Introduction:

In a significant ruling, the Rajasthan High Court affirms the Permanent Lok Adalat’s decision to grant compensation of Rs. 3 lakhs for a death caused by a stray bull. The court places responsibility on Bikaner Municipal Corporation, emphasizing its duty under Section 22-A of the Legal Services Authorities Act, 1987, pertaining to public conservancy or sanitation. The judgment delves into the Corporation’s lapses, upholding the Lok Adalat’s jurisdiction to adjudicate and award compensation. This case unravels the intricate balance between civic responsibilities, legal frameworks, and compensation for public harm.

Arguments:

The Municipal Corporation, represented by Advocates Shyam Sunder Ladrecha and Devendra Singh Pidiya, contends that it is not liable for stray animals on the streets, challenging the Lok Adalat’s jurisdiction. The respondents, husband and children of the deceased, assert the Corporation’s failure in its duties led to the tragic incident. The court analyzes Section 22-A and Section 22-C(8) of the 1987 Act, affirming the Lok Adalat’s authority to adjudicate. It highlights the Corporation’s negligence in maintaining public conservancy and sanitation, leading to the presence of stray animals.

Court’s Judgement:

Justice Vinit Kumar Madhur upholds the Lok Adalat’s decision, emphasizing the Corporation’s responsibility for public conservancy. The court notes the lapses in garbage and eatable removal, resulting in wandering stray animals. It deems the Corporation liable and justifies the compensation awarded under Section 22-C(8). The ruling emphasizes the need for stringent action, holding municipal bodies accountable for public safety. The court dismisses the Corporation’s writ, allowing the respondents to recover compensation as directed by the LokAdalat.