JUDGMENT Heard Sri Pankaj Miglani, counsel for the appellants. 2. By the present second appeal filed under Section 100 of the Code of Civil Procedure, the defendants-appellants have prayed for setting aside the judgment and decree dated 15-12-2006 passed by the Addl. District Judge/3rd FTC., Haridwar in Civil Appeal No. 38 of 2005 by which the appeal filed by the defendants-appellants has been dismissed and the judgment and decree dated 05-07-2005 passed by the trial Court in Civil Suit No. 228 of 1997 has been confirmed. 3. Briefly stated, a suit was filed by the plaintiffs-respondents being Suit No. 228 of 1997 praying for the permanent injunction directing the defendants-appellants to follow the bye-laws dated 21-08-1952 as framed by the Nagar Palika Parish ad by removing the garbage from everywhere in the city as well as posing restriction on the movement of the pigs and further for a direction to get the city clean. 4. According to the case of the plaintiffs, they are interested in the welfare of the city and as per bye-laws dated 2151 August, 1952, there is a ban on the movement of the pigs, but pigs are seen everywhere. Due to these pigs, garbage is scattered everywhere and the tourists, who are coming to Haridwar City are being harassed by the pigs as well as due to garbage scattered by them. Due to this fact, the entire environment of the Haridwar City is being affected. Even the pigs are playing with the life of the tourists. 5. The defendants-respondents have contested the case by filing a written statement. In paragraph 6 of the written statement, it has been stated that it has placed the employees everywhere in the city for getting the city clean. 6. The trial Court vide his order dated 5th July, 2005 decreed the suit. While deciding the suit, the trial Court has framed as many as seven issues. Issues No.5 and 6 were framed regarding the movement of pigs as well as regarding cleanliness of the City. The finding was recorded on the basis of the evidence of the plaintiffs. 6. The trial Court vide his order dated 5th July, 2005 decreed the suit. While deciding the suit, the trial Court has framed as many as seven issues. Issues No.5 and 6 were framed regarding the movement of pigs as well as regarding cleanliness of the City. The finding was recorded on the basis of the evidence of the plaintiffs. Plaintiff-respondent no.1 was examined as P.W.1, who has stated that Nagar Palika Parishad is responsible for removing the pigs from the city and also for the removal of the garbage from time to time as there has been a restriction in the bye-laws dated 2151 August, 1952, but Nagar Palika Parishad is not taking interest in the matter. Civil Judge has recorded a finding to the following effect : 7. Nagar Palika Parishad went in appeal against the said order which was registered as Appeal No. 37 of 2005. Said appeal was dismissed and the decree of permanent injunction was confirmed on 15-12-2006. Appellate Court has recorded the finding to the following effect: 8. Counsel for the appellants has referred bye-laws to the following effect: 9. As will appear from Clause 'n' the pigs may be kept at 100 feet away. As will appear from the aforesaid facts that they are being seen everywhere in the town. A perusal of Section 7 of the U.P. Municipalities Act contains the duty of the Municipality. Clause 'dd' 'e' provides to the following effect: "(dd) confinement, removal or destruction of stray dogs and dangerous animals;} (e) removing, on the ground of public safety, health or convenience, undesirable obstructions and projection in streets or public places;" 10. Article 21 of the Constitution of India provides as under:" 21. Protection of life and personal liberty.-No person shall be deprived of his life or personal liberty except according to procedure established by law." 11. The Hon'ble Apex Court in the case of Kapila Hingdorani Vs. Article 21 of the Constitution of India provides as under:" 21. Protection of life and personal liberty.-No person shall be deprived of his life or personal liberty except according to procedure established by law." 11. The Hon'ble Apex Court in the case of Kapila Hingdorani Vs. State of Bihar 2003 (7) AIC 18 (SC) 194 has emphasised for improving the methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, wherein paragraph 50 of the judgment, the term "life" has been defined relying upon the judgment of Field, J. in Munn V. Illinois reported in 1877 (94) US 1131, as under: "Paragraph - 50 : The term 'life' used in Article 21 of the Constitution of India has a wide and far reaching concept. It includes livelihood and so many other facets thereof. 'Life', as observed by Field, J. in Munn V Illinois [1877(94) US 1131] means something more than mere animal existence and the inhibition against the deprivation of life extends to all those limits and facilities by which life is enjoyed. [See Board of Trustees of the Port of Bombay Vs. Dilipkumar Raghavendranath Nadkarnl and others [1983(1) SCC 124] and Olga Tellis and others Vs. Bombay Municipal Corporation and others [1985(3) SCC 545]." 12. A perusal of the record shows that due to movement of pigs from here and there and by the garbage scattered in the whole city, the environment of the entire area has been affected. 13. In M.C. Mehta Vs. Union of India and others (2004) 6 SCC 588, the Apex Court has observed as under: "The Municipalities have constitutional responsibilities of town planning. Part IX-A was inserted by the Constitution (Seventy-fourth Amendment) Act, 1992 w.e.f. 1-6-1993. Article 243-W provides for the powers, authority and responsibilities of the Municipalities, etc. Article 243-W reads as under: "243-W. Powers, authority and responsibilities of Municipalities, etc. Part IX-A was inserted by the Constitution (Seventy-fourth Amendment) Act, 1992 w.e.f. 1-6-1993. Article 243-W provides for the powers, authority and responsibilities of the Municipalities, etc. Article 243-W reads as under: "243-W. Powers, authority and responsibilities of Municipalities, etc. - Subject to the provisions of this Constitution, the legislature of a State may, by law, endow(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such as may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to- .' (i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them Including those in relation to the matters listed in the Twelfth Schedule; (b) the Committees with such powers and authority as may be necessary to enable them to carry out the responsibilities conferred upon them including those in relation to the matters listed in the Twelfth Schedule." 38. The Municipal Corporation has the responsibility in respect of matters enumerated in the Twelfth Schedule of the Constitution of India, regulation of land use, public health, sanitation, conservancy, solid-waste management being some of them. Section 345 of the DMC Act contains the power of the Commissioner to seal. Section 416 (1) provides that no person shall, without the previous permission in writing of the Commissioner, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which is intended to employ steam, electric, water or other mechanical power. Section 417(1) stipulates that no person shall use or permit to be used premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, namely: "417. (1) (a) any of the purposes specified in Part I of the Eleventh Schedule: (b) any purpose which is, in the opinion of the Commissioner dangerous to life, health or property or likely to create a nuisance; (c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire odor sale of the produce thereof; or (d) storing any of the articles specified in Part II of the Eleventh Schedule except for domestic use of any of those articles :" 40. In Virendra Gaur v. State of Harvana 1995 2 SCC 577 refer in to Principle 1 of the Stockholm Declaration of the United Nations on Human Environment, 1972 this Court Observed that right to have living atmosphere congenial to human existence is a right to life. The State has a duty In that behalf and to shed Its extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance and hygienic environment. 42. In Administrator, Nagar Polika v. Bharat (2001) 9 SCC 232 this Court observed that public interest has to be understood and interpreted in the light of the entire scheme, purpose and object of the enactment. The hazard to health and environment of not only the persons residing in the illegal colonization area but of the entire town as well as the provisions and scheme of the Act had to be taken into consideration." 14. In Milken Colony Vikas Samiti Vs. State of Rajasthan and others (2007) 2 SCC 413] the Apex Court has observed as under : “15. Finally, the aforesaid matter came up for hearing before the High Court on 12-7-2004, when the High Court passed the impugned order : “We find that the order dated 14-5-2004 has not been complied with. The milkmen were provided sufficient opportunity to shift from the city area as the bovine animals are creating nuisance in the city. The District Magistrate is directed to see that the public nuisance caused by the stray animals is removed and the bovine animals are shifted outside the city limits in consonance with the order dated 6-1-2004. The District Magistrate shall file a compliance report within two weeks. The Municipal Corporation shall assist the District Magistrate in effecting the compliance with the order. The Municipal Corporation and the Urban Improvement Trust shall be duty-bound to construct a pond and provide necessary facilities to the milkmen shifting to Barli.” 15. In view of the aforesaid, I find no illegality in the order passed by the courts below. The Municipal Board is responsible for the entire affairs of the city. The District Magistrate/Commissioner is also responsible for carrying on the directions of the Civil Court. In view of the aforesaid, I find no illegality in the order passed by the courts below. The Municipal Board is responsible for the entire affairs of the city. The District Magistrate/Commissioner is also responsible for carrying on the directions of the Civil Court. The copy of the order shall be sent to the District Magistrate, Commissioner and Chairman of the Municipal Board for compliance of the order passed by the Civil Court as well as this Hon’ble Court by framing the proper scheme in accordance with the decree of the civil court. 16. Sharing Counsel, who is present for the State, shall also take steps to send the copies of the judgment to the District Magistrate, Commissioner and the Chairman Municipal Board for compliance of the order. The compliance report shall be submitted to this Court after a period of three months regarding the removing of the garbage from place to place in the city and also with regard to the pigs having been removed from the city. 17. The Appeal, therefore, is dismissed in limini as I find no substantial questions of law involved in the appeal. 18. Registrar is directed to send the copy of the order for compliance to the: (1) Commissioner. (2) District Magistrate. (3) Chairman Municipal Board.