A Division Bench comprising the Chief Justice, A.A. Sayed and Justice Jyotsna Rewal Dua, passed this order on a Public Interest Litigation filed by Bakshdeep, resident of Dharamshala Town, who is 4th year student of B.B.A., L.L.B, National Law University, Shimla.
The notice has come at a time when the BJP had "triple Engine Government" as it ruled MC Dharamshala, its local MLA was from BJP and besides the state and central governments.
BJP had claimed to build Gau sanctuaries and Gau sadan to check the stray cattle menace in the state. .
The petitioner has alleged that there are 20-25 stray cattle, roaming freely through the roads, streets and markets in Dharamshala town.
Due to no availability of shelter, the stray cattle take refuge in the rain shelters and streets and all rain shelters and street are replete with the cow dung.
It has been alleged that recently a bull from amongst the herd of stray cattle attacked one Sh. Tajinder Singh, a senior citizen with ferocity.
Tajinder Singh sustained a severe head injury and is undergoing medical treatment in Zonal Hospital Dharamshala.
There are certain other incidents of local residents being attacked by the bull.
The petitioner has further alleged that due to inaction on the part of administration and Municipal Corporation, there is a constant fear amongst the local residents of the town from such attacks by the stray cattle and consequential injuries.
The issue raised by way of present PIL does not only relate to safety and security of local residents, but also to the rights of stray cattle who due to non availability of appropriate shelter and animal feed are compelled to feed on garbage, spend nights on the roads and in rain shelters.
The petitioner has prayed to take legal action against respondents in order to obviate the menace of stray cattle in M.C Dharamshala and its surrounding areas.
They must make arrangements for their care in accordance with law in the interest of justice.