Sonika Maini v. State (NCT Of Delhi) & ORS

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6193/2016 SONIKA MAINI ..... Petitioner Through Mr.Ravi Mehta and Mr. Sidharth Kapoor, Advocates.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through Mr.Vinod Kumar Bhati, Advocate for R-1/GNCTD.

Mr.Adtiya Singh, Advocate for R-2 and R-3.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 19.07.2016 C.M. No.25366/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

W.P.(C) 6193/2016 C.M.No.25368/2016 C.M. No.25367/2016 Petitioner is aggrieved by the fact that in spite of repeated requests sent by the petitioner to the respondent for release of his cows impounded by the respondent, the same have not been released

to her.

Record shows that on 19.02.2016 under the orders the Apex Court the school which was being run i.e. Kathuria Public School at Vasant Kunj had been directed to be handed over to the Directorate of Education and physical possession of the entire land was accordingly handed over to the Directorate of Education on 27.02.2016. The cows which were at the school were also removed by the Officials of the SDMC and thereafter detained by them in Pashubandi Grah, Malviya Nagar, New Delhi. In spite of the request letters having been sent by the petitioner to the officials of SDMC to release their cows the same was not answered.

Learned counsel for respondent on advance notice has put in appearance. He has drawn attention of this Court to a letter dated 29.02.2016 which has been addressed to the Commissioner, SDMC wherein it has been communicated to the Commissioner of the SDMC that the cows which had been detained by the undersigned be returned back to their respective owners who were approaching them for the retrieval of their cows.

Learned counsel for the SDMC/respondent has also drawn attention of this Court to the Resolution No.302 of the Standing Committee dated 06.10.2016 which was adopted pursuant to an order passed by this Court in PIL titled Common Cause Society Vs. Union of India & Ors. W.P.(C) No. 3791/2000 wherein a Committee had been constituted to carry out directions pertaining to stray cattle; functioning of Gosadans and relocation of illegal dairies etc. In the meeting of this Committee it had also been resolved that to overcome

the problem of stray cattle the MCD should stop the auctioning of rounded up cows and their progeny and as such the seized cattle be deported straightway to various Gosadans/Gaushalas being run in Delhi against proper identification through Micro Chips. Learned counsel for the petitioner has instructions from the petitioner Sonika Maini who is present in person. She submits that as and when the cows are handed over to her (nine in number), she undertakes that the same shall be deported to a Gosadan at Alwar on proper identification and in terms of the directions of the Committee which had been noted supra which would be again on identification through Mirco Chips. The cost of the transportation of the cows to Alwar will be borne by the petitioner.

The respondent shall honour his commitment within an outer limit of three days from today.

Petition disposed of.

Order dasti under signatures of the Court Master. INDERMEET KAUR, J JULY 19, 2016 ndn