GOVINDA CH. PATRA v. CHAIRMAN (MAYOR), CUTTACK MUNICIPAL CORPORATION
1995-10-20
D.P.MOHAPATRA, R.K.DASH
body1995
DigiLaw.ai
JUDGMENT : R.K. Dash, J. - 'Cuttack' which is popularly know as 'Cilver City' of the State has lost its past glory. Blame should go to the public officials in the helm of administration and overall charge of Cuttack Municipal Corporation who by their inaction and indifference have converted the glorious town to cattle sheds. We are constrained to say so because this Court's directions in OJC No. 3176 of 1988 (Madhabananda Pal v. Executive Officer and Ors.), decided on 13th April, 1994, have not been implemented in letter and spirit. In the said case a public spirited person knocked the door of this Court praying for a direction to the Municipal authorities to take appropriate steps to remove the stray bulls, cows and dogs from the public roads within the limit of Cuttack Municipal Corporation. Upon hearing the parties, the writ application was disposed of with the following directions : (i) A committee be formed with the Revenue Divisional Commissioner, Cuttack, as its Chairman and in the said Committee apart from the Chairman, Cuttack Municipality and its Executive Officer, the Collector of the district and the Superintendent of Police should also be its members ; (ii) The Revenue Divisional Commissioner can cope up the public spirited people who should be willing to render their valuable assistance in formulating a scheme to tackle the menace of stray cows, bulls and dogs ; (iii) The Vice Chairman, Cuttack Development Authority should also be a member of the said committee so that if necessary some land could be ear-marked and allotted for the purpose of establishing Kine House ; (iv) The committee would be empowered to suggest any amendment to the Municipal Laws if they find that the existing law is not sufficient to tackle the problem and on such suggestion, if made, the appropriate authority should take steps in that regard ; (v) As an immediate interim measure, the Executive.
Officer of the Cuttack Municipality can publicise and announce that if any person allows their cows, bulls or dogs to roam on the road, the Municipal authorities would be entitled to take them for the purpose of impounding in the Kine House ; (vi) The so-called Dog-squad which is stated to be in vogue should be energised to destroy the stray dogs moving on the roads which will be a step in solving the menace in accordance with the ultimate scheme to be framed ; (vii) The committee in question be constituted by the Govt. in the Urban Development Department bearing in mind our observations made in this case within two months from the date of the receipt of our order and the said committee should frame the scheme within three months from the date of its formulation ; (viii) The Secretary to the Revenue Divisional Commissioner should be appointed as the convener and he should take steps for convening the meeting of the committee ; (xi) It would be open for the petitioner to approach for any further direction in this regard if he finds that the aforesaid committee is not functioning to the satisfaction of all concerned." 2. The writ petitioner alleges that despite the aforesaid directions of this Court no sincere attempts have been made so far by the authorities to check the menace of stray bulls, cows and dogs. The grievance of the petitioner is that be became a victim of attack by a stray cow on 22-8-1994 at about 4.30/5 p. m. hear Collectorate while he was returning from, the Court. The cow attacked him from behind by her horns as a result he sustained injuries to his rectum for which he remained under the treatment of an Assistant Professor of Surgery, S. C. 8. Medical College Hospital Cuttack. He asserts that the said incident Happened due to sheer negligence of Cuttack Municipal Corporation and its authorities, the reason being that no steps were taken to remove the stray bulls and cows from the public streets.
Medical College Hospital Cuttack. He asserts that the said incident Happened due to sheer negligence of Cuttack Municipal Corporation and its authorities, the reason being that no steps were taken to remove the stray bulls and cows from the public streets. Since it is the statutory duty of the authorities of the Corporation to ensure safety of the tax payers living in the city, he has prayed for a direction to the Corporation authorities to take immediate measures to remove the stray cattle from public streets and to pay damages to him for the injury that he sustained by the stray cow. 3. The Chairman as well as the Executive Officer of Cuttack Municipal Corporation, opp. parties 1 and 2, by filing counter affidavit have refuted the factual aspect of the case with regard to the petitioner sustaining injuries by a stray cow. So far the directions of this Court in OJC No. 3175 of 1983 are concerned, they have asserted that steps have been taken to implement the same. The have specifically urged that appropriate steps have been taken by the Corporation to check the menace of stray bulls, cove and dogs. As regards the claim of damage they have contentended that the same is not entertainable in the present proceeding. 4. We have gone through in great detail the averments made in the writ petition, counter affidavit and documents filed by the parties. The petitioner in support of his assertion that he was attacked by a stray cow resulting injuries to his person has filed prescription and certificate of his treating physician, Annoxure-1 series. Though this part of the petitioner's case has been denied by opp. parties 4 and 2, but we see no reason to disbelieve the same. Why should a tax payer come forward and file a false case against the Municipal Corporation 2nd fight out the same tooth and nail? Considering the petitioner's allegation coupled with doctor's certificate and prescription, we are prima facie satisfied that on 22-8-1994 at about 4.30/5 p.m. he was attacked by a stray cow in the public street resulting injuries to his person. It need be reiterated that despite our directions in OJC No. 3176 of 1938 referred to above, the authorities of the Corporation failed to take effective steps to check the menace of stray cattle on the public street. It is no doubt true that the opp.
It need be reiterated that despite our directions in OJC No. 3176 of 1938 referred to above, the authorities of the Corporation failed to take effective steps to check the menace of stray cattle on the public street. It is no doubt true that the opp. parties 1 and 2 have stated in their affidivit that a committee has been constituted and meetings of the committee are being held, but that will not solve the problem faced by the inhabitants of the town. People are pot concerned with number of meetings convened and discussions held. They are only concerned as to what extent the authorities could be able to eradicate the problem by removing the stray cattle and bulls from the public streets of Cuttack town. If the authorities in the helm of affairs do not involve themselves, any judicial direction will be of no help to the public. We express our anguish for the callousness of the authorities in solving the problem, that is removal of stray bulls, cows and dogs from the streets in accordance with the directions of this Court in the aforesaid writ. 5. On a conspectus of the facts and circumstances of the case we are of the considered opinion that it is a fit case where the authorities of Cuttack Municipal Corporation are liable to pay damages to the petitioner for his having sustained injuries by a stray cow in the public street. We quantify the damage at Rs. 20,000/- (rupees twenty thousand) and direct opp. parties 1 and 2 to pay the same to the petitioner within two months. Added to it, we further direct opp. parties 1 and 2 to implement the directions of this Court given in OJC No. 3176 of 1988 mentioned earlier with sincerity, and zeal. 6. With the above direction the writ application is disposed of. No costs. D.P. Mohapatra, A.C.J. I agree.