Title: Rav Pratap Singh v. Anurag Aggarwal & Ors.
Decided on: 12.10.2023
Citation: COCP-1121-2017 (O&M) COCP-1182-2017 (O&M)
Coram: Arvind Singh Sangwan
Introduction
The Punjab & Haryana High Court directed the Deputy Commissioner, Ambala to take prompt action in the matter of the menace created by stray dogs. Justice Arvind Singh Sangwan gave direction to Deputy Commissioner, Ambala to remove the stray dogs from the nearby areas of the Judicial Complex, where the residences of the Judicial Officers are situated and rehabilitate the stray dogs at the outskirts of the city, which is less populated area with immediate effect.
Facts of the Case
The Court preponed the petitions on receiving a complaint given by Mr. Phalit Sharma, Additional District and Sessions Judge, Ambala, from the District and Sessions Judge, Ambala. Mr. Phalit Sharma in his complaint highlighted the menace created by stray dogs in residential areas where various judicial officers and general public are residing. He further stated in the complaint that he has been attacked twice by the stray dogs and other officers and public have also faced similar attacks from the dogs. Even the people commuting by two wheelers are facing such horrifying experiences.
The Complaint further stated that the Deputy Commissioner, Ambala is paying no heed to the requests made by Mr. Phalit Sharma to follow the directions passed by Hon’ble High Court concerning checking stray dog menace. The complaint also quoted several judicial pronouncements regarding stray dogs wherein Hon’ble Apex Court can be seen equally concerned about Stray Dog Menace.
Hence, Mr. Phalit Sharma through this complaint seeks intervention of the High Court in order to compel the Deputy Commissioner, Ambala to take appropriate action to curb the menace of stray dogs.
Court’s observation and analysis
The Counsel, appearing for the state of Haryana submitted that the Urban Town Planner, Municipal Corporation, Ambala has invited e-Tenders for the sterilization and vaccination of the stray dogs in Ambala. However, the High Court was of the view that the said action is not immediate and effective in nature. There is a need to grant relief to the judicial officers urgently.
Therefore, the High Court directed the Deputy Commissioner, Ambala to immediately look into the matter and remove the stray dogs from the nearby areas of the Judicial Complex, where the residences of the Judicial Officers are situated and rehabilitate the stray dogs at the outskirts of the city, which is less populated area.
Further, the Counsel, appearing for the Municipal Corporation, Chandigarh, submitted that Byelaws have been framed and it has been put to the House for approval, wherein it has been proposed that six breeds, i.e. American Bull Dog, American Pitbull, Bull Terrier, Cane Corso, Dogo Argentino, Rottweiler, and all of their cross breeds will not be permitted to be kept in residential area in any manner.
Conclusion
The rights of human beings cannot be compromised in the name of compassion for animals. This principle was aptly applied by the Punjab & Haryana High Court in the present case wherein the Court ensured protection to the residents by directing the Deputy Commissioner, Ambala to take prompt action to curb the menace of stray dogs. Every individual is entitled to live in a safe and sound environment and it is the duty of the authorities to ensure the same.
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Written by- Amrita Rout
