
public interest litigation instituted under Article 226 of the Constitution,
the High Court of Rajasthan at Jodhpur, by
the impugned judgment, has directed that the milk dairies located in the city
of Jodhpur be shifted from their present
location to alternative sites. These appeals by grant of special leave are
preferred against the said judgment and order dated 12th July, 2004 of the High Court passed in D.B. Civil Misc. Writ Petition
No.4409 of 1994.
these appeals are inter-connected and are arising out of a common judgment,
therefore, we would refer to the facts as mentioned in Civil Appeal No. 246 of
2007 arising out of SLP (C) No.16751 of 2004.
appellant-Milkmen Colony Vikas Samiti is an association of milkmen engaged in
the business of selling milk and milk products in the city of Jodhpur (Rajasthan) for the last 44 years.
The Government of Rajasthan vide Notification No.F.1 LSG/56 dated 5.11.1956
introduced a scheme, namely, 'Masuriya Colony Scheme', under which the members
of the appellant Samiti and other milkmen, who were carrying on business of
selling milk and milk products, were allotted plots of land in the city of
Jodhpur @ Rs.2/- per sq. yards. In all, 332 plots were allotted by the
Government under the said scheme to different milkmen for developing dairies.
Since 1956, the said milkmen have been carrying their business of selling milk
and milk products in the above colony. The said colony was duly conceived and
planned as a milkmen colony by the Urban Improvement Trust, Jodhpur with the approval of the State
stated that the owners of the bovine animals, in the city of Jodhpur, after milching the bovine animals
were turning them out of dairies so that they could eat whatever was available
on the roads. The stray cattle including the cows, bulls, dogs etc. freely roam
in the city of Jodhpur and in the porch of the Mahatma Gandhi Hospital, the principal government hospital
in the city.
further stated that the excreta of these animals was also visible all over,
even in the corridors of the High Court. This totally unhygienic, unhealthy and
injurious practice was creating considerable nuisance to the citizens of the
city of Jodhpur.
citizens of the City, being aggrieved by the said nuisance caused by the stray
cattle and dogs, filed a petition in public interest in the High Court of
Rajasthan at Jodhpur through the Rajasthan Chapter of Indian Association of
Lawyers, respondent no.4 herein, associated with the International Association
of Democratic Lawyers established in 1946 and in consultative status with UN
Economic and Social Council, UNESCO and UNICEF.
instant petition, it was stated that stray animals, such as, bulls, dogs and
cattle were roaming all around inside and outside the city freely. Cattle were
found loitering and squatting on the roads of Jodhpur City and that they were causing danger
to human life and were creating a traffic hazard. It is stated in the petition
that the entire city was full of dirt, refuge and was stinking beyond all
limits and that the excreta of stray cattle was a breeding ground for various
were clogged and sewerage water was getting mixed up with the drinking water
spreading many diseases. These unhygienic and unhealthy prevalent conditions
are adversely affecting the quality of life of the residents living in the city
of Jodhpur and thereby impinging upon their
constitutional rights enshrined under Article 21 of the Constitution of India.
In the writ petition, following reliefs were prayed:
To direct the
respondent Jodhpur Municipal Corporation and the Urban Improvement Trust to
take steps to ensure that animals and cattle do not inhibit roads and public
places and make proper arrangement in this behalf;
In order to
oversee that all this is done, to appoint a Committee constituting of eminent
citizens authorizing such Committee to see:
direction aforesaid are given effect to;
complaints from the people; and
directions to meet genuine grievances; and
be directed to comply with the direction of the aforesaid committee in this
immediate steps to make city clean, revamp sewerage system;
purposes, if necessary, the State Government be directed to make funds
available to respondent Municipal Corporation.
stated before the High Court that with the passage of time, Jodhpur City became very dense and, therefore, it was necessary to
eliminate the menace of stray animals from the roads of the city of Jodhpur. It was also urged before the High
Court that the milkmen colony when devised was more or less outside the city
but now it is in the heart of the city because of expansion of the City.
main cause of expansion has been unchecked growth in the population. Therefore,
a direction was sought to relocate the dairies out of the city of Jodhpur.
High Court entertained the writ petition and, looking to the seriousness of the
matter, issued certain directions, vide its order dated 23.1.2003, which are
Corporation, Jodhpur shall make every endeavour to shift
dairies from the city and have them relocated with the assistance of the State
to the outskirts and periphery of the city or beyond the city limits.
Corporation shall relocate stray cattle from the roads to Gaushalas or
institutions made for providing shelter to stray cattle including the
institutions at Pawapuri.
For the removal
of stray cattle, bulls and dogs from the roads and for their relocation to
shelter etc. the Municipal Corporation shall press into service sufficient
number of persons and vehicles for impounding and relocating animals.
animals located in Jodhpur City shall have a tag number tied around their necks. The tag
numbers should be indicative of the name and address of the person to whom the
animal belongs so that there will be no difficulty in tracing their owners.
This direction shall be carried out by the person(s) owning the cattle and
animal(s). The enforcement of the condition shall be made by the civil
should be launched under the various penal provisions against the owners of
such cattle and animals which are found on the streets and roads unattended.
Corporation shall employ sufficient number of persons to catch stray cattle and
animals found on the roads and streets. Once they are caught, they shall be
impounded and may be released to owners on pay of fine of Rs.500/- each and
subject to other directions mentioned herein.
which are used for carrying impounded cattle and animals shall be fitted with
ramps in order to avoid the chances of injury to them.
The transit and
handling of the stray cattle and animals will be in conformity with the laws
providing for their safety and prevention of injuries to them including
Prevention of Cruelty to Animals Act, 1960.
to unauthorized dairies which are operating in the city shall be disconnected
with immediate effect.
The direction of
serial No. (ix) above shall also be applicable to the organized and
unauthorized dairies located within the city in the event of their failure to
shift out of the city within the time allowed to them by this order. The place
to which such dairies are to be shifted shall be earmarked by the competent
authority within three weeks.
Corporation, Jodhpur shall file statements detailing the
fine(s) collected by it in terms of directions given at serial no. (vi) above.
The roads of Jodhpur City shall be made free of stray cattle bulls and roaming
animals by 31st March
progress report shall be submitted by the Municipal Corporation by 15th of each
Government shall assist the Municipal Corporation, Jodhpur in securing the implementation of
the aforesaid directions. This will include financial assistance, which would
be required by the Municipal Corporation of Jodhpur to carry out the directions contained in this order effectively.
Execution Officer of the Municipal Corporation, Jodhpur shall nominate two officers, who shall be responsible for
carrying out the directions of this Court.
aforesaid directions will not only bind the Municipal Corporation of Jodhpur,
its functionaries and officers nominated by the Chief Executive Officer,
Municipal Corporation, but it shall also be equally binding on the State
Government and its functionaries and electric supply companies. Needless to say
that failure on the part of the concerned authorities and functionaries shall
be actionable under Article 215 of the Constitution and the Contempt of Courts
The aforesaid petition again came for consideration before the High Court on
06.1.2004. On that day, the Court found that the Collector, Jodhpur had complied with the orders and
allotted 2500 bighas of land to the Urban Improvement Trust for the purpose of
shifting dairies from the city of Jodhpur. The State Government had also made a sum of Rs.50,00,000/- available
to the Municipal Corporation to meet the expenses of (i) catching the stray
cattle; (ii) for their transportation; and (iii) for purchase of fodder for the
stray cattle. The Collector further made 500 bighas of land available to the
Municipal Corporation in Kali Beri, Soor Sagar, Jodhpur for creation of a pond. The Court further issued the following
direct that dairy owners/operators who were allotted the land in the Milkmen
Colony at Pal Road or who are now operating within the
city limits should be shifted to the new area which has been made available by
the Collector to the Urban Improvement Trust.
this purpose, the Urban Improvement Trust shall provide 30 days to the dairy
operators to apply for allotment of lands in the new area. The dairy operators
shall deposit the requisite amount with the Urban Improvement Trust for allotment
of lands in the new area. In case, the dairy operators do not deposit the
amount within the aforesaid 30 days, their dairies will be sealed by the
Municipal Corporation and the bovine animals shall be impounded.
Municipal Corporation is also directed to develop the pond in Kali Beri, Soor Sagar,
Jodhpur within a period of two months from
today. 75% of the requisite funds for development of the pond shall be
allocated by the State Government." On 10.2.2004, the High Court again
heard the above matter when the appellant Samiti herein was allowed to
intervene in the matter being a necessary party. The learned counsel for the Samiti
stated that the milkmen colony was being shifted to Barli, which was a hilly
area and which was not a suitable place for bovine animals. However, the High
Court rejected this contention of the learned counsel for the Samiti by
observing as under:
are told by the counsel for the respondents that the area in question has been
selected after the experts had opined that the land is suitable for the purpose
of establishing the milkmen colony. In the circumstances, therefore, we will
not permit attempts on the part of certain persons to stifle our order. The
milkmen and dairy owners must shift to Barli and subsequently in case, it is
found that there are some practical difficulties for them only in that event
the Collector can be asked to allot some other land to them. It appears that
there are a large number of milkmen and they are entrenched in city. It is
surprising that after milching the bovine animals, the dairy owners turn them
out so that they can eat whatsoever is available on the roads. Bovine animals
in order to satisfy their hunger even consume plastics. Once plastic goes in
their systems, it causes severe harm to them and some of them even die. But
this is not the concern of the dairy owners. Though people consider cow as
mother yet the treatment which is meted out to it is extremely harsh and cruel.
There is no justification whatsoever for the diary owners not to shift from the
city to the designate area." (Emphasis supplied) After passing the above
order, the High Court adjourned the matter to 11th March, 2004, on which date, the learned counsel appearing for Municipal
Corporation and the learned counsel appearing for milkmen made their
statements. The order dated 11th March, 2004
counsel appearing for the Municipal Corporation says that pond is being created
at Kali Beri within a period of six weeks. Learned counsel appearing for the
Milkmen says that the entire Milkmen community will shift on their own to
another site. He says that his clients undertake to comply with the order
passed by this Court and shift from the present site within two weeks. In case,
the Milkmen do not comply with the undertaking, the Municipal Corporation shall
in compliance of the order seize the dairies." The aforesaid matter once
again came for hearing before the High Court on 14.5.2004. On that day, the
learned counsel appearing for the respondents sought some time so as to enable
them to make arrangement for preventing the cattle and bulls from moving on
undertook to do the following exercise:
bovine animals in Jodhpur shall have the tags in consonance
with the directions issued by the Court;
the work for
construction of wall around the milkmen colony shall be started in right
that no bovine
animals including bulls shall be seen on the roads as the same shall be caught
by the milkmen and handed over to the Municipal Corporation." Having
regard to the submissions of the learned counsel, the High Court granted 10
days time to the milkmen for doing the needful. The High Court constituted a
monitoring committee to evaluate the progress made by the milkmen in preventing
the animals from moving on the roads.
the aforesaid matter came up for hearing before the High Court on 12th July 2004, when the High Court passed the
find that the order dated 14th May, 2004
has not been complied with. The milkmen were provided sufficient opportunity to
shift from the city area as the bovine animals are creating nuisance in the
District Magistrate is directed to see that the public nuisance caused by the
stray animals is removed and the bovine animals are shifted outside the city
limits in consonance with the order dated 6.1.2004. The District Magistrate
shall file a compliance report within two weeks. The Municipal Corporation
shall assist the District Magistrate in effecting the compliance of the order.
Municipal Corporation and the U.I.T.
be duty bound to construct a pond and provide necessary facilities to the
milkmen shifting to Barli." Being aggrieved by the aforesaid order, these
appeals have been preferred before this Court.
appeals before this Court, certain issues have been raised. The learned counsel
appearing for the appellant urged that the High Court was not justified in
issuing directions to evict milkmen from the land, which was allotted to them
by the Government for the purpose of milk dairies after accepting allotment
charges; that, the High Court was not justified in passing an order of eviction
of milkmen from the land, without following the procedure established by law
i.e. under the Land Acquisition Act or Public Premises Act; that, the High
Court was not justified in not appreciating the fact that the land allotted for
shifting of cattle and bulls of the milkmen was located in a hilly area and no
rehabilitation facilities were provided by the authorities to facilitate the shifting
of the cattle; and that, the High Court erred in not considering the fact that
the Committee set up for monitoring the progress made by the milkmen for
preventing their cattle from coming to the roads had failed to appreciate the
genuine problems of shifting the animals, especially in terms of the report of
the specialist that Barli was a hilly area and cows and other animals would not
be able to survive. It was further argued that the milkmen were ready to shift
out of milkmen colony if some suitable area was earmarked for them, where the
land was not rocky and water was sufficiently available for their cattle. If
such suitable site was allotted to them, they would move to that place within
such reasonable time as may be granted by this Court. They would also deposit
the amount as per the directions of this Court.
learned counsel for the appellants urged that that the State Government may be
directed to allot suitable land located at some other place in Jodhpur City like in Salawas, Old Pali Road in place of Barli.
learned counsel appearing on behalf of the State of Rajasthan stated that the order passed by the
High Court was just and fair and the same had been passed after carefully
appreciating all the circumstances and interest of all sections of the
residents of Jodhpur.
milkmen were provided sufficient opportunity to shift from the city of Jodhpur. It was stated that the members of
the appellant Samiti were allotted plots at nominal rates for construction of
milk dairies way back in 1956.
was a condition in the letter of allotment that the allottees shall carry out
constructions according to the type design issued to them. However, no
construction in accordance with the type design was carried out by the milkmen.
Most of the milkmen had constructed houses and shops in the plots meant for
milk dairies. The milkmen were leaving their cattle stray on the roads, which
were leading to public nuisance, accidents etc. It was further argued that a
bare perusal of the various orders passed by the High Court would make it clear
that sufficient opportunities were granted to the milkmen to shift from the
city of Jodhpur and a specific undertaking was also given on their behalf
before the High Court that they would shift from the city of Jodhpur within a
specific period. However, they neither shifted from the area nor deposited the
requisite amount with the Government. On the other hand, the Government had
already developed a pond at the site as per directions of the High Court. The
plea of the appellant Samiti was without any basis that the land could not be
developed so far.
learned counsel for the State further drew our attention towards the public
notice dated 20.7.2004 issued by the Office of Municipal Corporation, Jodhpur
and notification dated 23.7.2004 issued by Urban Improvement Trust, Jodhpur,
which read as under:
of Municipal Corporation, Jodhpur.
Writ/Stray Cattle/04/S.P.3 Dated: 20.7.2004 PUBLIC NOTICE In the Hon'ble High
Court of Rajasthan at Jodhpur, a Writ Petition No. 4409/94
relating to stray cattle is pending for consideration. In this writ petition,
the Hon'ble High Court has passed the orders from time to time in which it has
found that in Jodhpur city on roads, ways in colonies, bastis
etc., the cattle wander in stray condition. In this connection, the Hon'ble
High Court has given orders to the Town Development Trust that in the city for
cattle dairies in Barli area plots should be allotted in which the cattle
dairies which are at present in city should be shifted in that area.
this purpose, the owner of the cattle should get the certificate of owner of
the cattle/guardian of the cattle and then an application should be submitted
for allotment of plot by these persons in the Town Development Trust. Some persons
have given such applications for allotment of plot and out of them the plots
have been allotted by the trust on 6.1.2004. The Hon'ble High Court has passed
the orders to shift the dairy owners who are in the city at present and also to
apply for allotment of plots by giving application to the Town Development
Trust. This order has been issued to the corporation that those cattle owners
who are not shifting their dairies out of the city should be sealed. The Hon'ble
High Court on 12.7.2004 has passed the order that all the owners of the animal
husbandry should be transferred out of the city.
it is requested to all the cattle owners that they should transfer/shift their
animals within 7 days from the receipt of this notice out of the boundary of
Municipal Corporation failing which the proceedings with the help of District
Administration to transfer/shift their animals outside the boundary of
corporation and expenses to be recovered from the owners of the animals. The
proceedings for contempt of court order shall also be started against them.
Chief Executive Officer Municipal Corporation, Jodhpur" "Office of Urban Improvement Trust, Jodhpur.
1348 Dated: 23.7.2004 NOTIFICATION It is informed to all the animal husbandry
holders that in the implementation of the Hon'ble High Court order the scheme
has been prepared by the trust which is in New/Nai Milkmen colony at village Barli
in Kharas No.88, for which the application form should be filled after
obtaining from the trust office within 7 days. These forms should be submitted
in the office of the trust for which the proceedings of the distribution of
plots shall be started for the animal husbandry holders. The terms and
conditions of the allotment of the plots are given as below.
of animal husbandry of the applicant, which should be certified by the
corporation of Jodhpur and it is necessary that this
certificate should be attached with the application form.
The demand draft
of Rs.1000/- (One Thousand Rupees) as an earnest money should be attached in
the name of Secretary, Town Development Trust, Jodhpur.
The whole amount
should be deposited after obtaining the order of the allotment of the plot
within 30 days. An allotment will be done at the reserved rate.
In this scheme,
the cancellation of the corner plots will not be done. The execution rules of
1974 of Rajasthan Town Development will be applied on the allotments.
The use of the
allotted plot will be done only for animal husbandry and the work regarding
transferring the animal husbandry should be started as early as possible in his
allotted plot by the allottee.
Secretary Town Development Trust, Jodhpur" In the background of the above
notifications, the learned counsel appearing for the State stated that the respondent
State Government had complied with the orders of the High Court. The members of
the appellant Samiti were not complying with the orders of the High Court and,
therefore, no interference was called for in the impugned orders of the High
No.4, Rajasthan Chapter of Indian Association of Lawyers, who filed the writ
petition in the High Court, also sought dismissal of the present appeals on the
ground that the appellant Samiti itself chose to undertake before the High
Court that the milkmen were willing to shift their dairies from the milkmen
colony and that for this purpose, the milkmen repeatedly sought time from the
High Court. The High Court found the milkmen resiling from their undertakings
that they were ready to shift from the city of Jodhpur and thereafter the High Court issued certain directions to
the Government to comply with its earlier orders regarding shifting of milk
dairies from the city of Jodhpur. It was only after these directions
that the milkmen have come to this Court. It was further argued that the High
Court had nowhere said that the milkmen would be deprived of the plots allotted
to them. Only the dairies had been directed to be shifted out of the city of Jodhpur. The High Court never gave any
direction affecting ownership of the plots of the milkmen in the milkmen
colony, which now fall in the heart of the city after expansion. The High
Court's directions are based on larger public interest and protection of clean
and healthy environment.
Gaur & Others v. State of Haryana & Others reported in (1995) 2 SCC
577, referring to principle No.1 of Stockholm Declaration of United Nations on
Human Environment, 1972, this Court observed that right to have living
atmosphere congenial to human existence is a right to life. The State has a
duty in that behalf and to shed its extravagant unbridled sovereign power and
to forge in its policy to maintain ecological balance and hygienic environment.
Where in the Zonal plan, a land is marked out and reserved for park or recreational
purpose, it cannot be allotted for building purpose though housing is a public
it was observed that though the Government has power to give directions, that
power should be used only to effectuate and further goals of the approved
scheme, Zonal plans etc. and the land vested under the Scheme or reserved under
the plan would not be directed to be used for any other public purposes within
the area envisaged thereunder.
it is true that the High Court has directed the relocation of the milk dairies
from the city of Jodhpur on the grounds mentioned above and the same may cause
some inconvenience to a set of people of the Society but the sole aim, object
and spirit of the order was to meet the community need. Clean surroundings lead
to healthy body and healthy mind. The public interest has to be understood and
interpreted in the light of the entire scheme, purpose and object of the
enactment. The hazard to health and environment of not only the persons
residing in the illegal colonization area but of the entire town as well as the
provision and scheme of the Act have to be taken into consideration. [See:
Administrator, Nagar Palika v. Bharat & Others reported in (2001) 9 SCC
the facts set out above and on hearing the rival contentions of the parties,
avowedly, the menace by stray cattle has grown without any check from the
authorities in the city of Jodhpur. The
plots meant for developing milk dairies have become large commercial houses.
The manner in which such large-scale violations continue leaves no doubt that
it was not possible without the connivance of those who are required to ensure
compliance with law and the reasons are obvious. Such activities result in
putting extra load on the infrastructure. The entire planning has gone haywire.
law-abiders are sufferers. All this has happened at the cost of the health and
decent living of the residents of the city violating their constitutional
rights enshrined under Article 21 of the Constitution. The Government and its
agencies have been negligent in discharging of their functions and obligations.
Inaction by the Government amounts to indirectly permitting unauthorized use
which amounts to the amendment of the master plan without following due
Mehta v. Union of India & Others reported in (2004) 6 SCC 588].
State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat
& Others reported in (2005) 8 SCC 534, this Court held as under:
The court should guard zealously Fundamental Rights guaranteed to the citizens
of the society, but at the same time strike a balance between the Fundamental
Rights and the larger interests of the society. But when such right clashes
with the larger interest of the country it must yield to the latter.
wherever any enactment is made for advancement of Directive Principles and it
runs counter to the Fundamental Rights an attempt should be made to harmonise
the same if it promotes larger public interest." In Milk Producers
Association, Orissa & Others v. State of Orissa & Others reported in
(2006) 3 SCC 229, this Court considered the question of town planning and
removal of encroachment by the milk dairies. In that case, this Court
considered the law as laid down by this Court in its earlier decisions. The
relevant para is quoted as under:
The question came up for consideration, in Friends Colony Development Committee
v. State of Orissa reported in (2004) 8 SCC 733, wherein this Court observed:
individuals as property owners have to pay some price for securing peace, good
order, dignity, protection and comfort and safety of the community. Not only
filth, stench and unhealthy places have to be eliminated, but the layout helps
in achieving family values, youth values, seclusion and clean air to make the
locality a better place to live. Building regulations also help in reduction or
elimination of fire hazards, the avoidance of traffic dangers and the lessening
of prevention of traffic congestion in the streets and roads. Zoning and
building regulations are also legitimised from the point of view of the control
of community development, the prevention of overcrowding of land, the
furnishing of recreational facilities like parks and playgrounds and the
availability of adequate water, sewerage and other governmental or utility
services." On careful consideration of the arguments advanced on behalf of
the parties and the case law as discussed above, we are of the opinion that the
High Court was fully justified in entertaining the writ petition filed in public
interest. The High Court rightly opined that it is the dire need of the city of
Jodhpur to relocate the milk dairies which
were creating nuisance for the citizens of the city of Jodhpur. We do not find any illegality in
the directions of the High Court particularly when the High Court did not give
any directions affecting their ownership of the existing plots though these
plots of land were allotted to them on a highly concession rate (Rs.2 per
square yard) for a definite purpose and majority of the milkmen did not use the
land for the purpose it was allotted to them.
what remains to be dealt with is the plea raised by the appellants regarding
relocation of the milk dairies on any site other than Barli. We are of the
opinion that the appellant Samiti cannot take this plea at a belated stage. The
milkmen have already undertaken before the High Court to shift at the place
earmarked by the Government of Rajasthan and have sought more time for the said
purpose. Even the extended period for shifting has lapsed a long time ago. The
Government of Rajasthan has earmarked and allotted the land on experts' advice.
In view of the directions of the High Court, the Government of Rajasthan has
already provided basic amenities at the New Milkmen Colony.
plots have been allotted to a number of milkmen in view of the notification
issued by the State Government.
Government is the best judge of what is good for the community. Therefore, the
decision of the Government of relocating the milkmen to a new site can not be
questioned at this stage particularly when the State Government has taken the
decision based on expert's advice in the larger public interest.
been submitted on behalf of the State Government that the State has taken all
steps in pursuance to the directions of the High Court and has made available
2500 bighas of land to the Urban Improvement Trust, Jodhpur for the purpose of shifting dairies
from the city of Jodhpur. The State Government has also made
available a sum of Rs.50,00,000/- to the Municipal Corporation to meet the
for purchase of
fodder for the stray cattle.
Collector, Jodhpur has further made 500 bighas of land
available to the Municipal Corporation in Kali Beri, Soor Sagar, Jodhpur for creation of a pond. The land
and the money made available by the respondent State should be meticulously
used for the same purpose.
Patel & Others v. Nagrik Upbhokta Marg Darshak Manch & Others reported
in (2000) 3 SCC 29, this Court has laid down that in a situation where the
interest of the community is involved, the individual interest must yield to
the interest of the community or the general public.
have heard the learned counsel for the parties at length and carefully perused
the orders passed by the High Court from time to time. In our considered view,
no interference is called for in the impugned judgment.
consideration of the totality of the facts and circumstances of the case, in
the larger interest of the citizens of Jodhpur, we issue the following directions:
We direct the
dairy owners/operators who were allotted land in the milkmen colony at Pal
Road, but are still continuing to operate within the city limit to shift to a
new colony which has been made available to them by the respondent State as
expeditiously as possible and in any event on or before 31st March, 2007;
The other milk
dairy owners/operators who are running the dairies and keeping their cattle in
the city of Jodhpur but have not been allotted land
shall also shift their dairies and their cattle outside the city of Jodhpur on or before 30th April, 2007. The respondent State of Rajasthan and the Municipal Corporation at Jodhpur are directed to ensure that
necessary facilities and infrastructure as directed by the Division Bench to
the dairy owners/operators are provided, if not already provided;
Corporation of Jodhpur is directed to remove unattended stray animals, such as,
stray cattle, bulls, dogs, pigs etc. from the city of Jodhpur as expeditiously
as possible and in any event on or before 30th April, 2007;
State Government is directed to frame guidelines regarding proper use of
plastic bags in the State because number of deaths of cattle on account of consuming
of plastic bags have been reported. The State Government is directed to frame
necessary guidelines on or before 31st March, 2007;
Corporation is directed to ensure that used plastic bags and other plastic
materials must be separated from other garbage and destroyed to prevent their
consumption by cattle, bulls and other animals;
State Government and the Corporation are directed to ensure that the basic
infrastructure is made available to the milk dairy owners/operators as
expeditiously as possible and in any event on or before 25th March, 2007;
In order to
ensure meticulous compliance of the directions of this Court and that of the
High Court and to ensure relocation of the milk dairies, we direct the
Committee appointed by the High Court to submit compliance report on or before 7th May, 2007.
appeals to be listed for further directions on 14th May, 2007.