Disposed

Sh Lal Singh and 2 Ors. v. the Nf Railway and 3 Ors.

Gauhati HC9 Nov 2020WP(C)/4435/2020

Case brief

AI extract

What is this about?

The Court disposed of a petition challenging N.F. Railway's restriction on pig transit through Assam. Ruling that no full ban exists if unloading is avoided and certificates are produced, the Court ordered petitioners to seek permission from Assam authorities and granted transit passes within 72 hours upon compliance.

What did the court decide?

Petitioners directed to make an application to the Commissioner and Secretary, Government of Assam for transit permission with an undertaking not to unload within the State, accompanied by updated vac

Sh Lal Singh and 2 Ors. Vs the Nf… — Constitutional and Fundamental Rights | Gauhati HC (2020)

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GAHC010144662020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/4435/2020

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SH LAL SINGH AND 2 ORS S/O MUSISHI LAL, R/O 48, ZAKIESATO COLONY, GOLAGHAT ROAD, BEHIND ALUMINIUM FACTORY, DIMAPUR, DIMAPUR SADAR, NAGALAND- 797112, ALSO AT W/NO. 4(1), GOLAGHAT ROAD, DIMAPUR

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2: KULDEEP KATHERIA S/O SH. RAMSVARUP KATHERIA (LT.) R/O NOMANGANJ FATEHGARH FATEHGARH FARRUKHABAD U.P.- 209601 ALSO AT W/NO.2 (2) GOLAGHAT ROAD DIMAPUR 3: SH. AMARDEEP SINGH S/O RAM NARESH SINGH (LT) R/O H/NO.02 ZAKIESATO COLONY DIMAPUR SADAR DIMAPUR NAGALAND- 797112 ALSO AT W/NO.2(2) GOLAGHAT ROAD DIMAPU

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VERSUS

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THE NF RAILWAY AND 3 ORS

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REP. BY ITS GENERAL MANAGER, HAVING ITS REGD. OFFICE AT MALIGAON- 781011, GUWAHATI, DIST- KAMRUP METRO, ASSAM

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2:THE RAILWAY BOARD

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MINISTRY OF RAILWAYS GOVT. OF INDIA REP. BY THROUGH ITS CHAIRMAN HAVING ITS HEAD OFFICE AT RAIL BHAWAN RAISINA MARG NEW DELH--01

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3:THE GOVT. OF ASSAM REP. BY ITS ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM HAVING ITS OFFICE AT ASSAM SECRETARIAT CM BLOCK SECOND FLOOR DISPUR GHY-6 4:THE STATE OF NAGALAND REP. BY ITS CHIEF SECRETARY CIVIL SECRETARIAT KOHIMA- 797004 NAGALAND

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5:DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO THE DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM. PIN- 78100

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Advocate for the Petitioner : MR P AGARWAL

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Advocate for the Respondent : SC, NF RLY

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 09/11/2020

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Heard Mr. P.K. Chaturvedi, learned counsel for the petitioners who has addressed this Court

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through remote video conferencing. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing for the State. Mr. Brijesh Sarma, learned Standing Counsel, N.F. Railway has appeared on behalf of the N.F. Railway authorities.

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The petitioners herein are engaged in the business of rearing and sale of pigs / piglets from their farms located in the State of Punjab and Haryana. They intend to transport pigs from Punjab and Haryana to the State of Nagaland. However, aggrieved by the circular dated 01/10/2020 issued by the Senior Commercial Manager/IT & Rates, N.F. Railway, restricting the carriage of pigs passing through the State of Assam unless “Transit Passes” from the Government of Assam is obtained before placing the indent, the present writ petition has been filed assailing the said decision of the N.F. Railway authorities.

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Mr. Chaturvedi, learned counsel for the petitioners submits that the petitioners are not intending to unload the pigs in the State of Assam and, therefore, insisting on such transit pass by the N.F. Railway is wholly unjustified. By referring to the notification dated 12/10/2020 issued by the Joint Secretary to the Government of Assam, A.H. & Vety Department, Mr. Chaturvedi further submits that as per the said notification, carriage of pigs through roadways and railways through the declared infected zones is also allowed subject to the condition that the animal is not unloaded in any place within the infected zones till the issuance of sanitisation certificate by the competent Veterinary Authority.

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By referring to Section 6 of the Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009 ( herein after referred to the as the Act of 2009) , Mr. Chaturvedi submits that even in case of “controlled area”, transportation of pigs by Railways is not prohibited and, therefore, the impugned order issued by the N.F. Railway authority is illegal, warranting interference by this Court.

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Ms. M. Bhattacharjee, learned Government Advocate, Assam on the other hand, submits that due to out-break of African Swine Flu (ASF), Government of Assam, through the Department of A.H. & Vety, has taken certain precautionary measures, as a result of which there is need to produce updated certificate of vaccination of pigs so as to allow them to be transported through the State of Assam,

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even if the live stock is not unloaded inside the State.

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Ms. Bhattacharjee submits that apart from the above, the concerned party is also required to adhere to the SOP for ensuring proper sanitization of the vehicles in which the stock is carried. The learned Government Advocate has also invited the attention of this Court to the oder dated 04/08/2020 passed in WP(C) 3015/2020 (North East Progressive Pig Farmers Association and another Vs. Union of India and others) whereby, the learned Single Judge has observed that transportation of pigs may be permitted, subject to compliance of Section 16 of the Act of 2009. The learned Government Advocate, therefore submits that she would have no objection if a similar order is passed in the case as well. Mr. Brijesh Sarma, learned Standing Counsel, N.F. Railway has also made a similar submission before this Court.

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As noticed above, the petitioners herein are seeking to transport pigs from the State of Punjab and Haryana to the State of Nagaland through the Railways. However, since the route passes through the State of Assam, hence, any restriction imposed by the Government of Assam, A.H. & Vety Department would undoubtedly have a bearing in the matter. To such extent, the concern raised by the Railway authorities cannot be held to be unjustified. However, it is also to be noted that as per notification dated 12/10/2020, only two villages, viz. Athiyabori village in the North Guwahati Development Block falling in the district of Kamrup and Betbari village in Khelua Development Block in the district of Sivasagar have been declared as infected zones for the purpose of ASF. Clause 3 of the guidelines which deals with the restriction pertaining to the infected zone provide as follows :-

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“3. Carriage of animals (pigs) through roadways or railways through the declared infected zone is however allowed subject so long the animal is not unloaded in any place within the zone till the issuance of sanitization certificate by the competent veterinary authority.”

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Therefore, from a plain reading of the aforesaid notification, it is evident that there is no complete ban in transportation of pigs even though the infected zone provided proper vaccination

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protocol is maintained and the live stock is not unloaded in any place within the infected zone.

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Section 16 of the Act of 2009 provides as follows :-

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“16. Entry and exit of vaccinated animals into controlled and free areas- Notwithstanding anything contained in section 10, an animal belonging to the species of animals in respect of which an area has been declared as a controlled or free area in relation to any scheduled disease, which has been duly vaccinated against that disease, shall be allowed to enter into or be taken out of the controlled area or free area, or to be taken out of any other place on the production of a certificate to the effect that vaccine against that disease has been administered and a period of not less than twenty-one days has elapsed thereafter.”

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Mr. Chaturvedi submits that his clients are possessing updated vaccination certificate of the entire live stock and would produced the same before the authorities on demand. Mr. Chaturvedi also submits that his clients are willing to comply with the requirement of the SOP so far as the disinfection norms are concerned.

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I have already noted that by the order dated 04/08/2020, the learned Single Judge has permitted the Government of India or the Government of Assam to import pigs from the State of Punjab and Haryana, subject to compliance of Section 16 of the Act of 2009. Relevant portion of the order is reproduced herein below for ready reference :-

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“10. Having regard to the projection made in the writ petition that Sri Atul Bora, Minister of Agriculture, Horticulture and Food Processing, Animal Husbandry & Veterinary, Government of Assam dated 23/07/2020 had requested the respondent no. 2 to withdraw the impugned notification and on considering the provision of section 6 and 16 of the Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009, it is provided that if the Government of India of the Government of Assam seeks to import or move any pigs from the States of Haryana and Punjab to any of the areas which has been declared a controlled area in respect of import or transportation of pigs, the concerned authorities shall take appropriate measure to comply with the direction of the section 16 of the said Act, inter-alia, of having

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vaccinated the pigs sought to be transported against the disease of African Swine Fever and the authority shall also ensure that the pigs under transportation would have a certificate of vaccination as provided therein.”

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Since the order dated 04/08/2020 passed by the learned Single Judge has not been challenged by the respondents and considering the fact that the petitioner’s counsel is ready and willing to produce updated vaccination certificate of the live stock, I am of the view that no further contentious issue survives for decision in this case. Therefore, taking note of the submission of learned counsel for all the parties and as agreed to by them, I dispose of the writ petition by providing that the petitioners would make proper application before the Commissioner and Secretary to the Government of Assam, Department of A.H. & Vety. Seeking permission for transportation of pigs by Railways through the State of Assam, with an undertaking “not to unload the same within the State”.

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If such an application accompanied by updated vaccination certificate, is produced before the concerned authorities, necessary transit pass be granted within 72 (seventy two) hours of receipt of such application, where-after, the Railway authorities shall permit transportation of the pigs/piglets of the petitioner from the State of Punjab and Haryana to the State of Nagaland through Railway Wagon.

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With the above observation, this writ petition stands disposed of.

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JUDGE

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Sukhamay

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Comparing Assistant

Sh Lal Singh and 2 Ors. v. the Nf Railway and 3 Ors.

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Sh Lal Singh and 2 Ors. v. the Nf Railway and 3 Ors.

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