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Synopsis

While observing that in absence of any specific instance by the petitioner showing as to how rules are violated, a writ of mandamus cannot be passed in the air, the Delhi High Court on Monday dismissed a plea seeking strict implementation and enforcement of provisions issued by the Ministry of Environment, Forest & Climate Change, on the occasion of Bakra-eid.

The bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad refused to entertain the writ petition.

The petitioner, Ajay Gautam also sought directions to the respondents to ensure that no cattle markets are held in Delhi without obtaining prior permission of the competent authorities as per law on the occasion of Bakra-eid.

The plea was filed before the Bakra-eid this year which was celebrated on June 29, 2023.

The petitioner, through the plea, stated that during Bakra-eid/Eid-Ul-Addha which is celebrated throughout the country, innocent and helpless Goats/ships/ bullock are mercilessly butchered throughout the country in the name of sacrifice during this festival.

He further stated that cattle markets are held at various places viz. Jaffrabad, Okhla, Jamia, Jama Masjid, Seelampur, Inderlok, Jamia amongst others without obtaining prior permission of the Administration or its competent authorities.

The petitioner also stated that other than above mentioned places, illegal markets are held at several other places which badly impact the flow of traffic in and around the places where these markets are held. It was further stated that animals are sold in these markets for earning more money.

Furthermore, he stated that these animals are treated with extreme cruelty without making necessary arrangements. It was also stated that these illegal markets are held in the open under scorching sun and cattle traders treat animals mercilessly and inflict maximum cruelty on the animals with the sole aim of earning money to make a hefty profit.

The court said, "Other than making some bald averments, no specific case has been highlighted in the instant Writ Petition. However, the petitioner filed certain photographs which claimed to have been clicked in the year 2021-22".

“It is needless to state that the State Government will adhere to the notification dated 23.05.2017 issued by the Ministry of Environment, Forest & Climate Change by which Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 were brought into force”, the bench said.

“The said Rules mandates registration of existing animal markets. It lays down procedure of establishment of new animal markets, functions of District Animal Market Monitoring Committee, prohibited practices that are cruel and harmful to the animals, etc. These Rules also lay down that no person shall cause or permit any injury or unnecessary pain or suffering to an animal in an animal market”, it added.

While dismissing the plea, the court said, “However, it is always open for the Petitioner to approach this Court by showing specific instances of violation of the Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017”.

Case Title: Ajay Gautam v. Delhi State Advisory Board for Animal Welfare & Anr.