High CourtsDivision Bench(2018) 02 J&K CK 0057

SAVE through its Chairman vs State of J&K and others

Jammu And Kashmir High Court · Decided on 9 February 2018

HON’BLE JUDGES
Badar Durrez Ahmed, Dhiraj Singh Thakur
CASE NUMBER
25 of 2017

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Judgment

21 paragraphs · 452 words
1.

Following up on the directions given in the order dated 16.11.2017 and 22.11.2017, it now appears that many of the un-licensed dairy owners

had applied for licenses but their licenses, for one reason or the other, have been rejected by the Jammu Municipal Corporation. Such applicants,

of course, have remedies under the Act itself, which they may avail of.

2.

A general complaint has been made on behalf of the dairy owners that the State Pollution Control Board is not responding to the applications

made by them for issuance of the No Objection Certificates. We, consequently, direct the State Pollution Control Board to take prompt action on

the applications and decide the same one way or the other, and not later than two weeks from today.

3.

We have also noticed that the City of Jammu, and particularly within the limits of the Jammu Municipal Corporation, has a large number of stray

cattle. One of the estimates, which have been indicated before this Court, was around 2000 to 2500 stray cattle. Insofar as the registered dairies

are concerned, there is already a provision in law for all the cattle being tagged. This would ensure the identity of the cattle. However, insofar as

the stray cattle are concerned, there is no such tagging policy. The learned counsel for the Jammu Municipal Corporation submits that the

Corporation would undertake the tagging of stray cattle so that each stray animal is identified and their numbers would be known for the purpose

of removing them to the cattle pounds.

4.

It is also clear that the cattle pound at Dogra Hall has insufficient space and cannot house all the stray cattle. For this purpose we had directed

the Deputy Commissioner, Jammu to respond to the request of the Jammu Municipal Corporation for allotment of 100 kanals of land for a cattle

pound. We are now informed by the learned counsel for JMC that a site at Keran, Ban Talab, Jammu, has been identified and the process of

handing over/ taking-over is to be done shortly. The said process be completed within one week.

5.

On the next date of hearing the learned counsel for the Municipal Corporation shall place before this Court a comprehensive plan for tagging of

stray cattle and also a report with regard to the inspections made by them in connection of tagging of cattle in registered dairies.

6.

The learned counsel for the petitioner has made some suggestions based on the directions given with regard to the stray cattle by the Delhi High

Court. The same may also be taken note of by the learned counsel for the JMC and, if possible, adopt the salient features thereof.

7.

Re-notify on 23.02.2018.