The Chhattisgarh High Court constituted a Committee to address the rising cases of accidents due to uncontrolled movement of stray cattle and animals on roads.
The Division Bench of Chief Justice Ramesh Sinha and Justice Rajani Dubey heard the two Public Interest Litigations (PILs) highlighting about a very serious menace because of wandering of stray cattle all along the roads in the State of Chhattisgarh. The instances of threat to life as well and some fatal accidents occurred recently have been given in the writ petitions. It also poses danger to the lives and limbs of innocent cattle folk wandering or resting on the roads; which includes milking cows and little calves.
The State counsel submits that looking at the problems being faced due to such stray cattle various schemes have been launched and being implemented so as to provide incentives to their owners for keeping such stray cattle within the bounds.
Considering the submissions of the counsel for parties and reply filed by the respondents, the Bench noted that there are provisions of law and the Acts, but it is not being followed and implemented in its letter and spirit, therefore, it is necessary to constitute a Committee for proper implementation of the aforesaid provisions of law and the Acts.
Under these circumstances, the Court constitute a Committee with the following members :
1 The Chief Secretary, Government of Chhattisgarh, Mantralaya, Nawa Raipur, District Raipur (C.G.) : Chairman
2 The Special Secretary, Government of Chhattisgarh, Department of Urban Administration & Development Mantralaya, Nawa Raipur, District Raipur (C.G.) : Member
3 The Secretary, Government of Chhattisgarh, Department of Panchayat & Rural Development Mantralaya, Nawa Raipur, District Raipur (C.G.) : Member
4 The Secretary, Government of Chhattisgarh, Department of Veterinary, Mantralaya, Nawa Raipur, District Raipur (C.G.) : Member
5 The Additional Director General of Police (Traffic), Police Headquarters, Nawa Raipur, District Raipur (C.G.) : Member
6 Regional Officer, Ministry of Road Transport & Highway (MORTH) NH Campus, Pension Baba, Raipur (C.G.) 492001 : Member
7 Regional Officer, National Highways Authority of India (NHAI), Regional Officer, Raipur, House No. F-1, Anupam Nagar near T.V. Tower, Raipur (C.G.) 492006 : Member
8 Chief Engineer, PWD, NH Division, NH Campus, Pension Baba, Raipur (C.G.) 492001 : Member
The Bench directed that the aforesaid Committee shall look into the aforesaid aspect and implement the aforesaid provisions of law and the Acts from Panchayat level to State level and shall monitor that all stakeholders are implementing the aforesaid provisions of law and the Acts, failing which, the stringent action would be taken against them. They are to be answerable to the Court for not proper implementation and there will be monthly monitoring in the said matter.
The Committee shall ensure removal of unattended stray animals such as stray cattles and bulls, from all the National Highways and State Highways within the jurisdiction of State of Chhattisgarh, as well as from the roads within the jurisdiction of Municipal Councils, Gram Panchayats and other concerned departments. It can ensure that the Municipal Corporations, Municipal Councils, Gram Panchayats and other concerned departments may devise sufficient mechanisms to catch stray cattle and animals found on roads and streets. Once they are caught, they shall be impounded and may be released to owners after taking appropriate proceedings against them along with payment of fine as per the provisions of prevailing laws, if any.
The committee may ensure that the Municipal Councils, Gram Panchayats and other concerned departments within the State shall relocate stray cattle from the roads to Gaushalas, Gauthans or institutions made for providing shelter to stray cattle. It may also ensure that such areas shall be clean and dry, wherein the cattles may rest. For removal of stray cattle from roads and for the relocation to the Gaushalas etc., the Municipal Corporation and concerned departments shall press into service, sufficient number of persons and vehicles for impounding and relocating animals. The vehicles which are used for carrying impounded cattle and animals shall be fitted with ramps in order to avoid the chances of injury to them.
All efforts shall be made by the Corporation and the State Government to remove cattle from public roads and Highways because stray cattle on the roads and highways are not only hindering the smooth and safe movement of traffic but are also very dangerous and sometimes fatal and are likely to create hygienic problems also.
The committee may suggest hiring of local persons in different villages in the vicinity of National Highway, through contractor, responsible for undertaking Operation and Maintenance of such stretch of National Highway.
The committee may ensure that the concerned departments or committees shall devise sufficient mechanism for putting reflective tapes on the neck of cattles, to enable road users to detect such obstruction from sufficient distance.
The committee may direct the concerned departments to ensure that the cattles located in the towns and cities shall have a tag number tied around their necks and the tag number should be indicative of the name and address of the person to whom the animal belongs so that there will be no difficulty in tracing their owners. This direction shall be carried out by the person(s) owning the cattle. The enforcement of this condition shall be made by the civic authorities.
The committee may ensure that the concerned department may evolve mechanism for providing facilities to the citizens to lodge complaints over these kind of civic issues by circulating to the public at large telephone numbers of team who can remove stray animals. The committee shall find out a permanent solution of cattle menace, may be by enacting appropriate law.
The said Committee shall submit its report on or before 04.09.2023 and the matter is listed again on 04.09.2023 on which date, the Chief Secretary of the State shall file his personal affidavit on the above issues , the Court directed.