Gujarat High Court Pulls Up State Govt, Ahmedabad Municipal Corporation For Inaction On Stray Cattle 'Menace', Orders State To Frame Policy

The Gujarat High Court has pulled up the state government and the Ahmedabad Municipal Corporation (AMC) for their failure to frame and implement effective policies or guidelines to address the stray cattle menace.

The court directed the State to urgently formulate a comprehensive policy or issue administrative directions to control the cattle menace throughout the entire state.

“It is not disputed that stray incidents of death due to Cattle Menace have not stopped. It is noticed by us that even the officers, who are on ground and are enforcing the directions issued by this Court are being assaulted by the perpetrators. The orders also reflect that in fact, other States have already framed the guidelines / policy / law to answer the Cattle Menace however, in the present case, despite various directions issued by this Court, no law in form of instructions or guidelines is framed,” the division bench of Justices A S Supehia and M R Mengedey observed.

During the hearing, Senior Advocate Mihir Joshi, representing the respondent Ahmedabad Municipal Corporation, submitted that a policy to address the cattle menace had been framed but was returned by the Standing Committee in April 2023 for further examination. When questioned about the corporation's intention to frame a policy, Joshi assured the court that the matter would be re-evaluated by the Standing Committee.

The court noted that it had repeatedly issued directions concerning 156 Nagarpalikas (municipalities) and 8 corporations in the state, urging compliance with its orders and directions. However, even after four years, neither the respondent corporation nor the state government had formulated any concrete policies, guidelines, or administrative instructions to regulate the cattle menace, it added.

“From the orders, which are passed by the Coordinate Bench and this Court, it is axiomatic that neither the respondent-Corporation is seriously considering the impact of the Cattle Menace nor the State authority is inclined to address the issue immediately so that no citizen looses the life or suffers from grievous or fatal injuries,” the court said while expressing disappointment over the issue.

The court criticised the state government for its lack of action, emphasizing the urgency of implementing measures to prevent further loss of life or injuries caused by the cattle menace.

“The Coordinate Bench of this Court has in fact, expressed hope and trust that concrete proposal would be placed not only for controlling the State Cattle Menace but also implementation of the directions issued by this Court in the captioned writ petition. Despite the aforesaid assurance, we did not find that any concrete proposal in the form of consolidated circular is filed or prepared, except that the same is discussed in meetings,” said the court.

The order was issued in a contempt petition that highlighted the non-compliance of court orders and directions issued in a public interest litigation since 2017, focusing on maintaining traffic and road conditions and controlling cattle-related issues.

"In order to see bona fide of the State as well as the respondent-Corporation that further steps are taken with regard to framing of policy, the matter is kept for further hearing on 19.07.2023," said the court.

Case Title: MUSTAK HUSSAIN MEHNDI HUSSAIN KADRI Versus JAGADIP NARAYAN SINGH, IAS

R/MISC. CIVIL APPLICATION NO. 979 of 2019 In R/WRIT PETITION (PIL) NO. 170 of 2017

With

R/WRIT PETITION (PIL) NO. 139 of 2021

With

CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2023 In R/WRIT PETITION (PIL) NO. 139 of 2021

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