IN THE HIGH COURT OF BOMBAY AT GOA, PANAJI
WRIT PETITION NO. 373 OF 1998
People for Animals and another
Panaji Municipal Council and others
Petitioners represented by Advocate Shri M.S. Sonak
Respondent No. 1 represented by Advocate Shri S.S. Kantak
Respondent Nos. 2 and 5 represented by Government Advocate Shri H.R. Bharne
Respondent No. 3 represented by Advocate Shri A.N.S. Nadkarni with Advocate Shri P.A. Kamat.
Respondent No. 4 represented by Advocate Smt. A.A. Agni
CORAM: R.K. Batta and R.M.S. Khandeparkar, JJ.
Date: 20th July, 1999
ORAL ORDER: (Per Batta, J.)
In this petition, the petitioners have sought directions to respondent no. 5 to take appropriate steps to ban the practice of dog shooting in the State of Goa and that the shooting of dogs is in violation of the Prevention of Cruelty to Animals Act, 1960. When the matter came up at the admission stage, it was noticed that the State Government had not implemented the provisions of Prevention of Cruelty to Animals Act and the Animal Welfare Board as provided in the Act has not been constituted. In view of the same by interim order, the respondents were directed not to continue with the shooting of healthy dogs and the respondents should lay down a policy and guidelines stating which dogs require to be eliminated. Subsequently, the Panaji Municipality had placed a tentative scheme and the scheme was placed before the Government of Goa. The State Government was accordingly directed to inform what action is being taken on this scheme as well as for setting up of a State level Animal Welfare Board and setting up of infirmaries under the said Act. The scheme proposed by Panaji Municipality as well as the setting up of infirmaries was also placed before the Advisory Board for Animal Welfare.
2. Heard learned Advocate for the petitioners and learned Advocates for the respondents.
3. The Director of Animal Husbandry and Veterinary Services has placed before us the minutes of the second meeting of State Advisory Board for Animal Welfare held on 28.6.1999 (Annexure 1) with affidavit dated 19.7.1999 of the Director of Animal Husbandry and Veterinary Services, scheme to control population of stray dogs in the Panaji Municipal Council area (Annexure II to the said affidavit) as well as the decision taken by Government of Goa (Annexure III to the said affidavit). The Government of Goa has approved the implementation of the scheme to control the population of stray dogs in Panaji Municipal area and has decided to waive the service charge of Rs. 100 per operation of sterilization of stray dog. The Government has approved to set up one sub-centre at Goseva Ashram, Usgaon to provide treatment to Ashram animals and the animals kept at the infirmary without any service charges. Besides that, the Government has also approved to provide grant-in-aid of Rs. 20,000 during the current year to Dwarkapuri Goseva Ashram, at Tiska, Usgaon. The financial assistance in the net financial year will be considered after assessing the expenditure incurred and the number of animals kept in the infirmary during the current year.
4. Learned Government Advocate Shri Bharne stated that this scheme will be implemented in all parts of Goa.
5. In view of the affidavit dated 19.7.1999 of the Director of Animal Husbandry and Veterinary Services enclosing minutes of the Second meeting of the Goa State Advisory Board for Animal Welfare dated 28.6.99 (Annexure I), Scheme to control population of stray dogs (Annexure II) and the decision taken by the Government of Goa (Annexure III), no further directions are required to be made in the petition and the petition stands disposed off in aforesaid terms. In the facts and circumstances of the case, there shall be no order as to costs.