Sanjay Shirke v. The Union Of India & Others

Sanjay Shirke v. The Union Of India & Others

(High Court Of Judicature At Bombay)

Pubic Interest Litigation No. 73 Of 2016 | 04-05-2017

1. Member Secretary, Maharashtra State Legal Services Authority has filed a report alongwith the photographs taken at Crawford Market. On 27.4.2017 at about 12 noon the visit of the Member Secretary alongwith the other officers clearly indicate that there were 20 to 30 pet food shops with the boards at the Crawford market. They are known as Pet Food shops. However, no business activities was carrying on even at 12 noon in these shops, since they were shut down. Only one shop where pet food was being sold, was open, however no animals were put to sell. On inquiry with the shopkeepers, two persons shown in the photographs were willing to sell Tortoise by quoting the rate of L800/and L2000/per piece. When they asked for sale of Tortoise, those persons replied that they are not kept in the shop but kept for safety at somewhere else and they would bring it. However, they left the place and did not turn up.

2. When this information of Maharashtra State Legal Services Authority is brought to the notice of the Counsel appearing for the parties, learned Counsel for petitioner submits the site of activities is shifted to Kurla and Borivali areas. Even if they are not part of the market area, still such activities cannot be allowed to continue being illegal. Both these areas come within the jurisdiction of Municipal Corporation of Greater Mumbai and these areas do have jurisdictional police as well.

3. In that view of the matter, our earlier order dated 10 April 2017 cannot be restricted only to Crawford Market area alone. Whenever such activities are brought to the notice of any of the Corporation Officer pertaining to different areas falling within the jurisdiction of MCGM or concerned police authority, they must immediately take action on the said complaint. Inaction of these officers on such complaint can always be brought to the notice of the Court. The directions in paragraph 2 of the order dated 10 April 2017 apply to all the concerned officers of the Corporation as well as police.

4. Public Interest Litigation is disposed of in the light of the above observations.

Advocate List
Bench
  • HONBLE CHIEF JUSTICE DR. MANJULA CHELLUR
  • HONBLE MR. JUSTICE G.S. KULKARNI
Eq Citations
  • LQ/BomHC/2017/982
Head Note

Animals, Birds and Fish — Wildlife Protection Act, 1972 — Prevention of cruelty to animals — Pet food shops — Illegal sale of animals — Directions issued to Municipal Corporation and police to take action against such shops — Violation of earlier directions — Held, earlier directions cannot be restricted only to Crawford Market area alone — Whenever such activities are brought to notice of any of the Corporation Officer pertaining to different areas falling within jurisdiction of Municipal Corporation of Greater Mumbai or concerned police authority, they must immediately take action on said complaint — Inaction of these officers on such complaint can always be brought to notice of Court — Directions in para 2 of order dt. 10 April, 2017 apply to all concerned officers of Corporation as well as police