Sh. Rajiv Boolchand Jain v. Union of India and Ors

ORDER oh

17.10.2012

¶1This petition filed in public interest seeks a direction "for proper planning and executing the process of sterilization to the stray dogs, which are present in various colonies of Delhi and India". It is the case of the

¶0petitioner that stray dogs have become tKe big nuisance in all colonies of Delhi including the petitioner's residential area of Jangpura; however the killing of stray dogs has been barred as per the orders and directions of the Supreme Court of India as cruelty to the animals; thus the petitioner seeks alternative rernedy for periodic sterilization of stray dogs to check their growing number. It is further pleaded that such stray dogs generally bite children, ladies, beggars, pedestrians and bikers. Though the petitioner trP(c) 6622/20 t 2 Page I of2 t fr a admits existence of a programme for sterilization but contends that the success thereof hinges on the sterilization of at least 70Yo of stray dogs in a given area within six months, before the nextfrTJductive cycle begins and .\ which task is not being accomplished.

¶2Though the petitioner, as aforesaid, admits existence of a programme for sterilization of stray dogs but has not named the same. We find the Animal Birth Control (Dogs) Rules, 2001 to have been framed in this regard in exercise of powers under Section 38(1X2) of the Prevention of Cruelty to Animals Act, 1960. The said rules, inter alia, provided that capturing of dogs shall be either based on specific complaints or generally on receipt of specific complaints about the nuisance or a dog bite. The petitioner is perhaps not aware thereof.

¶3We therefore do not deem it proper to entertain this petition in public interest and dispose of the same with liberty to the petitioner to seek relief, if anv. under the Rules aforesaid. No costs. )\ l a\tb,1 CHIEF.ltSrrCn ocToBER 17, 2012 pk rrP(c) 6622/20t 2 RAJIV SAHAI ENDLAW, J

r {,( i \ /\\ \J/ THE HIGH COURT OF DELHI AT NEW DELHI fr $-31 *IN + w.P.(c) 662212012 SH. RAJIV BOOLCHAND JAIN ..... Petitioner Through: Mr Pawan Kumar Ray, Adv. versus LINION OF INDIA AND ORS ..... Respondents Through: Mr. Sachin Datta, Adv. for UOI Mr. Arjun Pant, Adv. for Il2&3 Mr. Mukesh Gupta, Adv. for R4&5 Mr. Ajay Arora, Adv. for MCD CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW