Allahabad High Court grants 10 days' more time to Lucknow Nagar Nigam to file affidavit on compensation in dog attack case

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Synopsis

An eight-year-old boy and his sister were mauled by more than 20 stray dogs in Lucknow when they were returning home from their father's nearby shop. 

In the suo moto Public Interest Litigation (PIL) registered after the death of an eight-year-old boy who was mauled by more than 20 stray dogs in Lucknow, Uttar Pradesh, the Allahabad High Court has granted ten days' more time to Nagar Nigam to file affidavits on the question of monetary compensation to the family of the deceased child. 

When the matter was taken up by the bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh on Tuesday this week, the counsel for the Nagar Nigam, Lucknow informed the court that affidavits, as sought by the court on the last date of hearing, are under process of being prepared, and ten days further time is required. 

Court acceded to his request and while granting more time to Nagar Nigam, it posted the matter on September 19, 2022 for further hearing. 

On July 8, in pursuance of court's earlier order, the Additional Advocate General informed the court that the District Magistrate, Lucknow had accorded his sanction to provide a sum of Rs.1,50,000 to the family members of the deceased child from Lucknow Rifle Club.

However, court opined that the adequate compensation to the family of the deceased child should be a sum of Rs. 10,00,000.

Consequently, court asked the counsel for the Nagar Nigam to file an affidavit stating as to why Rs. 10 Lakh could not be paid to the family as compensation. 

Moreover, court asked the counsel for Nagar Nigam to file a separate affidavit as to the legal position and compliance thereof by Nagar Nigam for ensuring safety of street dogs.

Court directed that the second affidavit shall clearly state the steps which are being taken or which might have been taken in past not only to save the citizens of the city from the menace caused by the street dogs but also as to whether any measures for securing safety of street dogs have been taken.

Case in brief: 

The deceased child and his sister were attacked by a pack of dogs in Lucknow when they were returning home from his father's nearby shop. News reports covering the incident were published in ‘Dainik Jagran’ and the ‘Times of India’ and taking the same into account, the Lucknow Bench of the high court took suo moto cognizance of the issue of menace created by stray dogs in month of April this year.

Case Title: Suo-Moto In Re- Menace Created By Stray Dogs v. State of UP and Ors