JUDGMENT : Rajiv Sharma, J. The Deputy Commissioner, Shimla was directed on 2.5.2015 to ensure that the land is transferred for the construction of Gosadans to the respective Panchayats within a period of three months from 2.5.2015. He was also directed to send realistic figures of the amount to be incurred for the construction of Gosadans in Distt. Shimla after getting the building plans etc. prepared from the duly qualified Architect within a period of two months. The concerned departments were directed to ensure that the Gosadans are constructed in District Shimla within a period of six months and the necessary funds are also made available immediately. The remaining Panchayats in the District were also directed to make proposals for the construction of Gosadans to the SDMs concerned through BDO and their cases were ordered to be processed within a period of three months. The construction of Gosadans was ordered to be supervised personally by the SDMs of the concerned Blocks, by convening periodic meetings. 2. In sequel to the directions issued by this Court on 2.5.2015, the Deputy Commissioner, Shimla has filed an affidavit on 13.8.2015. According to the averments contained in the affidavit, out of the total 363 Gram Panchayats in the District Shimla, total 357 Panchayats have identified and selected the land for the construction of Gosadana, however, feasibility of construction of Gosadan in each Panchayat was to be ascertained by the BDO as well as the SDM of that area, keeping in view the high cost of construction and maintenance of these Gosadans. The estimate of the cost of construction of one unit of Gosadan to house 30 animals on scientific patters amounts to Rs. 28.50 lac as submitted by District Panchayat Officer, dated 31.7.2015. The cowshed would cost amounting to Rs. 16.41 lac, fodder store would cost Rs. 8.92 lac and guard room would cost Rs. 3.16 lac. These estimates were again got checked by the competent Engineer who endorsed the estimates. It was proposed to construct at least three to four Gosadans in the first phase in each Block to rehabilitate the stray cattle moving on the highways and roads on priority basis and as such in the first phase 40 Gosadans with all three building plan component could be constructed requiring approximately 10.00 Crore for construction work of Gosdans and it would be extended to other Panchayats of the District. 3. 3. The meeting of the Sub-Committee, Rampur Sub Division under the Chairmanship of SDO (Civil), Rampur was held on 25.7.2015, wherein directions to expedite the process of transfer of land for the construction of Gosadans were issued to Rural Department/BDOs. In Sub Division Rampur, selection of land in all the 76 Gram Panchayats had been completed and construction work of two Gosadans is under progress in Gopalpur Panchayat. The Cattle Registration work is under progress in collaboration with Animal Husbandry Department and in five Panchayats of Kumarsain Block, cattle registration work has been completed. The directions have been issued to National Highway/HPPWD Department to adopt the necessary measures to restrict the entry of the stray cattle on the Highways by erecting barricades at the main entry points and deploying manpower so as to avoid accident. 4. The SDM (Rohru) reported that the selection of land in all the 82 Panchayats has been completed. Similarly, the selection of land in MC, Rohru and Nagar Parishad Jubbal has also been done. As the land is forest land, the cases are being processed accordingly. 5. In the meeting of Sub-Divisional Level Committee, Chopal, dated 27.7.2015, the selection of land for the construction of Gosadans in all the 54 Panchayats has been completed. Since the land was forest land selected, the direction has been issued to the concerned BDO to send the cases to Panchayats Van Adhikar Samities to complete the formalities to procure NOC. The BDO Chopal has been directed to nominate one employee as Nodal Officer to pursue the land transfer cases. The Chairman also directed BDO Chopal to initiate the work of construction of Goshala on priority basis in Gram Panchayat Chanjo (Chopal), Nerwa and Juddu-Shilal (Kupvi). The Chairman also issued direction to DFO Chopal for the settlement of the land transfer cases immediately as and when these are received in the office. The PWD representative informed that the direction has been issued to the staff for strict vigilance on the roads to avoid and restrict the entry of the stray animals on the roads. 6. The meeting under the Chairmanship of SDO (Civil), Theog was held on 29.7.2015. The directions were issued to process the cases of land transfer of 72 Panchayats as per the guidelines of Forest Conservation Act. 7. The meeting of Sub-Committee Shimla (Rural) was held on 31.7.2015. 6. The meeting under the Chairmanship of SDO (Civil), Theog was held on 29.7.2015. The directions were issued to process the cases of land transfer of 72 Panchayats as per the guidelines of Forest Conservation Act. 7. The meeting of Sub-Committee Shimla (Rural) was held on 31.7.2015. The directions have been issued to BDO Mashobra and Basantpur Block to complete the cases of land transfer on priority basis and all the formalities done at the time of joint inspection of the land. In Block Mashobra, selection of land has been done in 45 Panchayats and out of these; joint inspection has been conducted in 10 Panchayats. The Gosadan construction work is almost complete in Chamyana Panchayat. In Basantpur Block, selection of land has been completed in 20 Panchayats and out of these, the joint inspection has been conducted in 2 Panchayats. The BDOs were directed to expedite the process of registration of cattle. 8. The SDO (Civil) Dodra Kawar reported that there is no stray cattle in all the five Panchayats of the Sub Division and the process of land transfer to construct the Gosadan in one Panchayat Dhandwari at Kutag place is under progress. 9. The Animal Husbandry Department has treated 118 stray cattle in Shimla District. Five awareness camps have already been convened. Accordingly, the Deputy Commissioner, Shimla is directed to ensure that 40 Gosadans with all the three building plan component are completed, as undertaken within 4 months from today. The SDM Rampur Sub Division, SDM, Rohru, SDM Chopal, SDO (Civil), Theog, SDM Shimla (Rural) are directed to complete the transfer of land within a period of three months, positively and thereafter to construct the Gosadans. All the concerned authorities are directed to cooperate for the early completion of the Gosadans and the funds are also released accordingly. 10. The Deputy Commissioner, Mandi was directed to forward the case for diversion of the forest land required for the Gram Panchayats within a period of 8 weeks and thereafter the Department of Forests/Animal Husbandry was directed to take up the cases with the newly added respondent No. 10. Respondent No. 10 was directed to grant the permission within a period of two weeks after the receipt of the proposal. The Deputy Commissioner was also directed to provide necessary funds and, if necessary, by taking up the issue for the release of additional grant/aid with the State Government. Respondent No. 10 was directed to grant the permission within a period of two weeks after the receipt of the proposal. The Deputy Commissioner was also directed to provide necessary funds and, if necessary, by taking up the issue for the release of additional grant/aid with the State Government. All the steps were ordered to be taken within a period of six months. 11. The Deputy Commissioner, Mandi has filed the compliance affidavit on 1.8.2015. According to him, the cluster point wise approach has been adopted for opening Gosadans in Mandi District and 32 cluster points have been identified. Gosadans in Dheem Katary, Bhambla, Darpa, Gahar, Pangna and Sandhole are functioning. A sum of Rs. 9.00 lacs ha been allocated for an existing Gosadan in Sundernagar for construction of additional animal shed of the capacity of 80 adult animals. The process for opening of other new Gosadans in other 26 cluster points is also going on by identification and transfer of land in the name of Panchayati Raj Institutions. The non-forest land identified recently at Kunnu, Tehsil Padhar, Distt. Mandi, H.P. was transferred to Department of Panchayati Raj. The District Panchayat Officer has been designated as Nodal Officer by the Deputy Commissioner Mandi for preparing and pursuing these cases in collaboration with Sub-Divisional Co-ordination Committees to facilitate various orders of this Court. 21 cases of Forest land are being processed for transfer to Panchayati Raj Department under Forest Conservation Act. In principle, approval for diversion of forest land for construction of Gosadan at Naugram in Tehsil Chachiot Distt. Mandi, H.P. has been obtained. The Animal Husbandry Department has treated 1072 animals and 142 awareness camps have been organized. A sum of Rs. 5,80,000/- has been sanctioned for distribution of dry fodder to already running Gosadans in the District. 12. Accordingly, there shall be direction to Deputy Commissioner, Mandi to ensure that the land is transferred to respective Panchayats within 4 months from today and thereafter construction of the Gosadans is undertaken within a further period of four weeks and complete the same within a further period of four months. 13. The Deputy Commissioner, Una was directed to get all the codal formalities completed and to ensure that the Gosadans are completed within a period of six months. The affidavit has been filed by Deputy Commissioner, Una on 13.8.2015. The affidavit filed is not at all satisfactory. 13. The Deputy Commissioner, Una was directed to get all the codal formalities completed and to ensure that the Gosadans are completed within a period of six months. The affidavit has been filed by Deputy Commissioner, Una on 13.8.2015. The affidavit filed is not at all satisfactory. He is directed to ensure that the Gosadans are constructed in the Gram Panchayats as well as Municipal Councils, falling within the jurisdiction of Una District within a period of six months from today, failing which, stern action shall be taken against the Deputy Commissioner, Una, in accordance with law. 14. The Deputy Commissioner, Hamirpur was directed to ensure the transfer of the land and construction of Gosadans as per their proposals received within a period of six months. The affidavit has been filed by the Deputy Commissioner, Hamirpur on 1.8.2015. According to the affidavit filed, the meeting of the District Coordination Committee under the Chairmanship of Deputy Commissioner, Hamirpur was held on 16.7.2015. All the concerned departments Officers/Officials were directed to comply with the directions of this Court. 15. The meeting of Sub Division Sujanpur under the Chairmanship of SDM Sujanpur was convened on 29.5.2015 wherein directions were issued to all the departments to take action as per the directions issued by this Court. SDM Sujanpur informed that land has been transferred in 13 cases and 11 cases of land transfer are under process. Accordingly, there shall be direction to SDM, Sujanpur to ensure that remaining 11 cases of land transfer are settled at the earliest and the land is transferred to the Gram Panchayat within three months. 16. The meeting of the Sub Committee under the Chairmanship of SDM, Barsar was convened on 29.5.2015. SDM Barsar informed that land has been transferred in 11 cases, 15 cases of land transfer are under process and NOC is to be obtained in 7 cases. Consequently, there shall be direction to SDM, Barsar to ensure that the transfer of land in 15 remaining cases and NOC in 7 cases is obtained at the earliest within three months. 17. The meeting of Sub Committee under the Chairmanship of SDM Nadaun was convened on 19.5.2015. The SDM Nadaun informed that the land has been transferred in 5 cases, 23 cases of land transfer are under process and NOC is to be obtained in 31 cases. 17. The meeting of Sub Committee under the Chairmanship of SDM Nadaun was convened on 19.5.2015. The SDM Nadaun informed that the land has been transferred in 5 cases, 23 cases of land transfer are under process and NOC is to be obtained in 31 cases. Consequently, there shall be direction to the SDM, Nadaun to ensure that the transfer of land in 23 cases and NOC in 31 cases is obtained at the earliest within three months. 18. The meeting of Sub Committee under the Chairmanship of SDM Bhoranj was convened on 29.6.2015. It is intimated that no land has been transferred. 18 cases are under process and in 4 cases, NOC is to be obtained. Consequently, there shall be direction to the SDM Bhoranj to ensure that the land is transferred in all the 23 cases at the earliest within three months. 19. The meeting of Sub Committee under the Chairmanship of SDM Hamirpur was convened on 30.6.2015. It is intimated that land has been transferred in 16 cases, 7 cases of land transfer are under process and NOC is to be obtained in 28 cases. Consequently, there shall be direction to the SDM Hamirpur to ensure that the land is transferred in all the 7 cases and NOC obtained in 28 cases at the earliest within three months. 20. The Deputy Commissioner, Bilaspur was directed to ensure that the Gosadans within his jurisdiction were completed within six months and necessary funds could be raised from Shree Naina Devi Ji and Baba Balaknath temple trusts. The affidavit has been filed. According to the affidavit, the BDO Sadar submitted the standard drawing alongwith the estimate amounting to Rs. 2.65 lac for construction of Chowkidar hut in the proposed Gosadans for Bilaspur District. BDO Ghumarwin also submitted standard drawing and estimate for construction of Gosadans amounting to Rs. 60.00 lacs. All the BDOs were directed to use these standard drawings for construction work of Gosadans. It was intimated by BDO Swarghat that the construction work of boundary wall at Talli has been started. The BDOs were instructed by the Deputy Commissioner to start the work immediately and complete the construction of boundary wall within next 20 days. The BDO Swarghat intimated that the representatives of Panchayats have agreed to contribute 5% of their respective incomes towards corpus funds for running and maintenance of Gosadans. The BDOs were instructed by the Deputy Commissioner to start the work immediately and complete the construction of boundary wall within next 20 days. The BDO Swarghat intimated that the representatives of Panchayats have agreed to contribute 5% of their respective incomes towards corpus funds for running and maintenance of Gosadans. Deputy Commissioner directed all the BDOs/Executive Officers MC and Secretary Nagar Panchayats that they should maintain online separate bank accounts for the purpose. Initially, six Gosadans are being constructed in the district, namely, Talli, Balghad, Balhseena, Kuthera, Ranikotla and Barmana (Lagat). The construction of boundary wall and fencing around Gosadan at Talli has been undertaken. The BDO, Shree Naina Devi Ji at Swarghat submitted that against an amount of Rs. 7.40 lac, Rs. 5.00 lac has already been released and Rs. 4.00 lac has been utilized. Budget for the purpose has been allocated from Shree Naina Devi Ji Temple Trust. The foundation work has been completed at Talli Gosadan. The necessary funds be released by the Trust Shree Naina Devi Ji within eight weeks and Gosadan completed within three months. 21. The BDO Jhandutta has intimated that first installment of Rs. 8.61 lacs has been sanctioned for construction of boundary wall and site development and Rs. 5.00 lac has been released to Gram Panchayat concerned for the construction of Gosadan. The funds for the purpose have been made from Baba Balak Nath Temple Trust. The construction work of Gosadan at Balghad be completed within three months. 22. The BDO Jhandutta has informed that first installment of Rs. 9.66 lacs has been sanctioned for the construction of boundary wall and site development and Rs. 5.00 lac has been released to Gram Panchayat Balhseena. The site development work has been completed. The allocation of funds has been made from Baba Balak Nath Temple Trust. The construction work of Gosadan at Balhseena be completed within three months. 23. The BDO Ghumarwin has informed that the first installment of Rs. 10.00 lacs has been sanctioned and received and site development work has been completed and retaining wall work is under progress of Gosadan at Kuthera. The budgetary provision of Rs. 10.00 lac has been made from Shree Naina Devi Ji Temple Trust. The construction work of Gosadan at Kuthera be completed within three months. 24. The BDO, Sadar Bilaspur has informed that first installment of Rs. The budgetary provision of Rs. 10.00 lac has been made from Shree Naina Devi Ji Temple Trust. The construction work of Gosadan at Kuthera be completed within three months. 24. The BDO, Sadar Bilaspur has informed that first installment of Rs. 10.00 lacs has been sanctioned by Zila Parishad Bilaspur out of which Rs. 0.25 lacs has been utilized for land leveling so far for Gosadan at Ranikotla. The construction work of Gosadan at Ranikotla be completed within three months. 25. The BDO, Sadar has also informed that first installment of Rs. 10.80 lac has been sanctioned by the Block Samiti for land leveling and construction of boundary wall out of which Rs. 0.75 lac has been utilized for land leveling for construction work at Gosadan Barmana (Lagat). The construction work of Gosadan at Barmana (Lagat) be completed within three months. 26. The Deputy Commissioner, Bilaspur shall be personally responsible to ensure that the Gosadans at the places, mentioned hereinabove, are completed within the period stipulated hereinabove. 27. The direction was issued to Deputy Commissioner, Kullu, to take up the matter of diversion of forest land for non-forestry use with the State Government within a period of six weeks and thereafter the State Government was directed to submit the same to the newly added respondent No. 10 within a period of eight weeks. Thereafter the respondent No. 10 was directed to process the same within two weeks. The Deputy Commissioner, Kullu was also directed to ensure the construction of Gosadan within a period of six months after completion of all the codal formalities. He has filed affidavit on 11.8.2015. The details of 7 existing Gosadans in the District has been given in the affidavit. The Deputy Commissioner, Kullu has released Rs. 16.00 lacs for repair and maintenance of Gosadans. These Gosadans are being managed by NGOs and MCs. The District Administration after scrutinizing 106 proposals received from Gram Panchayats, has decided to set up only two additional Gosadans in the first phase, one at Vazir Baudi in Nirmand Tehsil and other at Chutti Bihal near Kullu. In total, 1,53,743 cattle have been registered against the total population of 1,82,775 cattle. A pilot project has been started to insert electronic micro-chip in each animal at a total cost of Rs.4,90,000/- and micro chipping work is in progress in old Manali village on pilot basis. One micro chip costs Rs.225/-. 28. In total, 1,53,743 cattle have been registered against the total population of 1,82,775 cattle. A pilot project has been started to insert electronic micro-chip in each animal at a total cost of Rs.4,90,000/- and micro chipping work is in progress in old Manali village on pilot basis. One micro chip costs Rs.225/-. 28. The affidavit filed by the Deputy Commissioner, Kullu is not at all satisfactory. The Court can take judicial notice of the stray animals found on the roads in entire Kullu District. The menace of stray animals at Manali is alarming. The Deputy Commissioner, Kullu is directed at least to ensure that the order dated 2.5.2015 be implemented in letter and spirit, failing which, stern action shall be taken against him in accordance with law. 29. The Deputy Commissioner, Solan was directed to take a final decision within a period of six weeks on 23 applications received from the Gram Panchayats of District Solan for construction of Gosadans and also to take steps for providing necessary funds. He was also directed to ensure that Gosadans as per the proposal received, are constructed within a period of six months. The affidavit has been filed by the Deputy Commissioner, Solan on 4.8.2015. According to the averments contained in the affidavit, the Revenue Department has transferred land for construction of Gosadan in the name of Panchayati Raj Department in 5 cases. 30. The affidavit filed by the Deputy Commissioner, Solan, is not satisfactory. The menace of stray animals on the National Highway which passes through the District Solan, causes inconvenience to the commuters. Accordingly, the Deputy Commissioner, Solan is directed to comply with the directions of order dated 2.5.2015 in letter and spirit, failing which, stern action in accordance with law shall be taken against him. 31. The Deputy Commissioner, Chamba was directed to ensure that the Gosadans, for which the funds have been allocated are constructed within a period of six months and the necessary codal formalities were directed to be completed towards the transfer of land of Municipal Councils, Nagar Panchayats and Panchayats for the construction of Gosadans within a period of eight weeks. The Deputy Commissioner, Chamba has filed the affidavit on 11.8.2015. According to its contents, an amount of Rs. 85,17,078 has been allocated for the construction of Gosadans in 91 Gram Panchayats by the respective Panchayat Samities in compliance of the orders of this Court. The Deputy Commissioner, Chamba has filed the affidavit on 11.8.2015. According to its contents, an amount of Rs. 85,17,078 has been allocated for the construction of Gosadans in 91 Gram Panchayats by the respective Panchayat Samities in compliance of the orders of this Court. Out of the 91 Gosadans, 42 were proposed to be constructed in Development Block Tissa, 35 in Development Block Salooni, 13 in Development Block Chamba and 1 in Development Block, mehla. However, it was found that the menace of stray cattle in Development Blocks, namely Salooni and Tissa were negligible. Therefore, decision was taken in the District Level Committee to initially construct a single Gosadan for a cluster of Gram Panchayats instead of constructing Gausadans in all Gram Panchayats. In the first stage in Sub Division Salooni, Gosadans are proposed to be constructed in Gram Panchayat Salooni, Gram Panchayat Salwan, Gram Panchayat Diur and Gram Panchayat Bhalei. The construction of work of Gosadan in Gram Panchayat Salooni and Salwan is in progress. Land has been identified for construction of Gosadan in Gram Panchayat Diur and Gram Panchayat Bhalei. The land identified for construction of Gosadans in two Gram Panchayats comes under the definition of ?forest land? and therefore, for diverting this land for non-forestry purposes, procedural requirements were required to be completed. 32. The Deputy Commissioner, Chamba is directed to complete the formalities within 4 weeks from today. In Sub Division, Tissa, funds amounting to Rs. 25,50,000/- were earmarked for construction of Gosadans in 42 Gram Panchayats by Panchayat Samiti, Tissa, however, it was decided to construct a Gosadan in Gram Panchayat Gadfari in the first phase. The land has been identified for the construction of Gosadan. The formalities for conversion of the land have been undertaken. The Deputy Commissioner, Chamba is directed to complete the formalities within a period of four weeks. In Sub Division Bhattiyat Gosadans are proposed to be constructed in Gram Panchayat Sihunta, Parchhore, Chowari and Nainkhud. The lands have been identified. The procedural requirements are completed and the action under the Forest Conservation Act is required to be taken. In Sub Division Bharmour, Gosadan is proposed to be constructed in Gram Panchayat Khanni for which land has been identified. The formalities be completed within 6 weeks from today. The construction of Gosadan for Gram Panchayats Bhanota, Janghi, Preena, Baloth, Mehla, Kidi and Bhadiyankothi is reported to be in progress. In Sub Division Bharmour, Gosadan is proposed to be constructed in Gram Panchayat Khanni for which land has been identified. The formalities be completed within 6 weeks from today. The construction of Gosadan for Gram Panchayats Bhanota, Janghi, Preena, Baloth, Mehla, Kidi and Bhadiyankothi is reported to be in progress. The same be completed within six months. 33. The Deputy Commissioner, Kangra was directed to ensure that Gosadans are constructed within a period of six months and necessary funds are made available to the Municipal Council, Nagar Panchayats and Gram Panchayats immediately and the land transferred in their names. The Deputy Commissioner, Kangra has filed the affidavit on 12.8.2015. According to the averments contained in the affidavit, the construction of Gosadan at Village Jijal has been undertaken. The E.O, MC, Jawalamukhi has informed that a Committee has been constituted for management of stray cattle and Gosadans. S.D.O. (C), Dehra has informed that proposal for transfer of land for Gosadan in Muhal is under progress. SDO © Baijnath has informed that 5 Gosadans i.e. Sh. Krishan Goshala at Dharbaghi, Shiv Dham Goshala Paprola, Baijnath, Shri Sai Goculam at Kolar, Gosadan at Mahakal and Sub Divisional Go Sadan at Burlikothi with a total capacity of 220 animals are functional in Baijnath Sub Division. The SDO (C), Palampur has informed that the provision of Rs. 10 lac has been made by the MC Palampur for construction of Gosadan during 2015-16. The E.O. MC, Palampur has informed that MC Palampur and GP Aima have jointly registered as society by name of Go Nandan Society Aima at Palampur for construction of Gosadan. The land has been allocated and an amount of Rs. 5 lac has been sanctioned to the society. The SDO (C), Nurpur has informed that two Gosadans are functioning in Sub Division Nurpur; one at Baiattaria, Tehsil Indora and other at Khajjian. The work on third Gosadan at Shri Ram Gopal Mandir Trust Damtal is almost complete and will soon be made functional. Apart from this proposal another Gosadan at Mahal Chakban Khanni is reported to be in progress. The E.O., MC Nurpur has submitted that MC Nurpur has identified land for construction of Gosadan at Chiwan Road Muhal Gahin Lagore and the transfer of land is reported to be in progress. Apart from this proposal another Gosadan at Mahal Chakban Khanni is reported to be in progress. The E.O., MC Nurpur has submitted that MC Nurpur has identified land for construction of Gosadan at Chiwan Road Muhal Gahin Lagore and the transfer of land is reported to be in progress. The SDO (C), Kangra has informed that there are two Gosadans in Sub Division Kangra one at Busal near Baroh being run by NGO and other at Bye pass Kangra being run by Kangra Temple Trust. The case regarding transfer of land for construction of Gosadan in Mahal Faket Lahar, Mauza Jhikali Kothi, Tehsil Nagrota Bagwan stands received. The E.O., MC Dharamshala has informed that Gosadan at Sarah has become functional. 34. The Deputy Commissioner, Kangra is directed to ensure that all the Gosadans at the places, mentioned hereinabove, become functional within a period of six months from today. Necessary funds be also released for the work in progress. 35. The Deputy Commissioner, Sirmour has also filed the affidavit on 12.8.2015. There was a proposal to construct a Gosadan on the land of Dei Ji Sahiba Temple at Rampurghat, Paonta Sahib and it will be constructed by the Chambers of Commerce, Paonta Sahib. The land for construction of 228 Gosadana has been identified in 101 Gram Panchayats out of the total 228 Gram Panchayats. In 42 Gram Panchayats, the land has been gifted to construct Gosadans and in 21 Gram Panchayats, the construction work of Gosadans has been started. 33 Gram Panchayats of the District have sent the proposals to Zila Parishad under 13th Finance Commission and 8 Gram Panchayats forwarded the proposals to Panchayat Samities under 13th Finance Commission. Consequently, there shall be direction to Zila Parishad to release necessary funds to 33 Gram Panchayats and also to Panchayat Samities for release of amount under 14th Finance Commission on the basis of applications, so received. In 42 Gram Panchayats where the land has been gifted, the Gosadans be constructed within 6 months and where the work has already been started, the same be completed within three months. 36. All the Deputy Commissioners of the respective Districts in the State of Himachal Pradesh are directed to file their personal affidavits after three months, giving therein the status report (s), towards compliance of the orders passed by this Court from time to time. 37. 36. All the Deputy Commissioners of the respective Districts in the State of Himachal Pradesh are directed to file their personal affidavits after three months, giving therein the status report (s), towards compliance of the orders passed by this Court from time to time. 37. The directions were also issued to all the Revenue Authorities to transfer the land of 577 Gram Panchayats and all the Zila Parishad, Panchayat Samities and Animal Husbandry Departments were directed to provide sufficient funds to 521 Gram Panchayats for the construction of Gosadans. All the Gram Panchayats through the SDM concerned within whose jurisdiction they fall, were directed to make sufficient funds available for the construction of Gosadans within a period of three months. The affidavit has been filed in sequel to the directions of this Court by Sh. Rakesh Kumar Korla, posted as Dy. Secretary (PR). According to the affidavit filed, the SDMs were requested to comply with para 30 of the judgment and all the Distt. Panchayat Officers and Block Development Officers were directed to display the relevant paras 29 and 30 of the judgment alongwith the judgment dated 2.5.2015 on the notice Board of Gram Panchayats. The revenue authorities have been requested to transfer land to 577 Gram Panchayats and the Animal Husbandry Department was requested to provide funds for the construction of the Gosadans. However, Animal Husbandry Department has expressed its inability to release funds for this purpose due to very meager budget provision in this regard. 38. Consequently, there shall be direction to the Director, Animal Husbandry Department to release necessary funds for the construction of Gosadans as per the details given in the affidavit. The Panchayati Raj Institutions have allocated funds for the construction of Gosadans but these are meager. The Panchayati Raj Institutions are directed through Secretary (PR) to ensure that the funds are made available for the construction of Gosadans. The Secretary (PR) shall be personally liable to implement these directions. There shall also be direction to all the Urban Local Bodies to release the necessary funds for the construction of Gosadans to shelter cows and stray cattle. 39. The Superintendent of Police in the State of Himachal Pradesh are directed to ensure compliance of the directions of this Court and to file status report after every three months. 40. The Chief Secretary to the Govt. 39. The Superintendent of Police in the State of Himachal Pradesh are directed to ensure compliance of the directions of this Court and to file status report after every three months. 40. The Chief Secretary to the Govt. of Himachal Pradesh has also filed affidavit on 13.8.2015, pursuant to the orders dated 2.5.2015. The gist of the affidavit is that the necessary directions have been issued to all the concerned to comply with orders passed by this Court from time to time. The Chief Secretary shall file comprehensive status report before the next date of hearing. The Chief Secretary to the State of Himachal Pradesh shall be personally responsible to take up the matter with all the Deputy Commissioners concerned to comply with the directions of this Court in letter and spirit. 41. All the Panchayats throughout the State of Himachal Pradesh through Secretary (PR) are also directed to adopt micro-chipping number process on private/stray cattle, whereby an electronic chip is inserted in the animal having unique ID number which can be read with the help of a scanner and owner can be identified, for the purpose of enumeration, within 6 months from today. 42. This Court on 7.10.2014 has issued the following mandatory directions to the respondents: ?13. Animals have their own rights and it is our duty to protect their rights. They breathe like us. These animals are also creation of the God. The Court by invoking the parens patriae' doctrine issue following directions to the respondents in the welfare of the Cows and other stray cattle: i) No person in the State of Himachal Pradesh shall slaughter, cause or cause to be slaughtered, or offer, or cause to be offered for slaughter, any cow/calf. ii) No person shall export cow for the purpose of slaughter either directly or through his agent or servant or any other person acting on his behalf if the same is likely to be slaughtered. iii) No person shall sell beef or beef products in any form throughout the State of Himachal Pradesh. iv) Prosecutions be launched under Sections 289, 428 and 429 of the IPC and Section 114 of the H.P. Police Act, 2007 and also under various provisions of the Prevention of Cruelty to Animals Act, 1960, against the owners of any cattle which are found on the streets, roads and public places. iv) Prosecutions be launched under Sections 289, 428 and 429 of the IPC and Section 114 of the H.P. Police Act, 2007 and also under various provisions of the Prevention of Cruelty to Animals Act, 1960, against the owners of any cattle which are found on the streets, roads and public places. v) The Superintending Engineers of all National Highways in the State of Himachal Pradesh and State Highways are directed to ensure that no stray cattle, including cows and bulls come to the roads. vi) The Commissioner, M.C. Shimla and Executive Officers of all the Municipal Councils, Nagar Panchayats and Pradhans of the Gram Panchayats are directed to ensure that all the roads passing through their jurisdiction are kept free from the stray cattle to ensure free and smooth flow of the traffic. vii) All the cattle including cows in M.C. Shimla and Municipal Councils, Nagar Panchayats and Panchayats shall have a tag number indicative of the owner to whom the animal belongs in order to trace the owner. viii) The entire roads in the State of Himachal Pradesh are ordered to be made free of stray cattle by 31st December, 2014. The respondents are further directed that in order to remove the stray cattle from the roads, utmost compassion is shown towards them and no unnecessary force is used by inflicting pain and suffering on them. In case the cattle are transported, in that eventuality, there should be a provision for construction of ramps and the vehicles should be driven not at a speed more than 10-15 kms/hour to avoid injuries to the animals, being transported. ix) The Government Veterinary Officers/Doctors throughout the State of Himachal Pradesh are directed to treat all the stray cattle. The Executive Officers of the M.C. Shimla, Municipal Councils, Nagar Panchayats and all the Gram Panchayats are directed to ensure that the stray cattle suffering from any injury or disease are got treated from the Veterinary Hospitals in their respective jurisdictions. All the Veterinary Hospitals in the State of Himachal Pradesh are directed to provide necessary medical treatment to the cows and animals as and when brought before them. No Government Veterinary Officer/Doctor shall refuse to treat stray cattle brought before him by the authorities or any enlightened citizen. All the Veterinary Hospitals in the State of Himachal Pradesh are directed to provide necessary medical treatment to the cows and animals as and when brought before them. No Government Veterinary Officer/Doctor shall refuse to treat stray cattle brought before him by the authorities or any enlightened citizen. Every citizen has a right to bring to the notice of the Veterinary Officer/Doctor throughout the State of Himachal Pradesh the location of the Cow or stray animal suffering from any disease or injury for its treatment. The necessary registers to this effect shall also be maintained punctually by the Veterinary Officers. x) The State Government is also directed to make the citizen throughout the State of Himachal Pradesh aware about the animal rights and their welfare by issuing public notices in the leading English and Vernacular Newspapers within two weeks. xi) All Local Bodies including M.C. Shimla, Municipal Council, Nagar Panchayats and Panchayats are directed to construct in their respective jurisdiction =gaushalas'/=gausadans' or shelters for housing cows and stray cattle within a period of six months from today. The =gaushalas'/=gausadans' or shelter should be constructed on scientific lines, taking into consideration the comfort of animals to be housed there. The necessary funds shall be released by the State Government to all the local bodies for the construction of=gaushalas'/=gausadans' or shelters within a reasonable period. It shall be the responsibility of the Local Authorities to provide proper food to the animals housed therein. xii) The State Government is directed to appoint infirmaries within a period of 7 days in order to treat and take care of the animals as per Section 35 of the Prevention of Cruelty to Animals Act, 1960. xiii) A Co-ordination Committee shall be constituted in each district comprising of the Deputy Commissioner, Superintendent of Police, Government Veterinary Officers/Doctors. This Committee shall be responsible for eradicating the menace of stray cattle. xiv) The Principal Secretary to the Government of Himachal Pradesh is directed to issue necessary instructions towards the implementation of the aforesaid orders. He shall be personally liable for the implementation of the orders.? 43. The Superintending Engineers of all National Highways in the State of Himachal Pradesh and State Highways were directed to ensure that no stray cattle, including cows and bulls come to the roads. He shall be personally liable for the implementation of the orders.? 43. The Superintending Engineers of all National Highways in the State of Himachal Pradesh and State Highways were directed to ensure that no stray cattle, including cows and bulls come to the roads. The Commissioner, M.C. Shimla and Executive Officers of all the Municipal Councils, Nagar Panchayats and Pradhans of the Gram Panchayats were directed to ensure that all the roads passing through their jurisdiction are kept free from the stray cattle to ensure free and smooth flow of the traffic. However, the fact of the matter is that despite the mandatory directions issued by this Court, the stray animals are still a menace on the roads. The presence of stray animals on roads causes accidents and in the process the innocent animals also receive fatal injuries. The directions were issued though on 7.10.2014 but till date, the roads in the State of Himachal Pradesh are not free from menace of stray cattle. 44. Accordingly, the Chief Secretary to the Government of Himachal Pradesh is directed to take disciplinary proceedings against the Superintending Engineers who were made responsible to ensure that no stray cattle, including cows and bulls come on the roads. The Chief Secretary is also directed to initiate disciplinary proceedings against the Commissioner, M.C. Shimla and Executive Officers of all the Municipal Councils, Nagar Panchayats and Pradhans of the Gram Panchayats in whose jurisdiction stray cattle are found on the roads passing through their respective jurisdiction in order to implement the orders dated 7.10.2014 in letter and spirit. 45. This Court has also directed, as noticed hereinabove, that no person in the State of Himachal Pradesh shall slaughter, cause or cause to be slaughtered, or offer, or cause to be offered for slaughter, any cow/calf and no person shall export cow for the purpose of slaughter either directly or through his agent or servant or any other person acting on his behalf if the same is likely to be slaughtered. The cow/calf are being exported and imported in various States for slaughtering purposes. The import and export of cow/calf from one State to another State requires necessary steps i.e. guidelines, regulations and legislation etc. to prohibit slaughtering of cow/calf by the Union of India in view of Article 48 of the Constitution of India, which reads as under: ?48. The cow/calf are being exported and imported in various States for slaughtering purposes. The import and export of cow/calf from one State to another State requires necessary steps i.e. guidelines, regulations and legislation etc. to prohibit slaughtering of cow/calf by the Union of India in view of Article 48 of the Constitution of India, which reads as under: ?48. Organisation of agriculture and animal husbandry: The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle.? 46. Their lordships of the Hon'ble Supreme Court in the case of State of Gujarat vrs. Mirzapur Moti Kureshi Kassab Jamat and others, reported in (2005) 8 SCC 534 , have held that Article 48 consists of two parts. The first part enjoins the State to ?endeavour to organize agricultural and animal husbandry? and that too ?on modern and scientific lines?. The subject is ?agriculture and animal husbandry?. The second part of Article 48 enjoins the State, dehors the generality of the mandate contained in its first part, to take steps, in particular, ?for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle?. Article 51-A (g) enjoins it as a fundamental duty of every citizen ?to have compassion for living creatures?, which in its wider fold embraces the category of cattle spoken of specifically in Article 48. Their lordships further held that fundamental duties play a significant role in determining constitutional validity of a statutory provision or executive act, or for testing reasonableness of any restriction cast by law on exercise of any fundamental right. Their lordships have interpreted the interrelationship between Article 48, 48-A and 51-A (g) of the Constitution. Their lordships have also held that the restrictions placed on any fundamental right, aimed at securing directive principles will be held as reasonable and hence intra vires subject to two limitations: first, that it does not run in clear conflict with the fundamental right, and secondly, that it has been enacted within the legislative competence of the enacting legislature under Part XI Chapter I of the Constitution. Their lordships have further held that the expression ?milch or draught cattle? Their lordships have further held that the expression ?milch or draught cattle? in Article 48, are words which are a description of a classification of species of cattle as distinct from cattle which by their nature are not milch or draught. It has been held as follows: ?36. "It was the Sapru Committee (1945) which initially suggested two categories of rights: one justiciable and the other in the form of directives to the State which should be regarded as fundamental in the governance of the country Those directives are not merely pious declarations. It was the intention of the framers of the Constitution that in future both the Legislature and the Executive should not merely pay lip service to these principles but they should be made the basis of all legislative and executive actions that the future Government may be taking in matter of governance of the country. (Constituent Assembly Debates, Vol.7, at page 41)" (See: The Constitution of India, D.J. De, Second Edition, 2005, p.1367). If we were to trace the history of conflict and irreconciliability between Fundamental Rights and Directive Principles, we will find that the development of law has passed through three distinct stages. 37. To begin with, Article 37 was given a literal meaning holding the provisions contained in Part IV of the Constitution to be unenforceable by any Court. In The State of Madras v. Srimathi Champakam Dorairajan, 1951 SCR 525 , it was held that the Directive Principles of State Policy have to conform to and run as subsidiary to the Chapter of Fundamental Rights. The view was reiterated in Deep Chand and Anr. v. The State of Uttar Pradesh and Others, 1959 Supp. (2) SCR 8. The Court went on to hold that disobedience to Directive Principles cannot affect the legislative power of the State. So was the view taken in In Re : The Kerala Education Bill, 1957, 1959 SCR 995 . 38. With L.C. Golak Nath and others v. State of Punjab and Another, (1967) 2 SCR 762 , the Supreme Court departed from the rigid rule of subordinating Directive Principles and entered the era of harmonious construction. The need for avoiding a conflict between Fundamental Rights and Directive Principles was emphasized, appealing to the legislature and the courts to strike a balance between the two as far as possible. The need for avoiding a conflict between Fundamental Rights and Directive Principles was emphasized, appealing to the legislature and the courts to strike a balance between the two as far as possible. Having noticed Champakam (supra) even the Constitution Bench in Quareshi-I chose to make a headway and held that the Directive Principles nevertheless are fundamental in the governance of the country and it is the duty of the State to give effect to them. "A harmonious interpretation has to be placed upon the Constitution and so interpreted it means that the State should certainly implement the directive principles but it must do so in such a way that its laws do not take away or abridge the fundamental rights, for otherwise the protecting provisions of Part III will be a 'mere rope of sand'." Thus, Quareshi-I did take note of the status of Directive Principles having been elevated from 'sub-ordinate' or 'sub-servient' to 'partner' of Fundamental Rights in guiding the nation. 39. Kesavananda Bharati Sripadagalvaru and Anr. v. State of Kerala and Anr., (1973) 4 SCC 225 , a thirteen-Judge Bench decision of this Court is a turning point in the history of Directive Principles jurisprudence. This decision clearly mandated the need for bearing in mind the Directive Principles of State Policy while judging the reasonableness of the restriction imposed on Fundamental Rights. Several opinions were recorded in Kesavananda Bharati and quoting from them would significantly increase the length of this judgment. For our purpose, it would suffice to refer to the seven-Judge Bench decision in Pathumma and Others v. State of Kerala and Ors., (1978) 2 SCC 1 , wherein the learned Judges neatly summed up the ratio of Kesavananda Bharati and other decisions which are relevant for our purpose. Pathumma (supra) holds :- " (1) Courts interpret the constitutional provisions against the social setting of the country so as to show a complete consciousness and deep awareness of the growing requirements of society, the increasing needs of the nation, the burning problems of the day and the complex issues facing the people, which the legislature, in its wisdom, through beneficial legislation, seeks to solve. The judicial approach should be dynamic rather than static, pragmatic and not pedantic and elastic rather than rigid. The judicial approach should be dynamic rather than static, pragmatic and not pedantic and elastic rather than rigid. This Court while acting as a sentinel on the qui vive to protect fundamental rights guaranteed to the citizens of the country must try to strike a just balance between the fundamental rights and the larger and broader interests of society so that when such a right clashes with a larger interest of the country it must yield to the latter. (Para 5) (2) The Legislature is in the best position to understand and appreciate the needs of the people as enjoined in the Constitution. The Court will interfere in this process only when the statute is clearly violative of the right conferred on a citizen under Part III or when the Act is beyond the legislative competence of the legislature. The courts have recognised that there is always a presumption in favour of the constitutionality of the statutes and the onus to prove its invalidity lies on the party which assails it. (Para 6) (3) The right conferred by Article 19 (1) (f) is conditioned by the various factors mentioned in clause (5). (Para 8) (4) The following tests have been laid down as guidelines to indicate in what particular circumstances a restriction can be regarded as reasonable: (a) In judging the reasonableness of the restriction the court has to bear in mind the Directive Principles of State Policy. (Para 8) (b) The restrictions must not be arbitrary or of an excessive nature so as to go beyond the requirements of the interests of the general public. The legislature must take intelligent care and deliberation in choosing the course which is dictated by reason and good conscience so as to strike a just balance between the freedom in the article and the social control permitted by the restrictions under the article. (Para 14) (c) No abstract or general pattern or fixed principle can be laid down so as to be of universal application. It will have to vary from case to case and having regard to the changing conditions, the values of human life, social philosophy of the Constitution, prevailing conditions and the surrounding circumstances all of which must enter into the judicial verdict. It will have to vary from case to case and having regard to the changing conditions, the values of human life, social philosophy of the Constitution, prevailing conditions and the surrounding circumstances all of which must enter into the judicial verdict. (Para 15) (d) The Court is to examine the nature and extent, the purport and content of the right, the nature of the evil sought to be remedied by the statute, the ratio of harm caused to the citizen and the benefit conferred on the person or the community for whose benefit the legislation is passed. (Para 18) (e) There must be a direct and proximate nexus or a reasonable connection between the restriction imposed and the object which is sought to be achieved. (Para 20) (f) The needs of the prevailing social values must be satisfied by the restrictions meant to protect social welfare. (Para 22) (g) The restriction has to be viewed not only from the point of view of the citizen but the problem before the legislature and the object which is sought to be achieved by the statute. In other words, the Court must see whether the social control envisaged by Article 19 (1) is being effectuated by the restrictions imposed on the fundamental right. However important the right of a citizen or an individual may be it has to yield to the larger interests of the country or the community. (Para 24) (h) The Court is entitled to take into consideration matters of common report history of the times and matters of common knowledge and the circumstances existing at the time of the legislation for this purpose. (Para 25)" 41. The message of Kesavananda Bharati is clear. The interest of a citizen or section of a community, howsoever important, is secondary to the interest of the country or community as a whole. For judging the reasonability of restrictions imposed on Fundamental Rights the relevant considerations are not only those as stated in Article 19 itself or in Part-III of the Constitution; the Directive Principles stated in Part-IV are also relevant. Changing factual conditions and State policy, including the one reflected in the impugned enactment, have to be considered and given weightage to by the courts while deciding the constitutional validity of legislative enactments. Changing factual conditions and State policy, including the one reflected in the impugned enactment, have to be considered and given weightage to by the courts while deciding the constitutional validity of legislative enactments. A restriction placed on any Fundamental Right, aimed at securing Directive Principles will be held as reasonable and hence intra vires subject to two limitations : first, that it does not run in clear conflict with the fundamental right, and secondly, that it has been enacted within the legislative competence of the enacting legislature under Part XI Chapter I of the Constitution. 46. Very recently in Indian Handicrafts Emporium and Ors. v. Union of India and Ors., (2003) 7 SCC 589 , this Court while dealing with the case of a total prohibition reiterated that 'regulation' includes 'prohibition' and in order to determine whether total prohibition would be reasonable, the Court has to balance the direct impact on the fundamental right of the citizens as against the greater public or social interest sought to be ensured. Implementation of the Directive Principles contained in Part IV is within the expression of 'restriction in the interests of the general public'. 47. Post Kesavananda Bharati so far as the determination of the position of Directive Principles, vis-a-vis Fundamental Rights are concerned, it has been an era of positivism and creativity. Article 37 of the Constitution which while declaring the Directive Principles to be unenforceable by any Court goes on to say "that they are nevertheless fundamental in the governance of the country." Several clauses of Article 37 themselves need to be harmoniously construed assigning equal weightage to all of them. The end part of Article 37 "It shall be the duty of the State to apply these principles in making laws" is not a pariah but a constitutional mandate. The series of decisions which we have referred to hereinabove and the series of decisions which formulate the 3-stages of development of the relationship between Directive Principles and Fundamental Rights undoubtedly hold that, while interpreting the interplay of rights and restrictions, Part-III (Fundamental Rights) and Part-IV (Directive Principles) have to be read together. The series of decisions which we have referred to hereinabove and the series of decisions which formulate the 3-stages of development of the relationship between Directive Principles and Fundamental Rights undoubtedly hold that, while interpreting the interplay of rights and restrictions, Part-III (Fundamental Rights) and Part-IV (Directive Principles) have to be read together. The restriction which can be placed on the rights listed in Article 19 (1) are not subject only to Articles 19 (2) to 19 (6); the provisions contained in the chapter on Directive Principles of State Policy can also be pressed into service and relied on for the purpose of adjudging the reasonability of restrictions placed on the Fundamental Rights. 48. Articles 48, 48-A and 51-A (g) (relevant clause) of the Constitution read as under :- "48. Organisation of agriculture and animal husbandry.-The State shall endeavour to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of cows and calves and other milch and draught cattle. 48-A. Protection and improvement of environment and safeguarding of forests and wild life.-The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. 51-A. Fundamental duties.-It shall be the duty of every citizen of India- (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;" Articles 48-A and 51-A have been introduced into the body of the Constitution by the Constitution (Forty-second Amendment) Act, 1976 with effect from 3.1.1977. These Articles were not a part of the Constitution when Quareshi-I, Quraishi-II and Mohd. Faruk's cases were decided by this Court. Further, Article 48 of the Constitution has also been assigned a higher weightage and wider expanse by the Supreme Court post Quareshi-I. Article 48 consists of two parts. The first part enjoins the State to "endeavour to organize agricultural and animal husbandry" and that too "on modern and scientific lines". The emphasis is not only on 'organization' but also on 'modern and scientific lines'. The subject is 'agricultural and animal husbandry'. India is an agriculture based economy. According to 2001 census, 72.2% of the population still lives in villages (See- India Vision 2020, p.99) and survives for its livelihood on agriculture, animal husbandry and related occupations. The emphasis is not only on 'organization' but also on 'modern and scientific lines'. The subject is 'agricultural and animal husbandry'. India is an agriculture based economy. According to 2001 census, 72.2% of the population still lives in villages (See- India Vision 2020, p.99) and survives for its livelihood on agriculture, animal husbandry and related occupations. The second part of Article 48 enjoins the State, de hors the generality of the mandate contained in its first part, to take steps, in particular, "for preserving and improving the breeds and prohibiting the slaughter of cows and calves and other milch and draught cattle". 49. Article 48-A deals with "environment, forests and wild life". These three subjects have been dealt with in one Article for the simple reason that the three are inter-related. Protection and improvement of environment is necessary for safeguarding forests and wild life, which in turn protects and improves the environment. Forests and wild life are clearly inter-related and inter-dependent. They protect each other. 50. Cow progeny excreta is scientifically recognized as a source of rich organic manure. It enables the farmers avoiding the use of chemicals and inorganic manure. This helps in improving the quality of earth and the environment. The impugned enactment enables the State in its endeavour to protect and improve the environment within the meaning of Article 48A of the Constitution. 51. By enacting clause (g) in Article 51-A and giving it the status of a fundamental duty, one of the objects sought to be achieved by the Parliament is to ensure that the spirit and message of Articles 48 and 48A is honoured as a fundamental duty of every citizen. The Parliament availed the opportunity provided by the Constitution (Forty-second Amendment) Act, 1976 to improve the manifestation of objects contained in Article 48 and 48- A. While Article 48-A speaks of "environment", Article 51-A (g) employs the expression "the natural environment" and includes therein "forests, lakes, rivers and wild life". While Article 48 provides for "cows and calves and other milch and draught cattle", Article 51-A (g) enjoins it as a fundamental duty of every citizen "to have compassion for living creatures", which in its wider fold embraces the category of cattle spoken of specifically in Article 48. 58. While Article 48 provides for "cows and calves and other milch and draught cattle", Article 51-A (g) enjoins it as a fundamental duty of every citizen "to have compassion for living creatures", which in its wider fold embraces the category of cattle spoken of specifically in Article 48. 58. It is thus clear that faced with the question of testing the constitutional validity of any statutory provision or an executive act, or for testing the reasonableness of any restriction cast by law on the exercise of any fundamental right by way of regulation, control or prohibition, the Directive Principles of State Policy and Fundamental Duties as enshrined in Article 51-A of the Constitution play a significant role. The decision in Quareshi-I in which the relevant provisions of the three impugned legislations was struck down on the singular ground of lack of reasonability, would have decided otherwise if only Article 48 was assigned its full and correct meaning and due weightage was given thereto and Articles 48-A and 51-A (g) were available in the body of the Constitution. 61. According to their inherent genetic qualities, cattle breeds are broadly divided into 3 categories (i) Milch breed (ii) Draught breed, and (iii) Dual purpose breed. Milch breeds include all cattle breeds which have an inherent potential for milk production whereas draught breeds have an inherent potential for draught purposes like pulling, traction of loads etc. The dual purpose breeds have the potential to perform both the above functions. 62. The term draught cattle indicates "the act of moving loads by drawing or pulling i.e. pull and traction etc. Chambers 20th Century Dictionary defines 'draught animal' as 'one used for drawing heavy loads'. 63. Cows are milch cattle. Calves become draught or milch cattle on attaining a particular age. Having specifically spoken of cows and calves, the latter being a cow progeny, the framers of the Constitution chose not to catalogue the list of other milch and draught cattle and felt satisfied by employing a general expression "other milch and draught cattle" which in their opinion any reader of the Constitution would understand in the context of the previous words "cows and calves". 64. "Milch and draught", the two words have been used as adjectives describing and determining the quality of the noun 'cattle'. 64. "Milch and draught", the two words have been used as adjectives describing and determining the quality of the noun 'cattle'. The function of a descriptive or qualitative adjective is to describe the shape, colour, size, nature or merits or demerits of the noun which they precede and qualify. In a document like the Constitution, such an adjective cannot be said to have been employed by the framers of the Constitution for the purpose of describing only a passing feature, characteristic or quality of the cattle. The object of using these two adjectives is to enable classification of the noun 'cattle' which follows. Had it been intended otherwise, the framers of the Constitution would have chosen a different expression or setting of words. 65. No doubt, cow ceases to be 'milch' after attaining a particular age. Yet, cow has been held to be entitled to protection against slaughter without regard to the fact that it has ceased to be 'milch'. This constitutional position is well settled. So is the case with calves. Calves have been held entitled to protection against slaughter without regard to their age and though they are not yet fit to be employed as 'draught cattle'. Following the same construction of the expression, it can be said that the words "calves and other milch and draught cattle" have also been used as a matter of description of a species and not with regard to age. Thus, 'milch and draught' used as adjectives simply enable the classification or description of cattle by their quality, whether they belong to that species. This classification is with respect to the inherent qualities of the cattle to perform a particular type of function and is not dependant on their remaining functional for those purposes by virtue of the age of the animal. "Milch and draught cattle" is an expression employed in Article 48 of the Constitution so as to distinguish such cattle from other cattle which are neither milch nor draught. 66. Any other meaning assigned to this expression is likely to result in absurdity. A milch cattle goes through a life cycle during which it is sometimes milch and sometimes it becomes dry. 66. Any other meaning assigned to this expression is likely to result in absurdity. A milch cattle goes through a life cycle during which it is sometimes milch and sometimes it becomes dry. This does not mean that as soon as a milch cattle ceases to produce milk, for a short period as a part of its life cycle, it goes out of the purview of Article 48, and can be slaughtered. A draught cattle may lose its utility on account of injury or sickness and may be rendered useless as a draught cattle during that period. This would not mean that if a draught cattle ceases to be of utility for a short period on account of sickness or injury, it is excluded from the definition of 'draught cattle' and deprived of the benefit of Article 48. 67. This reasoning is further strengthened by Article 51A (g) of the Constitution. The State and every citizen of India must have compassion for living creatures. Compassion, according to Oxford Advanced Learners' Dictionary means "a strong feeling of sympathy for those who are suffering and a desire to help them". According to Chambers 20th Century Dictionary, compassion is "fellow feeling, or sorrow for the sufferings of another : pity". Compassion is suggestive of sentiments, a soft feeling, emotions arising out of sympathy, pity and kindness. The concept of compassion for living creatures enshrined in Article 51A (g) is based on the background of the rich cultural heritage of India the land of Mahatma Gandhi, Vinobha, Mahaveer, Budha, Nanak and others. No religion or holy book in any part of the world teaches or encourages cruelty. Indian society is a pluralistic society. It has unity in diversity. The religions, cultures and people may be diverse, yet all speak in one voice that cruelty to any living creature must be curbed and ceased. A cattle which has served human beings is entitled to compassion in its old age when it has ceased to be milch or draught and becomes so-called 'useless'. It will be an act of reprehensible ingratitude to condemn a cattle in its old age as useless and send it to a slaughter house taking away the little time from its natural life that it would have lived, forgetting its service for the major part of its life, for which it had remained milch or draught. It will be an act of reprehensible ingratitude to condemn a cattle in its old age as useless and send it to a slaughter house taking away the little time from its natural life that it would have lived, forgetting its service for the major part of its life, for which it had remained milch or draught. We have to remember : the weak and meek need more of protection and compassion. 68. In our opinion, the expression 'milch or draught cattle' as employed in Article 48 of the Constitution is a description of a classification or species of cattle as distinct from cattle which by their nature are not milch or draught and the said words do not include milch or draught cattle, which on account of age or disability, cease to be functional for those purposes either temporarily or permanently. The said words take colour from the preceding words "cows or calves". A specie of cattle which is milch or draught for a number of years during its span of life is to be included within the said expression. On ceasing to be milch or draught it cannot be pulled out from the category of "other milch and draught cattle." 47. In the case of Supreme Court Employees’ Welfare Association vrs. Union of India and another, reported in (1989) 4 SCC 187 , their lordships have held that it is settled law that no Court can direct a legislature to enact a particular law. Similarly, when an executive authority exercises a legislative power by way of subordinate legislation pursuant to the delegated authority of a legislature, such executive authority cannot be asked to enact a law which he has been empowered to do under the delegated legislative authority. It has been held as follows: "51. There can be no doubt that no court can direct a legislature to enact a particular law. Similarly, when an executive authority exercises a legislative power by way of subordinate legislation pursuant to the delegated authority of a legis- lature, such executive authority cannot be asked to enact a law which he has been empowered to do under the delegated legislative authority." 48. Their lordships of the Hon'ble Supreme Court in the case of State of Jammu and Kashmir vrs. Their lordships of the Hon'ble Supreme Court in the case of State of Jammu and Kashmir vrs. A.R. Zakki and others, reported in AIR 1992 SC 1546 , have held that writ of mandamus cannot be issued to the legislature to enact a particular legislation. Same is true as regards the executive when it exercises the power to make rules, which are in the nature of subordinate legislation. 49. Their lordships of the Hon'ble Supreme Court in the case of S.R. Bommai and others etc. etc. vrs. Union of India and others, reported in AIR 1994 SC 1918 , have held that secularism is one of the basic feature of the Constitution: "Ahmadi, J.:-Notwithstanding the fact that the words 'Socialist', and 'Secular' were added in the Preamble of the Constitution in 1976 by the 42nd Amendment, the concept of Secularism was very much embedded in our Constitutional philosophy. The term 'secular' has advisedly not been defined presumably because it is a very elastic term not capable of a precise definition and perhaps best left undefined. By this amendment what was implicit was made explicit. Sawant, J. (for himself and on behalf of Kuldip Singh, J). (Pandian, J. concurring):- The Preamble and Arts. 25, 26, 29, 30, 44, 51-A, 14, 15, 16 by implication prohibit the establishment of a theocratic State and prevent the State either identifying itself with or favouring any particular religion or religious sect or denomination. The State is enjoined to accord equal treatment to all religions and religious sects and denominations. Under our Constitution whatever be the attitude or the State towards the religion, religious sects and denominations, religion cannot be mixed with any secular activity of the State. In fact, the encroachment of religion into secular activities is strictly prohibited. The State's tolerance of religion or religions does not make it either a religious or a theocratic State. K.Ramaswamy, J. (concurring with Sawant and B.P. Jeevan Reddy, JJ.)- Secularism is part of the fundamental law and basic structure of the Indian Political system to secure to all its people socio-economic needs essential for man's excellence with material and moral prosperity and political justice. B.P. Jeevan Reddy, J. (for himself and on behalf of S.C. Agrawal, J.) (Pandian, J. Concurring)- Secularism is one of the basic features of the Constitution. B.P. Jeevan Reddy, J. (for himself and on behalf of S.C. Agrawal, J.) (Pandian, J. Concurring)- Secularism is one of the basic features of the Constitution. While freedom of religion is guaranteed to all persons in India, from the point of view of the State, the religion, faith or belief of a person is immaterial. To the state, all are equal and are entitled to be treated equally. In matters of State, religion has no place. No political party can simultaneously be a religious party. Politics and religion cannot be mixed. Any State government which pursues unsecular policies or unsecular course of action acts contrary to the constitutional mandate and renders itself amenable to action under Article 356. Secularism is thus more than a passive attitude of religious tolerance. It is a positive concept of equal treatment of all religious. This attitude is described by some as one of neutrality towards religion or as one of benevolent neutrality. This may be a concept evolved by western liberal thought or it may be, as some say, an abiding faith with the Indian people at all points of time. That is not material. What is material is that it is a constitutional goal and a basic feature of the Constitution as affirmed in Keshavananda Bharti and Indira N. Gandhi v. Raj Narain [1975] 2 S.C.C. 159. Any step inconsistent with this constitutional policy is, in plain words, unconstitutional. This does not mean that the State has no say whatsoever in matters of religion. Laws can be made regulating the secular affairs of Temples, Mosques and other places of worship; and maths. The power of the Parliament to reform and rationalise the personal laws is unquestioned. The command of Article 44 is yet to be realised. In short, in the affairs of the State (in its widest connotation) religion is irrelevant; it is strictly a personal affair. In this sense and in this behalf, our Constitution is broadly in agreement with the U.S. Constitution, the First Amendment whereof declares that " Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof..." (generally referred to as the "establishment clause"). Perhaps, this is an echo of the doctrine of separation of Church and State; may be it is the modern political thought which seeks to separate religion from the State - it matters very little. Perhaps, this is an echo of the doctrine of separation of Church and State; may be it is the modern political thought which seeks to separate religion from the State - it matters very little. In this view of the matter, it is absolutely erroneous to say that secularism is a "vacuous word" or a "phantom concept"." 50. The law makers must respect the religious sentiments of the minorities. Article 25 of the Constitution of India guarantees equality of all religions. The secularism is one of the basic features of the Constitution of India. The people should not hurt thereligious sentiments of each other. There should be cohesiveness in the society. Strifes tears apart the fibre of democracy. Strifes also generate mistrust for each other. 51. Though, no writ of mandamus can be issued to respondent No. 10 to enact a legislation to prohibit slaughtering of cow/calf and putting restrictions on import and export of cow/calf, milch and other cattle or import and export of cow/calf, including sale of beef or beef products, however, in view of Article 48, 48-A and 51-A (g) of the Constitution of India, the Union of India is directed to consider to enact the law prohibiting slaughtering of cow/calf, import or export of cow/calf, selling of beef or beef products, in its own wisdom at the national level, within a period of three months from today. The Union of India is also directed to provide also necessary funds to the State Government for housing and providing fodder to cows/stray cattle form the specially framed Schemes for the protection and conservation of cow/calf within three months from today. The necessary personal compliance affidavit be filed by the concerned Secretary of the Union of India in this regard before the next date of hearing. 52. List on 6.1.2016.