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Neutral Citation No. - 2025:AHC:29482-DB Court No. - 29 Case :- WRIT - C No. - 6572 of 2023 Petitioner :- Reema Shah Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Dilip Kumar Goswami,Santosh Shukla Counsel for Respondent :- Pawan Kumar Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Heard learned counsel for the petitioner and Sri Pawan Kumar Singh, learned counsel for the respondent-Noida Authority. This petition has been filed with the prayer to command the respondents not to harass the petitioner and other feeders or any other institution of feeding community dogs and animals in the petitioner's society as well as outside it at Noida, District Gautam Buddha Nagar. A further prayer is made to command the respondents to implement the provisions of Animal Birth Control (Dogs) Rules-2001 with due care & caution keeping in view the provisions of the Prevention of Cruelty to Animals Act, 1960. Sri Pawan Kumar Singh, learned counsel for the respondents has entered appearance and filed a counter affidavit clearly stating that the concern raised in the present petition is now regulated by the provisions of the Animal Birth Control Rules, 2023 (hereinafter referred to as the Rules). Rule 11 (8) of the Rules deals with capturing, sterilization and immunization or release of street dogs. It is stated that the authorities in the meeting have already taken various decisions to implement the provisions of the Rules and therefore, the concern raised by the petitioner has to be addressed in accordance with the statutory Rules as well as the decisions taken by the authority. The issue raised in the present matter has some significance for the common man. While protection of street dogs would be warranted in accordance with the provisions of the applicable statute, at the same time, the authorities will have to bear in mind the concern of common man, such that their movement on streets are not hampered by attacks by these street dogs. A balance approach would be needed such that not only the concern of prevention of animal cruelty is addressed, but at the same time, the interest of common man is also protected. The authorities otherwise are supposed to act in accordance with the statutory Rules notified on 10th March, 2023 called as the Animal Birth Control Rules, 2023.
We expect the authorities of the State to show due sensitivity to the concerns raised in the writ petition and to ensure that necessary steps are taken in public interest to protect the cause raised in the present petition and also the concern of common man in moving on the streets. This observation is necessary because there are many instances of attacks by the street dogs on the common man of late, which has resulted in loss of lives & grave inconvenience to the pedestrians. We, accordingly, dispose of this writ petition with direction upon respondent nos. 2 to 5 to ensure that the concerns highlighted by us are duly taken care of, and appropriate measures as are statutorily prescribed are taken forthwith in order to ensure protection of street dogs, in accordance with the Act and Rules and while doing so, interest of the common man on the streets is also not jeopardized. Order Date :- 3.3.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad