20 February 2024 Animal Protection Laws >> Environmental Law  

A Municipal Corporation's writ petition challenging compensation awarded to a family by the Permanent Lok Adalat (PLA) has been dismissed. The deceased, struck by a stray cow while walking on a road, prompted the family to seek compensation under the Legal Services Authorities Act.

Background:

The family of the deceased argued that the poorly maintained roads, overflowing with waste, attracted stray animals. This, they claimed, led to the fatal accident. The PLA agreed, awarding Rs. 3,00,000 (Rupees Three Lakhs) as compensation. The Municipal Corporation contested the PLA's authority, arguing they weren't a "public utility service" under the Act and weren't responsible for controlling stray animals.

Court's Decision Favoured Family:

The Court disagreed. It interpreted "public utility service" to include proper sanitation (waste management). The Court reasoned that the Corporation's failure to manage waste resulted in stray animals roaming the streets, causing accidents.

Emphasis on Municipal Responsibility:

The Court stressed the Municipal Corporation's responsibility for public sanitation and safety. It highlighted the prevalence of stray animals causing accidents due to improper waste management. A similar case was referenced where a challenge to the PLA's order was dismissed.

Conclusion:

The Court's decision upholds the PLA's order. The Municipal Corporation is liable for the awarded compensation. The Court even suggested the Corporation recover the cost from officials who neglected their sanitation duties.

This case sets a precedent for holding Municipal Corporations accountable for proper sanitation and its impact on public safety. It highlights the potential legal consequences of failing to maintain clean and safe roads.

Legal Services Authorities Act, 1987