JUDGMENT : R. Subhash Reddy, J. 1. As common questions of law, on similar set of facts are involved in these two writ-petitions, they are heard together and disposed of by this common judgment. For the purpose of disposal, we draw facts as narrated in Writ Petition (PIL) No. 9 of 2017. 2. Writ Petition (PIL) No. 9 of 2017 is filed by way of Public Interest Litigation by the petitioner who is a senior citizen aged about 96 years and resident of Memnagar in the city of Ahmedabad, seeking the reliefs which read as under:- "(A) Your Lordships may be pleased to admit and allow the present petition. (B) Your Lordships may be pleased to issue a writ of Mandamus or a writ in nature of Mandamus and/or any other appropriate writs, orders and/or directions and thereby directing the respondent authority to stop the functioning of Respondent No. 4 in the Memnagar Area as because of which the entire area has been declared as "Bird Flue" affected zone and further be pleased to direct the respondent authority to take appropriate steps against respondent No. 4 trust. (C) Your Lordships may be pleased to issue a writ of Mandamus or a writ in nature of Mandamus and/or any other appropriate writs, orders and/or directions by directing the respondent authority to investigate as to how and in what circumstances affected birds were brought to the Memnagar area and under whose direction they have been culled and buried there itself and further be pleased to take appropriate steps against the responsible government officials and further be pleased to compensate the local residents of the Memnagar area. (D) Pending hearing and final disposal of this petition, Your Lordship may be pleased to stay and suspend implementation, execution and operation of the Respondent No. 4 from its further functioning. (E) Such other and further reliefs as may be deem just and proper in the facts and circumstances of the case may please be granted in favour of the petitioner in the interest of justice." 3. The case of the petitioner in Writ Petition (PIL) No. 9 of 2017, as narrated in the petition is that, he is the resident of Memnagar area of Ahmedabad and has been residing in the said area for the last 50 years. The case of the petitioner in Writ Petition (PIL) No. 9 of 2017, as narrated in the petition is that, he is the resident of Memnagar area of Ahmedabad and has been residing in the said area for the last 50 years. According to the petitioner, the State Government as well as the Police Commissioner, due to their incapacity and lack of control, have allowed the respondent No. 4 to bring the bird flu virus affected birds to the purely residential area of the city and out of them, at least more than 200 birds were also already affected by H5N1 (Bird Flue) virus and the same is within the knowledge of the respondents, in spite of the same, the respondent Nos. 1 and 2 allowed the infected birds to be transferred to the city area which is against the public interest at large. It is further the case of the petitioner that Memnagar area is purely residential area situated near the farm/premises of the 4th respondent and there is St. Xavier's School, where some 2000 students are studying, therefore, it is dangerous for the students also in view of the action of the 4th respondent in bringing such birds to the farm/premises of the 4th respondent. According to the petitioner, about 150 birds which were affected with Avian Influenza were culled and buried within the premises of the 4th respondent which is absolutely dangerous for the health of the local residents. The respondents have notified 1 km area of Memnagar, Ahmedabad as "Bird Flu Affected" zone and 10 kms area as "Alert Zone" as it is confirmed that the birds which have been kept at the premises of the respondent No. 4 are infected with H5N1 virus (Bird Flu virus). It is further case of the petitioner that St. Xavier's School is situated at a distance of only 200 meters from the premises of the 4th respondent and by allowing the culling and burying of the affected birds within the premises of the 4th respondent, the respondent authorities have created dangerous situation for the spread of the virus. It is the grievance of the petitioner that the 2nd respondent has taken steps to put danger signboards across the area and has also deployed police personnel in the area, as such, it has created a panic like situation among the local residents of the entire Memnagar area. It is the grievance of the petitioner that the 2nd respondent has taken steps to put danger signboards across the area and has also deployed police personnel in the area, as such, it has created a panic like situation among the local residents of the entire Memnagar area. Further grievance of the petitioner is that the respondent authorities have issued a notification restricting the movement of the people in the area, but at the same time, they have not taken any steps to provide medical helpline or taken preventive steps to contain the spread of virus. With the aforesaid facts, the petitioner seeks directions against the respondent authorities by way of mandamus to stop functioning of the 4th respondent in the Memnagar area and to issue directions for investigation as to how and in what circumstances the respondent authorities have allowed the affected birds to be transferred into Memnagar area. In this petition, directions are also sought against Sarva Dharma Rakshak Seva Trust, an N.G.O. who is the 4th respondent in the petition. 4. Subsequent to filing of the aforesaid Writ Petition (PIL) No. 9 of 2017, another writ-petition being Writ Petition (PIL) No. 17 of 2017 is filed with similar contentions with reference to the area of Hathijan and Viranjali Van. Even in this petition, Sarva Dharma Rakshak Seva Trust is also respondent No. 6, whereas Asha Foundation, another N.G.O. is respondent No. 5. 5. Additional affidavit is filed in Writ Petition (PIL) No. 9 of 2017 sworn by one Narendrasinh Joravarsinh Jadav, wherein it is stated that he is the resident of Memnagar area and his tenement is just adjoining the plot wherein all the infected birds were culled and buried. It is stated in the additional affidavit that on 18th January 2017 in the early hours, he heard noise of a big JCB machine and therefore he went to the balcony and saw that the respondent authorities were using JCB machine to dig the earth where all the birds were culled and buried. It is further stated in the additional affidavit that as it was dark, it created a doubt that whether the respondent authorities were burying new birds in the said land or taking out the birds which were already buried inside the premises of the 4th respondent. 6. It is further stated in the additional affidavit that as it was dark, it created a doubt that whether the respondent authorities were burying new birds in the said land or taking out the birds which were already buried inside the premises of the 4th respondent. 6. One more affidavit is filed which is sworn by one Ashish Rajnikant Parikh, who claims to be the resident of Memnagar area. In the said affidavit it is stated that even after the Police Commissioner has issued notification on 12th January 2017, prohibiting public movement etc., all the activities as well as get together were going on in the entire area, that too in the presence of the police personnel. 7. Affidavit in reply is filed on behalf of 3rd respondent-Ahmedabad Municipal Corporation, which is sworn by a medical officer of the respondent No. 3 Corporation. While denying the various allegations made by the petitioners in the petitions, it is averred that 3rd respondent, being a statutory body has not considered the captioned petition as adversarial litigation, however, all the details are given regarding the steps taken by 3rd respondent to avoid any epidemic situation, more particularly in view of the virus known as "Avian Influenza" (H5N1) virus, popularly known as "Bird Flu" virus. It is stated in the affidavit in reply that the Central Government, through the department of Director General of Health Services (DGHS), Ministry of Health & Family Welfare, has framed detailed guidelines known as "Contingency Plan for Management of the Human Case of the Avian Influenza." As per the said guidelines, there is Standard Operating System prescribed by the Central Government and the Action Plan, and as per the said Standard Operating System, Municipal Corporation is one of the agencies which would implement the above-referred Action Plan with the help of other government agencies. It is averred by 3rd respondent in the affidavit in reply that the respondents authorities are aware of the situation and no positive case of human body getting affected with H5N1 is reported so far in India, however, the answering respondent is alive of the situation and taking all possible steps absolutely in consonance with the guidelines issued by the Union of India and in view of the necessity, even extra care is taken having regard to the prevailing situation. It is further averred that steps are taken by the respondent No. 3 in the recent past for surveillance, preventive measures as well as procedure for disinfecting the area etc, as shown in Annexure R/1 enclosed along with the affidavit in reply. By referring to the Annexure R/1, it is stated that the same would suggest that the answering respondent has taken all possible steps in accordance with the guidelines notified by the Government of India. It is further say of the answering respondent that almost all the premises are, for the purpose of the surveillance, on constant search falling within the infected area, that is, 0 to 1 km from the epicenter and further steps are taken by the answering respondent by using insecticides and efforts are made to avoid spread of any infection in the area. As per the guidelines of the Government of India, infected/suspected birds are to be culled out by the agency of the State Government, that is, Department of Animal Husbandry and the answering respondent is rendering all assistance to the said agency. It is further averred in the affidavit in reply that after coming to know that certain birds were suspected to have been infected with Avian Influenza, steps are taken by the answering respondent, which facts are narrated in detail in paras 7 and 8 of the affidavit in reply. The said paras 7 and 8 read as under: "7. It is submitted that on 04.01.2017 the answering respondent came to know that certain birds are suspected of having infection AVIAN INFLUENZA and therefore, 8 persons/workmen were identified who came in the physical contact with infected and/or suspected birds. Immediately upon identification answering respondent has started 'prophylactic treatment' and even family members of such 8 persons/workmen were surveyed with exhaustive details and only after satisfying about their non infection and after completion of the surveillance of 10 days said 8 persons were permitted to go away. It is to be noted here that recently officers of the Animal Husbandry have undertaken the task of the culling of about 159 who were buried as per the DGHS guidelines at Memnagar area, even those 3 officers/workers of the department of the Animal Husbandry, State of Gujarat are kept in quarantine. It is to be noted here that recently officers of the Animal Husbandry have undertaken the task of the culling of about 159 who were buried as per the DGHS guidelines at Memnagar area, even those 3 officers/workers of the department of the Animal Husbandry, State of Gujarat are kept in quarantine. Thus, it is clear that all officers may be of the State Government and/or corporations are giving their best so as to avoid any epidemic situation and to avoid any infection of the H5N1 virus to the human body. It would not fair on the part of the petitioner to submit otherwise. It is submitted that being statutory body answering corporation can only initiate prompt, effective and honest attempt with the help of the expert and in view of the guidelines issued by the central government so as to avoid any epidemic situation more particularly in the field of the AVIAN INFLUENZA which would easily spread through bird. Thus, answering respondent would take all care and would continue with such activity without levying any aspects untouched. 8. It would not out of place to mention here that as the Staff of the Health Department of the answering corporation is limited and the task was hard, more human agencies were required therefore, answering respondents had transferred workers/officers from other zone so as to concentrate on infected area so that the infected area may not be spread over so as to reduce further complications. Even help of the State Government for temporarily deployment of the officers were obtained by the corporation. Thus, totality of the fact would suggest that all possible effective steps are taken so as to avoid any unhealthy situation and up till now with the grace of the God answering respondent with the help of the public at large is successful for the purpose." 8. Separate affidavit in reply has been filed on behalf of the 1st respondent, which is sworn by one Dr. Dinkar Raval, Deputy Director (Epidemics), Gandhinagar. While denying various allegations made by the petitioner in the petition, factual aspects are stated with regard to Avian Influenza (AI)-Bird Flue-H5N1, method of transmission, reasons for causing Bird Flu, risk factors of Bird Flu and the steps to be taken for prevention of Bird Flu. Paragraphs 4, 5 and 6 of the said affidavit read as under:- "4. While denying various allegations made by the petitioner in the petition, factual aspects are stated with regard to Avian Influenza (AI)-Bird Flue-H5N1, method of transmission, reasons for causing Bird Flu, risk factors of Bird Flu and the steps to be taken for prevention of Bird Flu. Paragraphs 4, 5 and 6 of the said affidavit read as under:- "4. Before dealing with the grounds raised in the present petition, the present deponent craves leave to place certain factual aspects on record. Avian Influenza (AI)-Bird Flu-H5N1 Avian influenza (I), as per World Organization for Animal Health (OIE), is defined as an infection of poultry caused by any influenza. A virus of the H5 or H7 subtypes or by any influenza "A" virus with an intravenous pathogenicity index (IVPI) greater than 1.2. Avian Influenza (AI) viruses have been circulating worldwide for centuries with four known outbreaks recorded in the last century. The present wave of highly pathogenic avian influenza (HPAI) emerged in Hong Kong in 1997. India notified the first outbreak of avian influenza on the 18th February 2006. Since then, outbreaks have been reported in Maharashtra, Gujarat, Madhya Pradesh, Manipur, West Bengal, Tripura, Assam, Sikkim, Odisha, Meghalaya, Karnataka, Bihar, Chhattisgarh, Kerala and Chandigarh. Notably not a single case of any human being infected with Bird flu is registered in the country. Transmission There are many subtypes of avian influenza viruses, but only some strains of five subtypes have been known to infect humans: H5N1, H7N3, H7N7, H7N9, and H9N2. (i) Most human cases of the avian flu are a result of either handling dead infected birds or from contact with infected fluids. (ii) It can also be spread through contaminated surfaces and droppings. (iii) There is currently a large threat of this in Asia with infected poultry due to low hygiene conditions and close inhabitation. Although it is easy for humans to contract the infection from birds, human-to-human transmission is more difficult without prolonged contact. What causes Bird Flu? (i) Although there are several types of bird flu, H5N1 was the first avian influenza virus to infect humans. (ii) The first infection occurred in Hong Kong in 1997. The outbreak was linked to handling infected poultry. (iii) H5N1 occurs naturally in wild waterfowl, but it can spread easily to domestic poultry. What causes Bird Flu? (i) Although there are several types of bird flu, H5N1 was the first avian influenza virus to infect humans. (ii) The first infection occurred in Hong Kong in 1997. The outbreak was linked to handling infected poultry. (iii) H5N1 occurs naturally in wild waterfowl, but it can spread easily to domestic poultry. The disease is transmitted to humans through contact with infected bird feces, nasal secretions, or secretions from the mouth or eyes. (iv) Consuming properly cooked poultry or eggs from infected birds does not transmit the bird flu, but eggs should never be served runny. (v) Meat is considered safe if it has been cooked to an internal temperature of 165 of. What are Bird Flu Risk Factors? (i) H5N1 has the ability to survive for extended periods of time. Birds infected with H5N1 Continue to release the virus in feces and saliva for as long as 10 days. Touching contaminated surfaces can spread the infection. You may have a greater risk of contracting H5N1 if you are: (i) A poultry farmer (ii) A traveller visiting affected areas (iii) Exposed to infected birds (iv) Someone who eats undercooked poultry or eggs (v) A healthcare worker caring for infected patients (vi) A household member of an infected person Bird Flu Prevention (i) Proper reporting of an isolated case can help to prevent spread. With proper infection control and use of personal protective equipment, the chance for infection is low. Protecting the eyes, nose, mouth, and hands is important for prevention because these are the most common ways for the virus to enter the body. (ii) Recommendation is that if a worker develops symptoms within 10 days of working with infected poultry or potentially contaminated materials, they should seek care and notify their employer, who should notify public health officials. (iii) Vaccines for poultry have been formulated against several of the avian H5N1 influenza varieties. Control measures for HPAI encourage mass vaccinations of poultry. The FDA has approved a vaccine designed to protect against the avian flu, but the vaccine is not currently available to the public. However, you can minimize your risk by avoiding: (i) Open air markets (ii) Contact with infected birds (iii) Undercooked poultry The practice of good hygiene and washing of hand is necessary. 5. The FDA has approved a vaccine designed to protect against the avian flu, but the vaccine is not currently available to the public. However, you can minimize your risk by avoiding: (i) Open air markets (ii) Contact with infected birds (iii) Undercooked poultry The practice of good hygiene and washing of hand is necessary. 5. The Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India has notified a "Contingency Plan For Management of Human Cases of Avian Influenza." The action plan is compendium of instructions to be scrupulously followed by all concerned, Departments, Corporations, other local Bodies and all responsible for the management of the viral outbreak. The manual step by step directs what action is to be taken by which departments. It contains counter checks and balances to ensure that there is counter vigilance and surveillance and as far as possible there is zero error in management of the virus. The Department of Animal Husbandry, Government of India has issued guidelines for management of Avian Flu, i.e. H5N1 virus. 6. I say and submit that managing of bird flu is handled by different departments in co-ordination with each other. They are:- (i) Animal Husbandry Department. (ii) Health and Family Welfare Department (through Director of Public Health). (iii) Revenue Department. (iv) Ahmedabad Municipal Corporation. (v) Forest Department. (vi) Home Department. 31.12.2016: Asha foundation an NGO claiming to be engaged in the protection and welfare of birds had reported a sudden mortality of birds to the Department of Animal Husbandry. Officers from the department had visited the foundation on the same day i.e. 31st December 2016: 31.12.2016: Samples were drawn for testing at National Institute of High Security Animal Diseases (NIHSAD), Bhopal 2.1.2017: Deputy Director of Animal Husbandry Department and Assistant Director of Animal Husbandry, District Panchayat, Ahmedabad, received phone call from a cell No. 9824037521 at 14.59 hours reporting that some unknown persons have released large number of birds near Vastral pond near the Rabari Colony. On receiving the phone call, Dy. Director of Animal Husbandry, Assistant Director, District Panchayat, Ahmedabad and Dy. Director, Intensive Poultry Development Block, jointly visited the said location. On reaching the location, a large crowd of people were found present. Officers were informed that approximately 1200 odd birds had already been picked up by the employees of foundation located at Hathijan. On receiving the phone call, Dy. Director of Animal Husbandry, Assistant Director, District Panchayat, Ahmedabad and Dy. Director, Intensive Poultry Development Block, jointly visited the said location. On reaching the location, a large crowd of people were found present. Officers were informed that approximately 1200 odd birds had already been picked up by the employees of foundation located at Hathijan. Since foundation was already under surveillance of the department, officers restrained the persons from the foundation from carrying any more birds to the foundation at Hathijan. Volunteers from the local public and bird lovers took it up themselves and picked up approximately 150 birds which taken to the Sarva Dharma Rakshak Seva Trust, Memnagar. It may noted that when the officers visited the location, none of the birds were dead and all appeared to be healthy. 2.1.2017: Report was received that the birds at Asha foundation were infected with H5N1 immediately and notification was issued by the State Government as well as the Collector u/s. 144 of the Code of Criminal Procedure. 3.1.2017: In order to ensure that no such virus has spread at Memnagar, officers from the Animal Husbandry visited Sarva Dharma Rakshak Seva Trust, Memnagar, Samples were drawn and sent by special messenger to NIHSAD, Bhopal. The Trustees were instructed to immediately report any unusual sickness of birds. Parallely its disinfectants were handed over to the volunteers to be sprinkled in all the cages habituated by the birds. 4.1.2017: Samples were submitted to NIHSAD in person. 8.1.2017: Officers from the Animal Diseases visited Memnagar Centre to inquire about any unusual sickness/mortality. All birds were found healthy at the time of the visit. 11.1.2017: NIHSAD, Bhopal reported positive results for Avian Influenza H5N1 AT 6.00 P.M. for 14 out of 28 samples collected from ducks and ginnea fowl kept at Sarva Dharma Rakshak Seva Trust, Memnagar. Immediately instructions were issued to the Collector, District Animal Husbandry officer and other concerned department by the Department of Animal Husbandry. The order was issued by the Director of Animal Husbandry for executing further action. Immediately instructions were issued to the Collector, District Animal Husbandry officer and other concerned department by the Department of Animal Husbandry. The order was issued by the Director of Animal Husbandry for executing further action. 12.1.2017: Notification was issued by the State Government through the department of Agriculture and Co-operation Department, whereby it was notified that "The Governor of Gujarat hereby orders to declare Alert Zone (Control Area) including all villages and habitat within 10 km area of affected place of Sarva dharam, Memnagar Rescue Centre, Ta: City of Ahmedabad district with immediate effect and concerned district authorities are hereby directed to enforce all contingency procedure for control and containment of Avian Influenza (H5N1) as per Action Plan of Animal Husbandry for preparedness, control and containment of Avian Influenza-2015. 12.1.2017: A meeting was convened by the Collector, Ahmedabad at the Collectorate in presence of Deputy Commissioner of Police, Deputy Municipal Commissioner, Officers from the Health Department, Officers from Animal Husbandry department and other concerned departments. This meeting was also attended by two officers from the Government of India, Emergency Medical Response Division who were specially called for, for the containment of bird flu in the state of Gujarat. Individual tasks in terms of action plan of animal husbandry department for preparing, control and containment of Avian Influenza were assigned to all the officers." 9. In the affidavit in reply filed on behalf of the respondent-State, it is further stated that on 31st December 2016, one Asha Foundation, an NGO claiming to be engaged in the protection and welfare of birds had reported a sudden mortality of birds to the Department of Animal Husbandry and the officers of the department had visited the premises of Asha Foundation on the same day and had drawn samples for testing at National Institute of High Security Animal Diseases (NIHSAD), Bhopal. On 2nd January 2017, Deputy Director of Animal Husbandry Department and Assistant Director of Animal Husbandry, District Panchayat, Ahmedabad, received a phone call from Cell No. 9824037521 at 14.59 hours reporting that some unknown persons had released large number of birds near Vastral pond near Rabari Colony and on receiving such phone call, the Deputy Director of Animal Husbandry, Assistant Director, District Panchayat, Ahmedabad and the Deputy Director, Intensive Poultry Development Block, jointly visited the said location, where the officers were informed that approximately 1200 odd birds had already been picked up by the employees of Asha Foundation located at Hathijan. It is further stated that volunteers from the local public and the bird lovers took it up themselves and picked up approximately 150 birds which were taken to Sarva Dharma Rakshak Seva Trust, Memnagar. When the officers visited the location, none of the birds were dead and all appeared to be healthy. 10. In the affidavit it is further stated that on 2nd January 2017, a report was received that the birds at Asha Foundation were infected with H5N1 and immediately steps were taken and notification was issued by the State Government as well as the Collector under Section 144 of the Code of Criminal Procedure. On 3rd January 2017, in order to ensure that no such virus is spread in other areas of Memnagar, officers from the Animal Husbandry visited Sarva Dharma Rakshak Seva Trust, Memnagar, drew samples and sent them by special messenger to NIHSAD, Bhopal and the trustees of the above trust were instructed to immediately report any unusual sickness of birds. At the same time, disinfectants were handed over to the volunteers to be sprinkled in all the cages inhabited by the birds. On 4th January 2017, samples were submitted to NIHSAD and on 8th January 2017, officers from Animal Diseases visited Memnagar Centre to inquire about any unusual sickness/mortality and on such inspection, all the birds were found healthy at the time of the visit. On 11th January 2017, NIHSAD, Bhopal reported positive results for Avian Influenza-H5N1 at 6.00 p.m. for 14 out of 28 samples collected from ducks and ginnea fowl kept at Sarva Dharma Rakshak Seva Trust, Memnagar. On receipt of such report, immediately instructions were issued to the Collector, District Animal Husbandry Officer and other concerned departments for taking further action as per the guidelines notified by the Government of India. On receipt of such report, immediately instructions were issued to the Collector, District Animal Husbandry Officer and other concerned departments for taking further action as per the guidelines notified by the Government of India. On 12th January 2017, notification was issued by the State Government, notifying that within 10 km area of affected place of Sarva Dharma Rakshak Seva Trust, Memnagar, as alert zone and further steps were taken as per the Action Plan notified by the government. On 12th January 2017, a meeting was convened by the Collector, Ahmedabad with all the concerned officers of the various departments and instructions were issued to take all possible steps to subside the virus. Again on 12th January 2017, Police Commissioner, in exercise of powers u/s. 144 of the Code of Criminal Procedure, issued a notification prohibiting the actions prescribed therein, which read as under:- "1. Ban on the entry of any vehicle in the infectious area of the poultry farm of the aforesaid area. 2. Ban on any activity related to poultry products such as eggs, ducks, hen, fowls etc removal of dead birds, bird droppings, as also ban on carrying equipments to and from the alert zone of the poultry farm. 3. The workers doing work in the poultry farm will have to wear the clothes giving them protection such as face mask, special aprons, gum boots, socks, disposal gloves etc. 4. To and from entry in the affected farm will be allowed only in the exceptional cases or else all entry is prohibited. 5. Proper arrangement will have to be undertaken by the poultry farm owners in such a fashion so that the migrated birds should not get in contact with poultry sheds or water. 6. Ban to visit other poultry farms/bird sanctuaries/zoo for the affected poultry farm employees. 7. Ban on re-shifting, use and/or get birds/hens out, till the disease is over. 8. Ban on sale of hens of infectious area from open ground or from the shops. 9. So as to avoid infection, all protective measures will have to be taken as a precaution. Ban to visit other poultry farms/bird sanctuaries/zoo for the affected poultry farm employees. 7. Ban on re-shifting, use and/or get birds/hens out, till the disease is over. 8. Ban on sale of hens of infectious area from open ground or from the shops. 9. So as to avoid infection, all protective measures will have to be taken as a precaution. (Annxure-6)." To meet with the virus outbreak which can assume serious proportion, Ahmedabad Municipal Corporation and the Department of Animal Husbandry took the support of the Public Health Division, Government of Gujarat and additional team of 300 health workers in addition to 250 health workers of the Corporation were deputed for surveillance of bird flu. Referring to the Action Plan prescribed by the Government of India, it is stated that methodology of depopulation is prescribed under the Action Plan where under all the birds are required to be culled; the epicenter to be sealed and cleaned with disinfectants and carcasses to be buried at the same spot and sealed with layers of limestone and mud. Thus, entire procedure was followed with regard to 159 birds which were affected on the night of 12th January 2017. It is stated that as per the Action Plan prescribed, surveillance is being done constantly and the site will be monitored on fortnightly basis for a period of three months. So far as the Department of Public Health is concerned, it is stated that on daily basis, within the periphery of 3 kms, officers visited the residences and carried out surveillance to check whether any person is suffering from Influenza. It is further stated in the affidavit in reply that there is surveillance by the Public Health Department of mutton shops and other shops dispensing poultry products and they are sealed. From 0 to 1 km, 4 shops have been sealed by the Municipal Corporation and from 1 to 3 kms, 16 shops have been closed by the Corporation after issuing necessary notices. It is further stated that on 17th January 2017, a phone call was received by the Department of Animal Husbandry from St. Savier's school informing them there are 64 birds within the school premises kept for educational purpose and since the school was within the periphery of 1 km, the respondent authorities had no option but to depopulate them. It is further stated that on 17th January 2017, a phone call was received by the Department of Animal Husbandry from St. Savier's school informing them there are 64 birds within the school premises kept for educational purpose and since the school was within the periphery of 1 km, the respondent authorities had no option but to depopulate them. Those 64 birds were buried in the premises of Sarva Dharma Rakshak Seva Trust since it was at a distance of only 200 meters from St. Xavier's school. Officers and staff members comprising of a team of 500 health workers including officers from Public Health Department, senior officers from the Municipal Corporation, Animal Husbandry Department have been working day and night to ensure immediate action to contain the outbreak of the disease. Reference is made to the advertisements published in the newspapers giving necessary information regarding the virus, its treatment, spread and its cure. Every resident within 1 km periphery of epicenter has been distributed pamphlets depicting the measures to be taken and the details about the virus. Reference is also made in the affidavit in reply to the broadcast made by on All India Radio on 18th January 2017. Further referring to the guidelines of the Government of India, it is stated that there is absolute ban imposed by the Government of India on transportation of infected chicken, eggs and other material out of the infected area at any circumstance. Referring to various steps taken by the respondent authorities as per the Action Plan prepared by the Government of India, it is stated that the allegation of the petitioner that the authorities have acted in slack and laid back manner is contrary to the facts as referred above. Lastly, it is stated that every possible care is being taken and there is further surveillance and other activities to curtail the spreading of the infectious disease. In view of the steps taken, it is pleaded that petition be dismissed. 11. Affidavit in reply is filed on behalf of Sarva Dharma Rakshak Seva Trust, which is made 4th respondent in WP (PIL) No. 9 of 2017 and 6th respondent in WP (PIL) No. 12 of 2017. In the affidavit in reply, while denying various allegations of the petitioner, it is stated that Sarva Dharma Rakshak Seva Trust has undertaken various charitable activities including treatment of the injured birds and animals. In the affidavit in reply, while denying various allegations of the petitioner, it is stated that Sarva Dharma Rakshak Seva Trust has undertaken various charitable activities including treatment of the injured birds and animals. The said trust is doing the said activities since last 10 years and is a registered trust bearing registration No. E/18634/ Ahmedabad. The activity of the respondent trust is absolutely the activity which is done out of sense and compassion to the birds and animals, and the trust conducts camps around the festival of Uttarayan (Makar Sankranti) to give treatment to the injured birds who get injured because of the sharp thread used by the kite fliers. Such activity is done round the year for giving treatment to the birds. It is pleaded that the deponent is given permission to run the camp behind Memnagar Fire Station-Vanikaran Plot from 1.1.2017 till 1.2.2017. The said place where the camp was conducted is the very same place where the injured birds were given treatment. 11.1 The deponent states in the affidavit in reply that on 2.1.2017, at around 6.30 p.m. in the evening, he received a phone call from one Manishbhai Raval, who told the deponent that 135 Guinea Fowl were found in Vastral area near the road and therefore, he was guided by Dr. Kapadia to shift the said birds to the camp of the trust run by the deponent. The two doctors, namely, Dr. Kapadia and Dr. Kanani from the Animal Husbandry Department, State of Gujarat visited the camp of the trust on 3.1.2017 and drew samples of the said birds. Thereafter, he came to know that reports of such samples were negative, as such, they continued giving treatment to the birds. It is further pleaded that on 12th January 2017, on the ground that there was Bird Flu virus, the camp of the deponent was visited by the staff members of the office of the Collector, Ahmedabad, Ahmedabad Municipal Corporation as well as the doctors from the Animal Husbandry Department at 8.30 p.m. and to the shock and surprise of the deponent he was asked by them to go out of the premises, even the staff members of the trust were sent out of the premises and the birds were culled and destroyed in the premises, and the deponent and other staff members of the trust were kept under observation. 11.2 It is further pleaded in the affidavit in reply that the activities of the trust were in good faith and the deponent is a law abiding citizen and "Jivdaya Premi" person and his efforts are only to see that the birds and animals are not put in trouble. It is pleaded that the trust is doing such charitable activities round the year permanently since last many years and the services of the trust are unblemished. 12. Separate affidavit in reply is filed on behalf of Asha Foundation, an NGO, who is respondent No. 5 in WP (PIL) No. 12 of 2017. In the said affidavit in reply, while denying various allegations made by the petitioner, it is stated that Asha Foundation is a Non-Governmental Organization, which is an animal shelter providing hospital facility in Hathijan village in Ahmedabad district and is having its registered office in the Satellite area of Ahmedabad. It is pleaded that the respondent Foundation is involved in the noble activity of giving free treatment to the animals and birds, more particularly those animals and birds which are injured. It is further pleaded that the 5th respondent Foundation is running successfully since the last 10 years without any grant or aid from the State Government or from the Union Government and considering such valued services provided by the Foundation, the Ahmedabad Municipal Corporation, Forest Department of the State Government and Police Department of the State Government have recognized the potential of the 5th respondent and authorized it to accept animals, birds, mammals and reptiles. It is pleaded that apart from running animal shelter and hospital, the respondent No. 5 Foundation, with a view to prevent healthy animals and birds being slaughtered, also purchases healthy animals and birds, which is a part of its activity as NGO. Referring to the orders made by Shakarbaug Zoo, Junagadh and Forest Officer, Nal Sarovar Bird Sanctuary, handing over birds to the Foundation, it is pleaded that the 5th respondent Foundation has been regularly and continuously accepting the birds, animals and mammals for their upkeep free of costs by treating them through specialist in-house doctors and then releasing them in their respective habitat. 12.1 It is pleaded that on 27th December 2016, 210 birds were duly purchased on behalf of 5th respondent by way of bona fide consideration from the slaughter house situated at Crawford Market for Rs. 54,000/-. 12.1 It is pleaded that on 27th December 2016, 210 birds were duly purchased on behalf of 5th respondent by way of bona fide consideration from the slaughter house situated at Crawford Market for Rs. 54,000/-. The birds so purchased included hens, guinea fowl, ducks, turkeys etc and after the birds reached the premises of the Foundation on 28th December, 2016, all of a sudden 7 birds died out of 30 turkey birds on 30th December 2016. As such, Director of Animal Husbandry Department (Disease and Pathology Department) Dr. Kanani was intimated about the deaths by the veterinary doctors of the Foundation, who immediately arrived and after having discussion with the veterinary doctors, immediately decided to extract blood samples from the dead birds and further directed that the birds which were purchased from Crawford Market, Mumbai should be placed in an isolated cage, the said direction was immediately adhered to by the Foundation and the birds purchased from Crawford Market, Mumbai were isolated. It is further pleaded that the Director of Animal Husbandary Department was also provided with the original bills of the purchase made by the Foundation from the slaughter house which is an official slaughter house stationed in Masjid Bandar area of Mumbai. On 2nd January 2017, it was reported to the Foundation that about 1400 Guinea Fowl birds were left isolated by their owner in Vastral area of Ahmedabad and on coming to notice of the Foundation, once again Dr. Kanani of Animal Husbandry and Zoo Department of Ahmedabad was informed about the said birds, who also came to Vastral and upon realizing that the birds which were isolated upon trying to cross the main road were either killed or being injured by the passing vehicles, requested the Foundation to shelter about 1200 birds. The Foundation therefore acceded to the request made by Animal Husbandry Department and housed 1200 birds. About 150 to 200 birds were at that time handed over to Sarva Dharma Rakshak Seva Trust, the respondent No. 6. It is further pleaded that on 3rd January 2017, the District Collector, Ahmedabad summoned a meeting of higher officials, wherein, representative of the respondent No. 5 was also invited and he also participated in the meeting. About 150 to 200 birds were at that time handed over to Sarva Dharma Rakshak Seva Trust, the respondent No. 6. It is further pleaded that on 3rd January 2017, the District Collector, Ahmedabad summoned a meeting of higher officials, wherein, representative of the respondent No. 5 was also invited and he also participated in the meeting. In the meeting, the District Collector proposed that 210 birds with the Foundation as purchased from the Crawford Market, Mumbai were suspicious, and to avoid happening of any untoward incident, they should be euthanized. As such, the Foundation consented to the same being done and therefore, on 3rd January 2017, instead of agreed 200 birds, all 1200 birds were culled. Thereafter, on 4th January 2017, the remaining birds which were approximately 600 in number, which included Emus, falcons, owls, vultures, pigeons, Pelicans, kites, ducks etc were also culled. Although the 5th respondent Foundation disputed that except turkeys no other birds were infected by the Avian Flu, still remedial measures are taken for ensuring that infection does not spread in the area. The 5th respondent Foundation has consented to culling of all the birds in its shelter facility. It is further pleaded that not an inch of the disease was spread among other birds which were housed in the premises of the Foundation. Staff/employees of the Foundation were kept under observation for a period of 10 days and their physical well-being was monitored by the doctors of Health Department of the Ahmedabad Municipal Corporation. 200 birds were purchased from Crawford Market, Mumbai and brought to the premises of the 5th respondent Foundation were purchased and brought without slightest knowledge that few of them were infected. Lastly, it is pleaded that the 5th respondent will abide by any direction that may be issued by this Court in this petition. 13. The petitioners in both the petitions have filed rejoinders. In the rejoinders, again, while reiterating their pleas raised in the petitions, it is stated that the respondents have not taken steps immediately as required as per the Action Plan and the Standard Operating Instructions notified by the Government of India. 14. Heard Shri Y.N. Oza, learned Senior Advocate assisted by Shri H.J. Dholakia, learned counsel for the petitioner in WP (PIL) No. 9 of 2017, Shri K.K. Shah, learned advocate who appeared as party in person in WP (PIL) No. 12 of 2017, Ms. 14. Heard Shri Y.N. Oza, learned Senior Advocate assisted by Shri H.J. Dholakia, learned counsel for the petitioner in WP (PIL) No. 9 of 2017, Shri K.K. Shah, learned advocate who appeared as party in person in WP (PIL) No. 12 of 2017, Ms. M.L. Shah, learned Government Pleader for respondent Nos. 1 and 2 and Shri Satyam Chhaya, learned counsel for the respondent No. 3-Ahmedabad Municipal Corporation. 15. Mainly it is contended by learned counsel for the petitioners that the respondents have, illegally and arbitrarily allowed the camp in Memnagar area, which is densely populated residential area, to be used for treatment of birds. It is submitted that even after the samples were found positive, no immediate steps were taken by the respondent authorities as per the standard operating instructions and in accordance with the Action Plan/Contingency Plan of the Government of India, to prevent the spreading of the Avian Influenza. The said virus is large epidemic one and if prompt steps are not taken, there is danger of spreading of the virus among the public which will affect the human beings at large. Shri Oza submits that in spite of the fact that samples were found positive and even after the reports were received from the National Institute of High Security Animal Diseases (NIHSAD), Bhopal, for several days no steps were taken, and thus, there was slackness on the part of the respondent authorities in taking steps to prevent the spreading of Avian Influenza. The respondents have also not taken steps by preventing the movement of people within 1 km area of the epicenter of Memnagar. It is his submission that contrary to the guidelines issued by the Government of India, the respondents have moved the affected birds from St. Xavier's School, which is situated in Memnagar area and culled them within the camp area, and the same is contrary to the guidelines. 16. Shri K.K. Shah, learned advocate who appeared as party in person in WP (PIL) No. 12 of 2017 submits that he is resident and immediate neighbour to the camp area of the Sarva Dharma Raksha Seva Trust-respondent No. 6 and in the late night hours the authorities were digging the earth by using JCB machines, they were also taking out the culled and buried birds. It is submitted that the respondents have not taken all steps by preventing social functions within the restricted area. It is submitted that the respondents have not taken all steps by preventing social functions within the restricted area. In spite of the fact that reports of some of the birds were found positive, required steps for preventing infection and to disinfect the infected area were not taken. 17. On the other hand, Ms. M.L. Shah, learned Government Pleader, appearing for the respondent-State submits that there are standard operating instructions and the guidelines notified by the Director General of Health Services, Ministry of Health and Family Welfare, New Delhi as well as Contingency Plan for management of human cases of Avian Influenza. It is submitted that immediately after it came to light that some birds are died, samples were drawn by the respondent authority and sent to the National Institute of High Security Animal Diseases (NIHSAD), Bhopal, and immediately after receipt of the reports of samples, all possible steps were taken in accordance with the standard operating instructions and Contingency Plan notified by the Director General of Health Services, Ministry of Health and Family Welfare, Government of India. It is specifically contended by the learned Government Pleader that as per the standard operating instructions, the infected birds are to be culled and buried in the very premises and transportation of such infected birds is prohibited. As such, as samples were found positive, the infected birds were culled and buried in the very same area. It is further pleaded that by taking various steps, the people in the area were made known as a precautionary measure and necessary notifications were issued declaring the area as affected area and alert zone and that steps were taken by using chemicals etc for preventing the spreading of Avian Influenza. 17.1 During the course of arguments, the learned Government Pleader brought to notice of this Court the minutes recorded by the members of the expert group committee of Crisis Management Group of their meeting held on 24th January 2017 chaired by Additional Director, Public Health, Government of Gujarat. It is contended that the Deputy Director, Animal Husbandry has already issued sanitization certificate which mentions that outbreak of Avian Influenza at Sarva Dharma Rakshak Seva Trust Centre, Memnagar is complete and the operations have been concluded. It is contended that the Deputy Director, Animal Husbandry has already issued sanitization certificate which mentions that outbreak of Avian Influenza at Sarva Dharma Rakshak Seva Trust Centre, Memnagar is complete and the operations have been concluded. It is further submitted that further surveillance is required and all measures which are required to be taken as per the Contingency Plan/standard operating instructions notified by the Government of India are taken. By referring to various steps taken as mentioned in the affidavit in reply filed on behalf of the State Government, it is submitted that having regard to the immediate steps taken by the respondents, no scope was left for spreading of virus and authorities have acted swiftly after the receipt of the reports from the National Institute of High Security Animal Diseases (NIHSAD), Bhopal. It is further submitted that the State Government undertakes to take further steps, if any, as and when required. 18. Shri Satyam Chhaya, learned counsel appearing for the respondent No. 3-Ahmedabad Municipal Corporation submits that the officers of the Corporation have totally cooperated with the officials of the State Government in taking action for preventing the spreading of Avian Influenza by confining to guidelines issued by the Government of India. He submits that the camp permission is given during Uttaratarayan festival to Sarva Dharma Rakshak Seva Trust for treating the birds in their premises and such permissions are given only during the festival of Uttarayan (Makar Sankranti). 19. Heard the learned counsel for the parties. We have perused the Contingency Plan for management of human cases of Avian Influenza notified by the Director General, Health Services, Ministry of Health and Family Welfare, New Delhi. 20. From the perusal of the contingency plan for management of human cases of Avian Influenza notified by the Director General of Health Services, Ministry of Health and Family Welfare, Government of India, it is appears that the same is exhaustive and self-contained one. In the contingency plan, apart from the objectives notified, it elaborately details the action plan for surveillance, clinical management, public health measures, logistics and supplies, communication and media management etc. In the contingency plan, apart from the objectives notified, it elaborately details the action plan for surveillance, clinical management, public health measures, logistics and supplies, communication and media management etc. As per clause-2.1 of the action plan, in case outbreak of Highly Pathogenic Avian Influenza (HPAI) is confirmed, the matter should be reported at once to the Director of Animal Husbandry and Secretary/Principal Secretary in charge of Animal Husbandry and the area of the radius of 3 kms around the infected site which should have been clearly identified with names of all villages and habitants within that area should be communicated with the same to the above authorities so that the area can be notified as infected area. It also provides that a signboard about declaration of the area with 3 km radius from the infected site as infected with bird flu or Avian Influenza should be clearly and prominently displayed in the local language. The said clause further provides that the area between the radius of 3 kms and 10 kms around the infected site should be notified as surveillance area. The surveillance area so notified should act as a buffer zone between infected area and disease-free area. From the affidavits in reply filed on behalf of the respondent authorities, we find that after the receipt of the reports on the samples, the respondent authorities have taken various steps which are mentioned. Though it is alleged by the petitioners that there was no prompt and swift action even after receipt of the reports of the samples sent to the NIHSAD, Bhopal, but from the material placed on record coupled with the averments made in the affidavits in reply of the respondent authorities, we are of the view that the respondents have taken every measure as required under the action plan notified by the Government of India. Further, the learned Government Pleader also placed on record the minutes of the meeting of members of the Crisis Management Group held on 24th January 2017 under the chair of Additional Director General (Public Health). From the perusal of the minutes of the meeting, it is clear that such meeting is held to review the status of the Bird Flu and decide further action plan of prevention and control and other communicable diseases. From the perusal of the minutes of the meeting, it is clear that such meeting is held to review the status of the Bird Flu and decide further action plan of prevention and control and other communicable diseases. The minutes of the meeting of the Crisis Management Group held on 24th January 2017 read as under: "Expert group committee meeting of Crisis management Group meeting was held on 24.1.2017 under chair of Additional Director (Public Health) at, Block No. 5/2, Dr. Jivraj Mehta Bhavan, Gandhinagar to review the status of Bird Flu and decide further plan of action of prevention and control and other communicable diseases. Following officers were present in meeting. (i) Dr. Simrita Singh, Joint Director, National Center for Disease Control, New Delhi. (ii) Dr. G.C. Sahu, Research officer, Reg. office of Health & FW, Govt. of India, Ahmedabad. (iii) Dr. Dinkar Raval, Deputy Director, Epidemics, Gandhinagar. (iv) Dr. M.M. Vegad, HOD, Microbiology Department B.J. Medical College, Ahmedabad. (v) Dr. Mahesh Chauhan, Deputy Director, Animal Husbandry, Gandhinagar. (vi) Dr. Amit Kanani, Deputy Director, Animal Husbandry Department, Ahmedabad. (vii) Dr. Pradhyuman Gohil, Veterinary Officer, Gandhinagar. (viii) Dr. Chirag Shah, Dy. Health Officer (Epidemic), AMC. (ix) Dr. V.S. Dhruvey, MO IDSP, Gandhinagar. (x) Dr. Umang Mishra, MO Epidemic, Gandhinagar. (xi) Dhaval Parmar, Consultant, RoHFW, Gol, Ahmedabad. (xii) Dr. Danish Malek, APM, State Surveillance Unit, IDSP, CoH, Gandhinagar. Additional Director (PH) welcomed all. 1. Deputy Director (Epidemics) briefed the members regarding present status of bird flu outbreak in Memnagar of Ahmedabad Municipal Corporation area. 2. Instructions given by Hon'ble High Court in reference to PIL of Bird Flu were discussed in detail. Dy. Director (AH) mentioned that sanitization certificate is already issued today which mentions that outbreak of Avian Influenza at Sarvadharm Rakshak Seva Trust Center, Memnagar, Ahmedabad (Govt. of Gujarat, Agriculture and Co-operation Department Notification No.GHKH-5-2017-VHD-122017-29-P1 dated 12.01.2017) is complete and the operations has been concluded. (Copy annexed.) 3. Dy. MoH, AMC mentioned that Fever Surveillance in Human beings was initiated from 14 January 2017 and was carried out up to 10 days along with fogging and other control measures. Human Surveillance completed on 23rd January, 2017 and no case suspected of Bird Flu is found. 4. Close contacts and culling team members, were shifted to Hathijan area under all Personal Protective Equipment (PPEs) as per instruction from experts of Government of India as Memnagar is very densely populated area. Human Surveillance completed on 23rd January, 2017 and no case suspected of Bird Flu is found. 4. Close contacts and culling team members, were shifted to Hathijan area under all Personal Protective Equipment (PPEs) as per instruction from experts of Government of India as Memnagar is very densely populated area. They have been quarantined and prophylactic treatment is initiated as per guideline of Management of human case of Avian Influenza (Annexure VII) by Ministry of health and Family Welfare, Gol. Till date all are healthy and have not shown any sign/symptoms of illness. 03 members who undertook culling activities on night of 17 January 2017 will be in quarantine till 27th January 2017. 5. 12 teams of AH department (37 persons) who undertook culling operation at Asha Foundation, Hathijan along with 15 persons of Asha Foundation were quarantined till night of 13 January 2017 under full cover of Prophylactic treatment. None reported any illness during this period and are freed from quarantine. 6. Jt. Director, NCDC, Government of India mentioned that site where culling operations were undertaken was visited. It was mentioned that surveillance activities to identify any suspect case of Avian Influenza A H5N1 conducted by AMC with support of Public Health division of State's health and family Welfare department along with other measures taken by local health authorities to prevent transmission of communicable/infectious diseases were intensive. Health facilities in urban health centers along with Microbiology laboratory, isolation ward facilities at new Civil Hospital, Asarva, Ahmedabad were also inspected. IEC to allay panic of bird flu were satisfactory. It was also mentioned that timely and concerted actions of all concerned departments have so far prevented transmission of Avian Influenza to human beings and so no human case of bird flu is reported in any part of the Country till date. Meeting concluded with vote of thanks to the Chair. Sd/- Additional Director (PH) xxx xxx xxx" 21. Consequently, on 24th January 2017, sanitization certificate is issued by the Deputy Director, District Panchayat, Ahmedabad. Perusing the said sanitization certificate, it is mentioned therein that the concerned area has been properly cleared and disinfected as per the Action Plan of Govt. of India and operation has been concluded. Sd/- Additional Director (PH) xxx xxx xxx" 21. Consequently, on 24th January 2017, sanitization certificate is issued by the Deputy Director, District Panchayat, Ahmedabad. Perusing the said sanitization certificate, it is mentioned therein that the concerned area has been properly cleared and disinfected as per the Action Plan of Govt. of India and operation has been concluded. The said certificate dated 24th January 2017 reads as under: "Sanitization Certificate This is to be certified that after the outbreak of Avian Influenza at Sarva Dharm Rakshak Seva Trust Center, Memnagar, Ahmedabad (Govt. of Gujarat, Agriculture and Co-operation Department Notification No. GHKH-5-2017-VHD-122017-29-P1, dated 12.01.2017) is complete - culling has been carried out with due mopping and combing operation, disinfection and sanitization in one k.m. Radius from the epicenter. Now the concerned area has been properly cleared and disinfected as per Action Plan of Govt. of India (March-2015) of preparedness, control and containment of Avian Influenza. The operation has been concluded. Thereafter post operation surveillance will be carried out for next three months. xxx xxx xxx" 22. In view of such steps taken by the respondent authorities, we deem it appropriate to dispose of these writ petitions by giving the following directions, to avoid relapse of such instances in future. (1) Even during Uttarayan festival or at any time, if any application is given either by Non-Governmental Organization or any individual to hold camps for treating birds, the respondent authorities shall not grant any permission for holding such camps within the residential areas. However, it is made clear that such applications be considered on their own merits for holding camps at appropriate and suitable places, away from the residential areas. (2) As indicated in the Action Plan, the respondent authorities shall carry out the post-operative surveillance in the surveillance zones for a period of three months by collecting samples of the birds on fortnightly basis and such samples be sent to National Institute of High Security Animal Diseases (NIHSAD), Bhopal, by following the due procedure as notified by the Government of India. (3) In case no other outbreak takes place in any area or no samples collected from the post-operations surveillance test positive for the next 3 months after issue of Sanitization Certificate "Disease Free" Status can be declared by the authorities under the intimation to the concerned authorities. 23. Subject to the above directions and observations, both these writ-petitions are disposed of. 23. Subject to the above directions and observations, both these writ-petitions are disposed of. No order as to costs. Disposed off.