MANU/HP/0935/2015

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No. 6631 of 2014

Decided On: 14.10.2015

Appellants: Bhartiya Govansh Rakshan Sanverdhan Parishad Vs. Respondent: The Union of India and Ors.

Hon'ble Judges/Coram:
Rajiv Sharma and Sureshwar Thakur

ORDER

Rajiv Sharma, J.

1. The Deputy Commissioner, Shimla was directed on 2.5.2015 to ensure that the land is transferred for the construction of Gosadans to the respective Panchayats within a period of three months from 2.5.2015. He was also directed to send realistic figures of the amount to be incurred for the construction of Gosadans in Distt. Shimla after getting the building plans etc. prepared from the duly qualified Architect within a period of two months. The concerned departments were directed to ensure that the Gosadans are constructed in District Shimla within a period of six months and the necessary funds are also made available immediately. The remaining Panchayats in the District were also directed to make proposals for the construction of Gosadans to the SDMs concerned through BDO and their cases were ordered to be processed within a period of three months. The construction of Gosadans was ordered to be supervised personally by the SDMs of the concerned Blocks, by convening periodic meetings.

2. In sequel to the directions issued by this Court on 2.5.2015, the Deputy Commissioner, Shimla has filed an affidavit on 13.8.2015. According to the averments contained in the affidavit, out of the total 363 Gram Panchayats in the District Shimla, total 357 Panchayats have identified and selected the land for the construction of Gosadana, however, feasibility of construction of Gosadan in each Panchayat was to be ascertained by the BDO as well as the SDM of that area, keeping in view the high cost of construction and maintenance of these Gosadans. The estimate of the cost of construction of one unit of Gosadan to house 30 animals on scientific patters amounts to Rs. 28.50 lac as submitted by District Panchayat Officer, dated 31.7.2015. The cowshed would cost amounting to Rs. 16.41 lac, fodder store would cost Rs. 8.92 lac and guard room would cost Rs. 3.16 lac. These estimates were again got checked by the competent Engineer who endorsed the estimates. It was proposed to construct at least three to four Gosadans in the first phase in each Block to rehabilitate the stray cattle moving on the highways and roads on priority basis and as such in the first phase 40 Gosadans with all three building plan component could be constructed requiring approximately 10.00 Crore for construction work of Gosadans and it would be extended to other Panchayats of the District.

3. The meeting of the Sub-Committee, Rampur Sub Division under the Chairmanship of SDO (Civil), Rampur was held on 25.7.2015, wherein directions to expedite the process of transfer of land for the construction of Gosadans were issued to Rural Department/BDOs. In Sub Division Rampur, selection of land in all the 76 Gram Panchayats had been completed and construction work of two Gosadans is under progress in Gopalpur Panchayat. The Cattle Registration work is under progress in collaboration with Animal Husbandry Department and in five Panchayats of Kumarsain Block, cattle registration work has been completed. The directions have been issued to National Highway/HPPWD Department to adopt the necessary measures to restrict the entry of the stray cattle on the Highways by erecting barricades at the main entry points and deploying manpower so as to avoid accident.

4. The SDM (Rohru) reported that the selection of land in all the 82 Panchayats has been completed. Similarly, the selection of land in MC, Rohru and Nagar Parishad Jubbal has also been done. As the land is forest land, the cases are being processed accordingly.

5. In the meeting of Sub Divisional Level Committee, Chopal, dated 27.7.2015, the selection of land for the construction of Gosadans in all the 54 Panchayats has been completed. Since the land was forest land selected, the direction has been issued to the concerned BDO to send the cases to Panchayats Van Adhikar Samities to complete the formalities to procure NOC. The BDO Chopal has been directed to nominate one employee as Nodal Officer to pursue the land transfer cases. The Chairman also directed BDO Chopal to initiate the work of construction of Goshala o........