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Synopsis

In Public Interest Litigation over the stray dogs issue in residential areas, the Orissa High Court ordered compensation of Rupees ten lakhs to a man who lost his only son in a canine attack.

The bench of Acting Chief Justice BR Sarangi and Justice Murahari Sri Raman noted that the Municipal Administration, by handing over Rs.50,000 to the parents of the deceased child, had washed their hands and were sitting tight without taking any remedial measure, “which was very painful”.

"Payment of compensation for the incident occurred on 01.12.2016 is not a matter of showing sympathy or obligation or compassion. Rather, it is to be seen whether the parents, who have lost their only child, are adequately compensated for the irreparable loss or damages caused to them due to negligence and callous attitude of the Municipal Administration", said the bench.

Court underscored that personal liberty has an important role to play in the life of every citizen and enjoyment of a quality life by the people is the essence of the guaranteed right under Article 21 of the Constitution.

Corut referred to a catena of top court rulings on the fundamental rights of the citizen and held that the State should ensure right to life with human dignity of its citizens by providing adequate protection and in the absence of the same, "it can be inevitably concluded that the State and its instrumentalities have lacked in shouldering their responsibility and utterly failed in due discharge of their duty as enshrined in the Constitution of India".

Therefore, while holding that in the present case, the street dogs attack within the Puri Municipality area could be regulated by the provisions of the Odisha Municipal Act, 1950 and the cleanliness of the town and maintenance of the stray dogs and pigs were the statutory responsibility of the Municipal Authorities, the high court ordered the Puri Municipal Corporation to pay the compensation to the parents.

In 2016, while playing by the side of his house adjacent to the public road, the child was attacked by four furiously roving dogs as if they were hunting. Hearing his cry, his mother and nearby neighbours came to the spot immediately, but the attack of the street dogs was so furious that within 2 to 3 minutes the child breathed his last.

The incident was published in newspapers by which the petitioner of present PIL, Advocate Bibhuti Charan Mohanty came to know about the plight of the parents of deceased's child.

Through his plea, Advocate Mohanty sought direction to the opposite parties to control and check the roaming dogs within the human inhabitants and take necessary, appropriate, or adequate action for the protection of human lives. Along with that, he sought payment of compensation of Rs.10 lakhs to the family of the deceased child as well.

 

Case Title: Bibhuti Charan Mohanty v. State of Odisha and Ors