IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5433 of 2010 VIKASH CHANDRA GUDDU BABA S/O LATE RAMASHRAYA PRASAD SINGH, PRESENTLY RESIDING AT KURJEE BALUPAR, P.O- SADAQUAT ASHRAM , P.S- DIGHA, DISTRICT – PATNA … Petitioner Versus 1. THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, GOVT. OF BIHAR, NEW SECRETARIATE, PATNA. 3. THE PRINCIPAL SECRETARY, ANIMAL HUSBANDRY AND FISHERIES RESOURCES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE SECRETARY, BIHAR POLLUTION CONTROL BOARD, PATNA. 5. THE COMMISSIONER, PATNA MUNICIPAL CORPORATION, PATNA 6. THE DISTRICT MAGISTRATE, PATNA. … Respondents. ----------- 3. 29.4.2010 The present Public Interest Litigation has been preferred by Sri Vikash Chandra Guddu Baba as pro bono publico seeking a writ of mandamus commanding the respondents to take appropriate steps for disposal of the dead bodies of animals inside Patna Municipal Corporation Area. A reference has been made to Section 272 of the Bihar Municipal Act, 2007 (in short „the Act‟) which deals with disposal of dead animals. It is averred in the petition that despite the statutory provisions appropriate 2 steps have not been taken as a consequence of which epidemic diseases have spread and there has been water and air pollution. It is contended that it is obligatory on the part of Patna Municipal Corporation and Bihar State Pollution Control Board to see that there is no air and water pollution and living of citizens within Patna Municipal Corporation is not jeopardized and they are compelled to face health hazards. A counter affidavit has been filed contending, inter alia, that appropriate steps have been taken as per statutory mandate to dispose of the dead bodies. It is urged that the funds have been allotted for creation of infrastructures for the burial of dead animals and the Municipal Corporation is taking appropriate steps under section 272 of the Act. We have heard the petitioner in person and Mr. Amanullah, learned counsel for the State, Mr. Bibhuti Kumar Singh, learned counsel for the Municipal Corporation and Mr. Shivendra Kishore, learned counsel for Bihar State Pollution Board. Section 272 of the Act, which deals with disposal of the dead animals, reads as under: 3 “ 272. Disposal of dead animals:- (1) Whenever any animal, which is under the charge of any person, dies such person shall, within twenty-four hours of such death, either:- (a) Convey the carcass to a place provided or appointed under this Act for the final disposal of carcasses of dead animals, or- (b) Give notice of the death to the Chief Municiapl Officer whereupon he shall cause the carcass to be disposed of. (2) In respect of the disposal of the carcass of a dead animal under clause (b) of sub-section (1) the Chief Municipal Officer may charge such fee as may be determined by the Municipality by regulations. (3) Where any dead animal does not belong to any person, the Chief Municipal Officer shall act immediately for causing the carcass to be disposed of.” On a perusal of the aforesaid provision it is quite vivid that the dead animals are to be disposed of with utmost immediacy and the responsibility is cast on the Chief Municipal Officer. In course of hearing of this petition we sought assistance of the Commissioner of Patna Municipal Corporation. It is submitted by Mr. 4 Shridhar Singh, the Commissioner that Patna Municipal Corporation is divided into 72 wards and every ward has a Sanitary Inspector. It is the duty of the Sanitary Inspector to see that no dead body of the animal is left on the road or any public place and the said officer is getting intimation from the public works in quite promptitude. He has brought to our notice a newspaper cutting dated 29.4.2010 i.e. today to show who are authorities to be intimated about the disposal of the dead animals. Be it noted, telephone numbers of the Chief Sanitary Inspector and the Executive Officer have been printed. Regard being had to the factual matrix we are inclined to issue the following directions as conceded to by Mr. Shridhar Singh, the Commissioner of Patna Municipal Corporation: (a) There shall be publication in the widely circulated newspapers indicating the telephone numbers/ Mobile numbers of the Sanitary Inspector of each Ward. (b) The Sanitary Inspector shall be instructed to attend calls in quite promptitude and take appropriate action immediately. 5 (c) Steps shall be taken to identify appropriate piece of land outside the outskirts of Patna City Municipal Corporation Area so that the dead bodies of animals can be disposed of. (d) The Municipal Corporation shall submit an application to the Bihar Pollution Control Board within a period of one week intimating the Board about need of such a place and the Board shall issue the guidelines to the Municipal Corporation within two weeks so that a place of disposal is identified and appropriately maintained so that there would be no air and water pollution due to disposal of the dead bodies of the animals. (e) The Commissioner, Municipal Corporation, shall hold awareness camps so that the inhabitants of the Corporation would be aware to intimate about the disposal of the dead bodies of animals and there would be participative working between them and the authorities. (f) The arrangements made by the Municipal Corporation shall also be made aware to the local population through electronic and print media so that 6 they are aware of the same. (g) The inhabitants shall also not use the public places for disposal of the dead animals. A sense of civility has to be cultivated amongst the people by the authorities of Municipal Corporation. (h) Neither the Municipal Corporation nor anyone residing in the Municipal Corporation area shall throw any dead animal in the river Ganges or on its bank. Be it noted, we have specifically mentioned about the river bank and river regard being had to its significance in the city itself. The writ petition is, accordingly, disposed of. There shall be no order as to costs. A free copy of the order be handed over to all to do the needful in the matter. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/