iL /l L/ LUl f , S. No. 3 4 5 6 7 8 9 10 Notified Board Sr . D t CourtCode N Stage a e o. 23/ 01 / 2017 1 48 URGENT ADMISSION (ADJOUNRED MATTERS) 27/01 / 2017 31/ 01/2017 03 / 02/2017 07 / 02 / 2017 09/02/ 2017 13/ 02 / 2017 02 / 031201 7 28 URGENT ADMISSION (ADJOUNRED MATTERS) FOR ORDERS 3 FOR ORDERS F OR ORDERS FOR ORDERS Z FOR ORDERS FOR PRONOUNCEMENT OF JUDGEMENT / ORDER Action N EXT DATE NEXT DATE NEXT DATE NEXT DATE NEXT DATE NEXT DATE KEPT FOR CAV Coram • HONOURABLE THE CHIEF. JUST!< MR. R.SUBHASH REDDY • HONOURABLE MR. JUSTICE VIPU. PANCHOLI • HONOURABLE THE CHIEF JUSTIC MR. R.SUBHASH REDDY • HONOURABLE MR.JUSTICE VIPUL PANCHOLI • HONOURABLE THE CHIEF JUSTIC MR. R.SUBHASH REDDY • HONOURABLE MR. JUSTICE VIPUL PANCHOLI • HONOURABLE THE CHIEF JUSTICI MR. R.SUBHASH REDDY • HONOURABLE MR. JUSTICE VIPUL PANCHOLI • HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY • HONOURABLE MR. JUSTICE VIPUL PANCHOLI • HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY • HONOURABLE MR. JUSTICE VIPUL I PANCHOLI • HONOURABLE THE CHIEF JUSTICE MR. R. SUBHASH REDDY • HONOURABLE MR. JUSTICE VIPUL II PANCHOLI DISPOSED AT • HONOURABLE THE CHIEF JUSTICE ADMISSION STAGE MR. R. SUBHASH REDDY • HONOURABLE MR.JUSTICE VIPUL N PANCHOLI s. c .... _ •. ,· ,_ , -a se s l' 'f0. dgeName HONOURABLE THE CHIEF JUSTICE MR. R.S UBHASH REDDY O.rder . D-ate C.AV Judgement Questions Transferred Download • HONOURABLE MR. JUSTICE VI PUL M. PANC HOLI 17/01J10J7 ORDER y I 2 HONOURABLE THE CHIEF JUSTICE MR. R. SUBHASH REDDY 13/ 02/2017 N ORDER y Downloacl•lf.tJtfM 3 s. No. 1 PETI TION (PI L) / 9/ 2017 WRIT P ETITION (PI L)/9 12017 • HO NOURABLE MR.JUSTICE VI PUL M. P ANCHOLI • HONOURABLE THE C HI EF JUSTICE MR. R.S UBHASH REDDY • HONOURABLE MR.JUSTI CE VIPUL M. PANCHOLI 02/03/ 201 7 y Y N N N y . -· .. -- - ---·· ---;- . -- --- -- - -- - ----- - ---- - -- -----·- -- ApplicantName GOVERN MENT P LEAD ER Application Type Application UOL 0 d D N 'f D Delivery Status Nature Of Dat e Number r . er ate otl Y ate Date Document ORDINARY 11/ 04 12017 0 /1 1492· 02/0312017 12/04/ 201 7 28/04/2017 Delivered JUDGE MENT 11493 /2017 !T OP . ! CLOSE http://gujarathc-casestatus.nic.in/gujarathc/casedetail_ 1. jsp 2/
Transcript
i L /l L /LUl f
, S. No.
3
4
5
6
7
8
9
10
Notified Board Sr. D t
CourtCode N Stage a e o. 23/01 / 2017 1 48 URGENT ADMISSION
(ADJOUNRED MATTERS)
27/01 / 2017
31/01/2017
03 / 02/2017
07/ 02 / 2017
09/02/2017
13/02/ 2017
02 / 0312017
28 URGENT ADMISSION (ADJOUNRED MATTERS)
FOR ORDERS
3 FOR ORDERS
FOR ORDERS
FOR ORDERS
Z FOR ORDERS
FOR PRONOUNCEMENT OF JUDGEMENT / ORDER
Action
NEXT DATE
NEXT DATE
NEXT DATE
NEXT DATE
NEXT DATE
NEXT DATE
KEPT FOR CAV
Coram
• HONOURABLE THE CHIEF. JUST!< MR. R.SUBHASH REDDY
• HONOURABLE MR. JUSTICE VIPU. PANCHOLI
• HONOURABLE THE CHIEF JUSTIC MR. R.SUBHASH REDDY
• HONOURABLE MR.JUSTICE VIPUL PANCHOLI
• HONOURABLE THE CHIEF JUSTIC MR. R.SUBHASH REDDY
• HONOURABLE MR. JUSTICE VIPUL PANCHOLI
• HONOURABLE THE CHIEF JUSTICI MR. R.SUBHASH REDDY
• HONOURABLE MR. JUSTICE VIPUL PANCHOLI
• HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY
• HONOURABLE MR. JUSTICE VIPUL PANCHOLI
• HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY
• HONOURABLE MR.JUSTICE VIPUL I PANCHOLI
• HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY
• HONOURABLE MR. JUSTICE VIPUL II PANCHOLI
DISPOSED AT • HONOURABLE THE CHIEF JUSTICE ADMISSION STAGE MR. R.SUBHASH REDDY
Advocate On Record GOVERNMENT PLEADER for :Opponent(s) ...,. 1 • 2 MR SATYAM Y CHHAYA for :Opponent(s) -+ 3
'Presented On 'Bench Category
: 16/ 01 /2017 : DIVISON BENCH
Registered On District
: 16/0112017 :AHMEDABAD : 10 times Case Originated From : THROUGH HIS/ HER/THEIR
ADVOCATE Listed
StageName : FOR PRONOUNCEMENT OF JUDGEMENT/ ORDER
Classification • DB - PIL- PIL - OF PERSONS, FOR DIRECTION TO CIVIL AUTHORITIES TO PERFORM THEIR DUTIES E.G. LOCALITY DEPRIVED OF ELECTRICITY OR WATER SUPPLY, SANITATION, BAD ROADS CAUSING ACCIDENTS/DEATHS, PROBLEMS RELATING TO HEALTH HAZARDS, ETC. '
Name of the Respondant STATE OF GUJARAT MUNICIPAL COMMISSIONER CHIEF MEOICAL OFFICER COMMISSIONER OF POLICE PRESIDENT / SECRETARY PRESIDENT /SECRETARY
GOVERNMENT PLEADER for :Opponent(s) -+ 1 , 4 MR ZUBIN F BHARDA for :Opponent(s) -~ 5
3 MR SATYAM Y CHHAYA for :Opponent(s) ·-+ 2 4 MR JIGAR G GADHAVI for ·:Opponent(s) -> 6 5 6 7 DIRECTOR , NATIONAL INSTITUTE OF HIGH SECURITY
ANIMAL DISEASE(NIHSAD)
Presented On , Bench Category
: 17/ 01 / 2017 : DIVISON BENCH
Registered On District
:Case Or iginated From 'StageName
: PARTY -IN-PERSON Listed : FOR PRONOUNCEMENT OF JUDGEMENT/ORDER
S. No. Filing Date Document Name
17/01 / 2017.'. VP NOT FILED IN MAIN MATTER
2 17/ 01 / 2017 VP NOT FILED IN MAIN MATTER
3 17/ 01/2017 MEMO OF PETITION/ APPEAL/SUIT
1 4 19/ 01 / 2017 APPEARANCE NOTE
5 27/ 01/2017 VAKALATNAMA
6 30/ 01/2017 VAKALATNAMA
7 0210212017 VAKALATNAMA
8 02/ 02/2017 VAKALATNAMA
9 06 / 02 /2017 FURTHER AFFIDAVIT
10 06 / 02/2017 AFFIDAVIT IN RE-JOINDER
- - ··--·-·-- -·--·
Office Detai Is --- - - .. -
Advocate Name
PARTY-IN-PERSON ADVOCATE for PETITIONER(s) -v 1 MR KK SHAH ADVOCATE for PETITIONER(s) .• , 1
' PARTY-IN-PERSON ADVOCATE for PETITIONER(s) -> 1 GOVERNMENT PLEADER for RESPONDENT(s) ··• 1 MR ZUBIN F BHARDA ADVOCATE for RESPONDENT(s) -~ 5
MR JIGAR G GADHAVI ADVOCATE for RESPONDENT(s) -> 2 MR JIGAR G GADHAVI ADVOCATE for RESPONDENT(s) ·c• 6 MR SATYAM Y CHHAYA ADVOCATE for RESPONDENT(s) ·~· 2 , 2 GOVERNMENT PLEADER for RESPONDENT(s) ·> 1 MR KK SHAH ADVOCATE for PETITIONER(s) -' 1
____ .,. ___ .. _ -·~- - ·
_ <;<?l!r:_t Pr_c>c:eed_if1B_S_
: 17/01/2017 :AHMEDABAD : 10 times
Court Fee on Document Details
Document 0 MR KK SHAH(767) for P: 1
0 PARTY-IN-PERSON(SOOO) fa P:1
100 MR KK SHAH(767), PARTY-IN-PERSON(5000), for P:1
li wtiether -Rep-orters -oTlocaT-Pap·e-rs r:n-a-y;·Ee- aTiow~ear·· -!to see the judgment? !
~ I i '!
f2 ~o- be refe-rred-to the-Re-poi-ter--or-nofi--- -- -- -- --[ --13· --- WlleH1erth-elrT6rCisil-fpswr5-h to see-H-ie-tair cop-yo~ : khe judgment ? i . . I
!4 fWhether thfs case invo-hies a substantial ql.H=-stlo-n 6-~ -jlaw as to the interpretation of the Const itution ofj :India or any order made thereunder? : ! :
CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY and HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 02/03/2017
COMMON CAV JUDGMENT
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)
1. As common questions of law, on similar set of facts are
involved in these two writ-petitions, they are heard together and
disposed of by this common judgment. For the purpose of disposal,
we d1·aw facts as narrated in Writ Petition (PIL) No. 9 of 2017.
2. Writ Petition (PIL) No. 9 of 2017 is filed by way of Public Interest
L~tigation by the petitioner who is a s~nior citizen aged about 96 ' 0
years and resident of Memnagar in the city of Ahmedabad, seeking
the reliefs which read as under:-
11 (A) Your Lordships may be pleased to admit and allow the present petition.
(B) Your Lordships may be .pleased to issue a writ of Mandamus or a writ in nature ofMandamus and/or any other appropriate writ/s, order/s, and/or direction/s and thereby directing the respondent authority to stop the functioning of Respondent No.4 in· the Memnagar Area as because of which the entire area has been declared as ' Bird Flue' affected zone and further be pleased to direct the respondent authority to take appropriate steps against respondent No.4 trust;
(C) Your Lordships may be pleased to issue a writ of Mandamus or a writ in nature of Mandamus and/or any other appropriate writ/s, order/s, and/or direction/s by directing the respondent authority to investigate as to how and in what circumstances affected birds were brought to the Memnagar area and under whose direction they have been culled and
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buried there itself and further be pleased to take appropriate steps against the responsible government , officials and further be pleased to compensate the local residents of the Memnagar area;
(D) Pending hearing and final disposal of this petition, Your Lordship may be pleased to stay and suspend implementation execution and operation of the Respondent No.4 from its further functioning;
. (E) Such other and further relief/s as may be deem just and proper in the facts arid circumstances of the case may pl ease be granted in favour of the petitioner in the interest of justice."
The case of the petitioner in Writ Petition (PIU No. 9 of 2017, as
narrated in the peti t ion is that, he is the resident of Memnagar area
of Ahmedabad and has been residing in the said area for the last 50
years. According to the petitiqner, the State Govehnment as well as
the Police Commissioner, due to their incapacity and lack of contro l,
have allowed the respondent no.4 to bring the bird flue virus affected
birds to the purely residential area of the city, and out of them, at
least more t han 200 birds were also already affected by HSN l (Bird
Flue) virus and the same is within the knowledge of the respondents,
in spite of the same, the respondent nos. 1 and 2allowed the infected
birds t o be t ransferred to the city area which is against the pub! ic
interest at large. It is further the case of the petitioner that Memnagar
area is pu rely residentia l area situated near the farm/premises of the
4 th respondent and there is St. Xavier's School, where some 2 000
students are studying, therefore, it is dangerous for the students also
in view of t he act ion of the 4th respondent in bringing such birds to
the farrr1/prernises of the 4th respondent. Accord ing to the petition er,
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about 150 birds which were affected with Avian Influenza were culled
and buried within the premises of the 4th respondent which is
.absolutely da.rgerous for the health of the local residents. The
respondents have notified 1 km area of Memnagar, Ahmedabad as
"Bird Flu Affected" zone and 10 kms area as "Alert Zone", as it is
confi rmed that the birds which have been kept at the premises of the
respondent no.4 are infected with HSNl virus (Bird Flu virus). It is
furth er case of the petitioner th at St. Xavier's School is situated at a
distance of only 200 meters from the premises of the 4 t11 respond ent
and by allowing t he cull ing and bu rying of t he affect ed bi rd s wi t hin
the premises of the 4 th respondent, the respondent authorities have
created dangerous situation for the spread of the virus. It is the
gri E7vance of t he petitioner t hat the 2 nd respondent has t aken st eps to
put danger signboards atross the area and has also deployed police
personnel in the area, as such, it has created a panic like situ ation
among the loca l res idents of t he entire Memnagar area. Further
gri evance of the petitioner is t hat the respondent authoriti es have
issued a noti-f icaUon restrict ing the movement of the people in the
area, but at t he same t ime, they have not taken ahy steps to provide
medical helpline or ta ken preventive st eps to contain t he sprea d of
vi rus. With the aforesaid facts, the petitioner seeks directions aga inst
t he respondent aut horities by way of mandamus to stop functioning
of t he 4 th respondent in the Memnagar area and to issue directions for
investigation as to how and in what . circumstances the respondent
authorit ies have allowed the affected birds to be transferred into
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Memnagar area. In this petition, directions are also sought against
Sarva Dharma Rakshak Seva Trust, an N.G.O. who is the 4 th
respondent in the petition.
4. Subsequent to filing of the aforesaid Writ Petition (PIL) No. 9 of
2017, another writ-petition being Writ Petition (PIL) No. 17 of 2017 is
filed with similar contentions with reference to the area of Hathijan
and Viranjali Va n. Even in thi s petition , Sarva Dharma Rakshak Seva
Trust is also respondent no.6, whereas Asha Foundation, another
N.G .O is respondent no.S.
5. Additiona l affidavit is filed in Writ Petition (PIL) No. 9 of 2017
sworn by one Narendrasinh joravarsinh Jadav, wherein it is stated ' ..
that he is· the resident of Memnagar area and his tenement is just
adjoining the plot wherein all the infected birds were culled and
buried. It is stated in the additional affidavit that on 18th january 2017
in the early hours, he heard noise of a big JCB machine and therefore
he went to the balcony and saw that the respondent authorities were
using JCB machine to dig the earfh where all the birds were culled
and buried . It is fu rther stated in the additiona l affidavit that as it was
dark, it created a doubt that whether the respondent authorities were
burying new birds in the said land or taking out the birds which were
already buried inside the premises of the 4 th respondent.
6. One more aff idavit is filed which 1s sworn by one Ashi sh
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Rajnikant Parikh, who claims to be the resident of Memnagar area. In
the said affidavit it is stated that even after the Po lice Commissioner
has issued notification on 12th january 2017, prohibiting public f,
movement etc., all the activities as well as get together were going
on in the entire area, that too in the presence of the police personnel.
7. Affidavit in reply is filed on behalf of 3rd respondent-Ahmedabad
Municipal Corporation , which is sworn by a medical officer· of the
respondent no.3 Corporation. While denying the various allegations
made by the petitioners in the petitions, it is averred that 3rd
respondent, being a statutory body has not considered the captioned
petition as adversarial litigation, however, all the details are given
regarding the steps taken by 3rd respondent to avoid any epidemic
situation, more particularly in view of the virus khown as "Avian
Influenza" (HSNl) virus, popularly known as "Bird Flu " virus. It is
stated in the affidavit in reply that the Central Government, through
the department of Director General of Health Services (DGHS),
Ministry of Health & Fami ly Welfare , has framed detai led guidelines
known as "Contingency Plan for Management O'f the Human Case of
the Avian Influenza" . As per· the said guidelines, there is Standard
Operating System prescribed by the Central Government and the
Action Plan, and as per the said Standard Operating System,
Municipal Corporation is one of the agencies which would implement
the above-referred Action Plan with the help of other government
agencies. It is averred by 3rd respondent in the affidavit in reply that
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the respondents authorities are aware of the situation and no positive
case of human body getting affected with HSNl is reported so far in
India, however, the answering r-espondent is alive of Lhe situation and
taking all possible steps Jbsolutely in consonance wllh the guidelines
issued by the Union of India and in view of the necessity, even extra
care is taken having regard to the prevailing situation. It is further
averr-ed that st eps are taken by the respondent no.3 in the recent
pa st for su rveill ance, pr·eventive measu res as we ll as procedure for
disinfecting the area etc , as shown in Annexure R/1 enclosed along
with the affid avi t in rep ly. By r·eferring to t he Annexure R/1 , it is
stated that the same would suggest that t he answering respondent
has taken all possible steps in accordance with. the guidelines notified
by the Government of India. It is .further say of the answering
respondent that almost all the premises are, for the purpose of the
surveillance, on constant search falling with in the infected area, that
is, 0 to 1 km from the epicenter and further steps are taken by th e
answering respondent by using insecticides and efforts are made to
avoid spread of any infection in the area . As per the guidelines of the
Government of India, infected/suspected birds are to be culled out by
the agency of t he State Government, that is, Department of Animal
Husbandry and the answering respondent is rendering all assistance
to the said agency. It is further averred in the affidavit in reply that
after coming to know that·certain birds were suspected to have been
infected with Avi an Infl uenza, steps are t aken by the answering
respondent, wh ich facts are narrated in detai l in paras 7 and 8 of the
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affidavit in reply. The said paras 7 and 8 read as under:
"7. It is submitted that on 04.01.2017 the answering <
respondent came to know that certain birds are suspected of
having infection AVIAN INFLUENZA and therefore, 8
persons/workmen were identified who came in the physical
contact with infected and/or suspected birds. Immediately upon
identification answering r espondent has started 'prophylactic
treatment' and · even fam ily members of such 8
persons/workmen were surveyed with exhaustive details and
only after satisfying about their non infection and after
completion of the surveillance of 10 days said 8 persons were
permitted to go away. It is to be noted here that recently
officers of the Animal Husbandry have ur:~dertaken the task of
the culling of about 159 who were buried as per the DGHS
guidelines at Memnagar area, even those 3 officers/workers of
the department of the Animal Husbandry, State of Gujarat are
kept in quarantine. Thus, it is clear that all officers may be of
the State Governrn.ent and/or corporations are giving their best
so as to avoid any epidemic situation and to avoid any infection
of the H5Nl virus to the human body. It would not fair on the
part of the petitioner to submit otherwise. It is submitted that
being statutory body answering corporation can only initiate
prompt, effective and honest attempt with the help of the
expert and in view of the guidelines issued by the central
government so as to avoid any epidemic situation more
P?rticularly in the field of the AVIAN INFLUENZA which would
easily spread through bird. Thus, answering respondent would
take all care and would continue with such activity without
levying any aspects untouched.
8. It would not out of place to mention here that as the Staff
of the Health Department of the answering corporation is
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limited and the task was hard, more human agencies were
required therefore, answering respondents had transferred
workers/officers from other zone so as to concentrate on
infected area so that the infected area may not be spread over
so as to reduce further complications. Even help of the State
Government for temporarily deployment of the officers were
obtained by the corporation . Thus, totality of the fact would
suggest that all possible effective steps are taken so as to
avoid any unhealthy situation · and up till now with the grace of
the God answerin g respondent wi th the help of the public at
large is successful for the purpose."
9. Separate affid avit in reply has been filed on beha lf of the p t
respondent, which is sworn by one Dr. Dinkar Raval, Deputy Director
(Epidemics), Gandhi nagar. While denying various allegations made by
the petitioner in the petition, factual aspects are stated with regard to
Avian Influenza (AI)-Bird Flue-HSNl, method of transmission , reasons
for causing Bird Flu, risk factors of Bird Flu and the steps to be taken
for prevention of Bird Flu. Paragraphs 4·, 5 and 6 of the said affidavit
read as under:-
"4. Before dealing with the grounds raised in the present
petition, the present deponent craves leave to place certain
factual aspects on record.
Avian Influenza (AJ)-Bird Flu-HSNl
Avian influenza (1) , as per World Organization for Animal Health
(OlE), is defined as an infection of poultry caused by any
influenza. A virus of the H5 or H7 subtypes or by any influenza
'A' virus with an intravenous pathogenicity index (IVPI) greater
than 1.2.
Avian Influenza (AI) viruses have been circulating worldwide for
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centuries with four known outbreaks recorded in the last
century. The present wave of highly pathogenic avian influenza
(HPAI) emerged in. Hong Kong in 199 7. India notified the first
outbreak pf avian influenza on the 18th February 2006. Since
then, outbreaks have been reported in Mahar:ashtra, Gujarat,
Madhya Pradesh, Mahipur, West Bengal, Tripura, Assam, Sikkim,
Odisha, Meghalaya, Karnataka, Bihar, Chhattisgarh, Kerala and
Chandigarh . Notably not a single case of any human being
infected with Bird flu is registered in the country.
Transmission
There are many subtypes of avian influenza viruses, but only
some strains of five subtypes have been known to infect
humans: H5Nl, H7N3, H7N7, H7N9, and H9N2 .
• Most human cases of the avian flu are a result of either
· handling dead infected birds or from c;ontact with infected
fluids.
• It can also be spread through contaminated surfaces and
droppings.
• There is currently a large threat of this in Asia with infected
poultry due to low hygiene conditions and close inhabitation .
Although it is easy for humans to contract the infection frorn
birds, human-to-human transmission is more difficult without
prolonged contact.
What causes Bird Flu? .
• Although there are several types of bird flu, H5Nl was the first
?JVian influenza virus to infect humans.
• The first infection occurred in Hong Kong in 1997. The outbreak
was linked to handling infected poultry.
• H5Nl occurs naturally in wild waterfowl, but it can spread
easily to domestic poultry. The disease is transmitted to
humans through contact wi th infected bird feces, nasal
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secretions, or secretions from the mouth or eyes.
• Consuming properly cooked poultry or eggs from infected birds
does not transmit the bird flu 1 but eggs should never be served
runny. "
• Meat is considered safe if it has been cooked to an internal
temperature of 165oF.
What are Bird Flu Risk Factors?
• H5Nl has the ability to survive for extended periods of time.
Birds infected with H5NJ Continue to release ,the virus in feces
and saliva for as long as 10 days. Touching con taminated
surfaces can spread the infection.
You may have a greater risk of contracting HSNl if you are:
• A poultry farmer
• A trave!Ier visiting affected areas ·
• Exposed to infected birds
• Someone who eats undercooked poultry or eggs
• A health:care worker caring for infected patients
• A household member of an infected person
Bird Flu Prevention
• Proper reporting of an isolated case can help to prevent spread.
With proper infection control and use of p ersonal protective
equipm.ent, the chance for in fection is low. Protecting the eyes,
nose, mouth, and hands is important for prevention because
these are the most comm on ways for the virus to enter the
body.
• Recommendation is that if a worker develops symptoms within
10 days of working with infected poultry or potentially
contaminated materials, they should seek care and notify their
employer, who should notify public health officials. . . .
• Vaccines for poultry have been formulated against several of
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the avian H5Nl influenza v arieties. Control measures for HPAI
encourage mass vaccinations of poultry. The FDA has approved
a vaccine designed to protect against the avian flu , but the
vaccine js not currently available to the public. c
However, you can minimize your risk by avoiding:
• Open air markets
• Contact with infected birds
• Undercooked poultry
The practice of good hygiene and washing of hand is necessary.
5. Th e Directorate General of Health Services, Ministry of Health
and Family Welfare, Government of India has notified a
"Contingency Plan For Manageme nt Of Human Cases Of
Avian Influenza". The action plan ts compendium of
instructions to be scrupulously followed by all concerned,
Departments, Corporations, other local Bodies and all
responsible for the m anagement of the viral outbreak. The
manual step by step directs what action is to be taken by which
departm ents. It contains counter checks ancl balances to ensure
that there is counter · vigilance and surveillance and as far as
possible there is zero ~rror in management of the virus. The
Departm ent of Animal Husbandry , Government of India has
issued guidelines for management of Avian Flu, i.e. H5Nl virus.
6. I say and submit that managing of bird flu is handled by
different departments in co-ordination with each other. They are
I) Animal Husbandry Department;
ii Heal th and Family Welfare Department
(through Director of Public Health) ;
iii) Revenue Department;
iv) Ahmedabad Municipal Corporation;
v) Forest Department; and
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vi) Home Department.
31.12.2016: Asha foundation an NGO claiming to be engaged
in the protection and welfare of birds had reported a sudden
mortality of birds to the Department of Animal Husbandry. e
Officers from the department had visited the foundation on the
same day i .e. 31st December2016:
31.12.2016: Samples were drawn for testing at National
Institute of High Security Animal Di~eases (NIHSAD), Bhopal
2 .1 .2017: Deputy Director of Animal Husbandry Department
and Assistant Director of Animal Husbandry, District Panchayat,
Ahmedabad, received phone call from a cell No.9824037521 at
14.59 hours reporting that some unknown persons have
released large number of birds near Vastral pond near the
Rabari Colony. On receiving the phone call, Dy. Director of
Animal Husbandry, Assistant Director, District Panchayat,
Ahmedabad and Dy. Director, Intensive Poultry Development
Block, joi,htly visited the said location. On reaching the location, . . . a large crowd of people were found present. Officers were
informed that aP-proximately 1200 od_d birds had already been
picked up by the employees of foundation located at Hathijan.
Since foundation was already under surveillance of the
department, officers restrained the persons from the
foundation from carrying any more birds to the foundation at
Hathijan. Vohmteers from the local puplic and bird lovers took it
up themselves and picked up approximately 150 birds which
taken to the Sarva Dharma Rakshak Seva Trust, fVlernnagar. It
may noted that when the officers visited the location, none of
the birds were dead and all appeared to be healthy.
2.1.2017: Report was received that the birds at Asha
foundation were infected with H5Nl immediately and
notification was issued by the State Government as well as the
Collector u/s 144 of the Code of Criminal Procedure.
3 .1.2017: In order to ensure that no such virus has spread at
Memnagar, officers from the Animal Husbandary visited Sarva
Dharma. Rakshak Seva Trust, Memnagar, Samples were drawn
and sent by special messenger to NIHSAD, Bhopal. The
Trustees were instructed to immediately report any unusual
sickness of birds. Paralle ly its disinfectants were handed over
to the volunteers to be sprinkled in all the cages habituated by
the birds.
4.1.2017:Samples were submitted to NIHSAD in person .
8.1 .2017:0fficers from the Animal Diseases visited Memnagar
Centre to inquire about any unusual sickness/mortality. All
birds were found healthy at the time of the visit.
11 .1.2017: NIHSAD, Bhopal reported positive results for Avian
Influenza H5N1 AT 6.00 P.M. for 14 out of 28 samples collected
from .ducks and ginnea fowl kept at Sarva Dharma Rakshak
Seva Trust, f\.1emnagar. Immediately instructions were issued to
the Collector, District Animal Husbandry officer and other
concerned department by the Department of Animal
Husbandry. The order was issued by the Director of Animal
Husbandry for executing further action.
12.1 .201 7: Notification was issued by the State Government
through the department of Agriculture and Co-operation
Department, whereby it was notified that "The Governor of
Gujarat hereby orders to declare Alert Zone(Control Area)
including all villages and habitat within 10 km area of affected
place of Sarva dharam, Memnagar Rescue Centre, Ta: City of
Ahmedabad district with immediate effect and concerned
district authorities are hereby directed to enforce all
contingency procedure for control and containment of Avian
Influenza (H5Nl) as per Action Plan of Animal Husbandry for
preparedness. control and conta inment of Avian Influenza-
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2015.
12.1.2017: A meeting was convened by the Collector,
Ahmedabad at the Collectorate in presence of Deputy
Commissioner of Police, Deputy Municipal Commissioner,
Officers from the Health Department, Officers from Animal
Husbandry departrr1ent and other concerned departments. This
meeting was also attended by two officers from the
Government of India, Emergency Medical Response Division
who were specially called for, for'the containment of bird flu in
the state of Gujarat. Individual tasks in terms of action plan of
animal husbandry department for preparing, control and
containment of Avian Influenza were assigned to all the
officers"
10. In the affidovit in reply filed on behalf of the ~espondent-State,
it is further stated that on 3Pt December 2016, one Asha Foundation,
an· NGO claiming to be engaged in the protection and welfare of birds
had reported a sudden morta lity of birds to the Department of Animal
Husbandry and the officers of the department had visited the
premises of Asha Foundation on the same day and had drawn
samples for testing at Notional Institute of High Security Animo!
Diseases (NIHSAD), Bhopal. On 2nd January 2017, Deputy Director of
Animal ~usbandry Department and Assistant Director of Animal
Husbandry, District Panchayat, Ahmedobad, received a phone call
from Cell No. 9824037521 at 14.59 hours reporting that some
unknown persons had released large number of birds near Vastral
pond near Rabari Colony and on receiving such phone call, the
Deputy Director of Animal Husbandry, Assistant Director, District
C/WPPIL/9/2017 CAV JUDGMENT
Panchayat, Ahmedabad and th.e Deputy Director, Intensive Poultry
Development Block, jointly visited the said location, where the
officers were informed that approximately 1200 odd birds had
already been picked up by the employees of Asha Foundation located
at Hathijan . It is further stated that volunteers from the local public
and the bird lovers took it up themselves and picked up
approximately 150 birds which were taken to Sarva Dharma Raksha k
Seva Trust, Memnagar. When the officers vis ited th e location, none of
the birds were dead and all appeared to be healthy.
11. In the affidavit it is further stated that on 2nd january 2017, a
report was received that the birds at Asha Foundation were infected
with HSN1 anGl immediately steps were taken and notification was
issued by the State Government as well as the Collector under
Section 144 of the Code of Criminal Procedure. On 3rd january 2017,
in order to ensure that no such virus is spread in other areas of .- - -------:=-- ----------·
rvlemnagar, officers from the Animal Husbandry visited Sarva Dharma
Rakshak Seva Trust, Memnagar, drew samples and sent them by _______ ___)
special messenger to NIHSAD, Bhopal and the trustees of the above ·· ....... _ ··------------· -----------~---- -·· .. ----·--·~----- -~~·: ·- · · ···---.... ---------·-------------- -------·
trust were instructed to immediately report any Uf2l:!_.?~~-~-~_ickness of -- ---·--- ----- --- ---- - -----~-.. -----~-- ... - ----··-- ---···· ----- ---
birds. At the · same time, disinfectants were handed over to the ...... _ .... ~-~-------
volunteers to be sprinkled in all the cages inhabited by the birds. On
4th january 2017, samples were submitted to NIHSAD and on gth
january 2017, officers from Animal Diseases visited Memnagar Centre
· to fnquire about any unusual sickness/mortality and on ·such
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inspection, all the. birds were found healthy at the time of the visit. _____ _ _ .., ______ M,O~=-:")
On 11th january 2017, NIHSAD, Bhopal reported positive results for ---~---~·~~··- - ·· ----·---"~ .. - ·-· .-...
Avian lnfluenza-HSNl at 6.00 p.m . for 14 out of 28 samples collected
from ducks and ginnea fowl kept at Sarva Dharma Rakshak Seva
Trust, Memnagar. On receipt of such report immediately instructions
were issued to the Collector, District Anima l Husbandry Office1- and
ot her concerned departments fo r t aking furth er action as per th e
guidelines notified by the Government of India. On 12th january 2017,
notification was issued by the State Government. notifying t hat within
10 km area of affected place of Sarva Dharma Rakshak Seva Trust.
Memnagar, as alert zone and further step:; .'!'! f!_~e ~<:l k.en 9;; p _E=r t.h~---
Action Plan notified by the government. On · 12th January 2017, a ____ __,__.,...~ .... - ..... ~ ... -_.. .. .,.,.,._,,... . ..,.. __ ...__...., ......
meeting was convened by the Collector, Ahmedabad with all the
concerned officers of the various departments and instructions were
issued to ta ke all possible steps to subside the virus. Again on 12th
January 2017, Police Commissioner, in exercise of powers u/s 144 of
the Cod e of Criminal Procedure, issued a notification prohibiting the
actions prescribed therein, which read as under:-
" 1. Ban on the entry of any vehicle in the infectious area of
the poultry farm of the aforesaid area.
2. Ban on any activity related to poultry products such as
eggs, ducks , hen, fowls etc removal of dead birds, bird
droppings, as also ban on carrying equipments to and from the
alert zone of the poultry farm.
3 . The workers doing work in the poultry farm will have to
wear the clothes giving them protection such as face mask,
special aprons, gum boots, socks, disposal gloves etc.
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4 . To and from entry in the affected farm will be allowed
only in the exceptional cases or else all entry is prohibited,
5. Proper arrangement will have to be r:ndertaken by the
poultry farm owners in such a fashion so ·hat the migrated 0
birds should not get in contact with poultry ::,, ;eds or water.
6. Ban to visit other poultry farms/bird _c;. Jnctuaries/zoo for
the affected poultry farm employees.
7. Ban on re-shifting, use and/ or get birds/hens out, till the
disease is over.
8. Ban on sale of hens of infectious area from open ground
or frorn the shops.
9. So as to avoid infection, all protective measures will have
to be taken as a precaution.[ANNXURE-6]"
To meet with the virus outbreak which can assume serious
proportion, Ahmedabad Muni~ippl Corporation and the Department of
Animal Husbandry took the support of the Pubii-:: Health Division,
Government of Gujarat and additional team of 300 health workers in
addition to 250 health workers of the Corporation were deputed for
surveillance of bird flu ; Referring to the Action Plan prescribed by the
Government of India, it is stated that methodology of depopulation is
prescribed under the Action Plan where under all the birds are
required to be culled; the epicenter to be sealed and cleaned with
disinfectants and carcasses to be bu ried at the same spot and sealed
with layers of limestone and mud. Thus, entire procedure was
followed with regard to 159 birds which were affected on the night of
12th january 2017. It is stated that as per the Action Plan prescribed ,
surveillance is being done constantly and the site will be monitored
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on fortnightly basis for a period of three months. So far as the
Department of Public Health is concerned, it is stated that on daily
basis, within the periphery of 3 kms, officers visited the residences
and carried out surveillance to check whether any person is suffering
from Influenza. It is further stated in the affidavit in reply that there is
surveillance by the Public Health Department of mutton shops and
other shops dispensing poultry products and they are sealed. From 0
to 1 km, 4 shops have been sealed by the Municipal Corporation and
from 1 to 3 kms, 16 shops have been closed by the Corporation aftet-
issuing necessary notices. It is further stated that on 17t11 january
2017 , a phone call was received by the Department of Animal
Husbandry from St. Savier's school informing them there are 64 birds
within the school premises kept for educational purpose and since
the school was within the periphery of 1 km, the respondent
authorities had no option but to depopulate them. Those 64 birds
were buried in the premises of Sarva Dharma Rakshak Seva Trust
since it was at a- distance of only 200 meters from St. Xavier's school.
Officers and staff members comprising of a team of 500 health
workers including officers from Public Health Department, senior
offi cers from the Municipal Corporation, Animal Husbandry
Department have been working day and night to ensure immediate
act ion to contain the outbreak of the disease. Reference is made to
the advertisements published in the newspapers giving necessary
information regarding the virus, its treatment, spread and its cure.
Every resident within 1 km periphery of epicenter has been
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distributed pamphlets depicting the measures to be taken and the
detaits about the virus. Reference is also made in the affidavit in reply r l
to the broadcast made by on All India Radio on 18th january 2017 .
Further referring to the guidelines of the Government of India, it is
stated that there is absolute ban imposed by the Government of India
l I
I !
on transportation of infected chicken, eggs and other material out of
the infected area at any circumstance. Referring to various steps
taken by the respondent authorities as per the Action Plan prepared
by the Government of India, it is stated t hat the allegation of the
petitioner that the authorities have acted in slack and laid back
manner is contrary to the facts as referred above. Lastly, it is stated
that every possible care is being taken and ·there is further
surveillance and other activities to curtail the sp'reading of the
infectious disease. In view of the steps taken, it is pleaded that
petition be dismissed.
R Affidavit 1n reply is filed on behalf of Sarva Dharma Raksha k 1
H.J. Dholakia , learned counsel for the petitioner in WP (PIL) No. 9 of
2017, Shri K.K. Shah, learned advocate who appeared as party in
person in WP(PIL) No. 12 of 2017, Ms. M. L. Shah, learned Government
Pleader for respondent nos. 1 and 2 and Shri Satyam Chhaya, learned
counsel for the respondent no.3-Ahmedabad Municipa l Corporation.
16. Mainly it is contended by learned counsel for the petitioners
that the respondents have, illegally and arbitrari ly allowed the camp
in Memnagar area , which is densely popu lated residential area, to be
used for treatment of birds, It is submitted that even after the
samples were found positive, no immediate steps were taken by the
respondent authorities as per the standard operating instructions and
in accordance with the Action Plan/Contingency Plan of the
Government of India , to prevent the spreading of the Avian Influenza .
The said virus is large epidemic one and if prompt steps are not
taken, there is danger of spreading of the virus among the public
which will affect the human beings at large. Shri Oza submits that in
spite of the fact that samples were found positive and even after the
reports were received f rom the National Institute of High Security
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Animal Diseases (NIHSAD), Bhopal, for several days no steps were
taken, and thus, there was slackness on the part of the respondent
authorities in taking steps to prevent the spreading of Avian
Influenza. The respondents have also not taken steps by preventing
the movement of people within 1 Km area of the epicentre of
Memnagar. It is his submission that contrary to the guidelines issued
by the Government of India, the respondents have moved the
affected bird s from St. Xavier's School, which is situated in Memnagar
area and culled them within the camp area , and the same is contrary
to the guidelines.
17. Shri K. K. Shah, learned advocate who appeared as party in
person in WP (PIL) No. 12 of 2017 submits that he is resident and
immediate neighbour to th~ camp area of the Sarva Dharma Raksha
Seva Trust-respondent no.6 and in the late night hours the authorities
were digging the earth by using JCB machines, they were also taking
out the culled and buried birds. It is submitted that the respondents
have not taken all steps by preventing social functions within the
restricted area . In spite of the fact that reports of some of the birds
were found positive, required steps for preventing infection and to
disinfect the infected area were not taken.
18. On the other hand, Ms M.L.Shah, learned Government Pleader,
appearing for t he respondent-State submits that there are standard
operating inst ructions and the guideltnes notified by the Director
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General of Health Services, Ministry of Health and Family Welfare ,
New Delhi as well as Contingency Plan for management of human
cases of Avian Influenza. It is submitted that immediately after it
came to light that some birds are died, samples were drawn by the
respondent authority and sent to the National Institute of High
Security Animal Diseases (NIHSAD), Bhopal, and immediately after-
receipt of the reports of samples, all possible steps were taken in
accord ance with th e standard operating instructions and Contingency
Plan notified by the Director General of Hea lth Serv ices, Ministry of
Health and Family Welfare, Government of India. It is specifically
contended by the learned Government Pl eader that as per the
standard operating instructions, the infected birds are to be culled
and buried in the very premises ·and transportation of such infected
birds is prohibited. As such, as samples ·were found positive, the
infected bi rds were culled and buried in the very same area . It is
further pl eaded that by taking various steps, the people in the area
were made known as a precautionary measu r-e and necessary
notifications were issued declaring the area as affected area and alert
zone and that steps were t aken by using chemicals etc fo r
preventing the spreading of Avian Influenza.
19.1 During t he course of arguments, the learned Government
Pleader brought to notice of this Court the minutes recorded by the
members of the expert group committee of Crisis Management
Group of their meeting held on 24th January 201 7 chaired by
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Additional Director, Public Health, Government of Gujarat. It is
contended that the Deputy Director, Animal Husbandry has already
issued sanitization certificate which mentions that outbreak of Avian
Influenza at Sarva Dharma Rakshak Seva Trust Centre, Memnagar is
complete and the operations have been concluded. It is further
submitted that further surveillance is required and all measures
which are required to be ta·ken as per t he Contingency Plan/standard
operating instructions notifie·d by the Government of Ind ia are taken.
By referring to various steps taken as mentioned in the affidavit in
reply fil ed on behalf of the State Governm ent, it is submitted that
having regar·d to the immediate steps t aken by the respondents , no
scope was left· for spreading of virus and authorities have acted
swiftly after the receipt of the reports from the National Institute of
High Security Animal Diseases (NIHSAD), Bhopal. It is further
submitted that the State Government undertakes to take further
steps, if any, as and when required.
19. Shri Satyam Chhaya, learned counsel appearing for th e
respondent no.3-Ahmedabad Municipal Corporation subrnits that the
officers of the Corporation have totally cooperated with the officials of
the State Government in taking action for preventing the spreading of
Avian Influenza by confining to guidelines issued by the Government
of India. He submits that the camp permission is given during - ------ - ---... ...
Uttaratarayan festival to Sarva Dharma Raksha:k Seva Trust for . ---- - ----·- ----- ·-- ·- -- --- ----·
treating t he birds in t heir premises and such permissions are given
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only during the festival of Uttarayan (Makar Sankranti) .
20. Heard the learned counsel for the parties. We have perused the e
Contingency Plan for management of human cases of Avian Influenza
notified by the Director General, Health Services, Ministry of Health
ond Family Welfare, New Delhi .
21 . From the perusal of the contingency plan for management of
human cases of Avian Influenza rwtified by the Director General of
Health Services, Ministry of Health and Family Welfare, Government
of India , it is appears that th e same is exhaustive and se lf-contained
one. In the contingency plan, apart from the objectives notified, it
elaborately d.etails the action plan for surveillance, clinical
management, public health measures, logistics and supplies,
communication and media management etc. As per clause-2.1 of the
action plan, in case outbreak of Highly Pathogenic Avi an Influenza
(HPAI) is confirmed, the matter should be reported at once to the
Director of Animal Husband ry and Secretary/Principal Secretary in
chargte of Animal Husbandry and the area of the radius of 3- kms
around the infected site wh ich should have been clearl y identified
with names of all villages and habitants within that area should be
communicated with the same to the above authori t ies so that the
area can be notified as infected area. It also provides that a signboard
about declaration of the area with 3 km radius from the infected site - . -·--------- - - -·--- --- ------····------·-"•··--····- ---·-·
as infected with bi rd f lu or- Avian Influenza should be clearly and
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prominently displayed in the local language. The said clause further
provides that the area between the radius of 3 kms and 10 kms
around the infected site should be notified as surveillance area. The
surveillance area so notified should act as a buffer zone between
infected area and disease-free area. From the affidavits in reply fi led
on behalf of the respondent authorities, we find that after the receipt
of the reports on the samples, the respondent authorities have taken
various steps which are mentioned. Though it is alleged by the
petitioners that there was no prompt and swift action even after
receipt of the reports of the sa'mples sent to the NIHSAD, Bhopal, but
from the material placed on record coupled with the averments made
in the affidavits in reply of the respondent authorities, we are of the . ·, .
view that the respondents have taken every measUre as required
under the action plan notifieq by the Government of lndia. Further,
the learned Government Pleader also. p'aced on record the minutes of
the meeting of members of the Crisis Management Group held on 24 t11
january 2017 under the chair of Additiona l Director General (Pu~lic
Health) . From the perusal of the minutes of the meeting, it is clear
that such meeting is held to review the status of the Bird Flu and
decide further action plan of prevention and control and other
communicable diseases. The minutes of the meeting of the Crisis
Management Group held on 24th january 2011 read as under:
"Expert group committee meeting of Crisis management Group meeting was held on 24.1.2017 under chair of Additional Director (Public Health) at, Block No. 5/2, Dr.
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jivraj f\1/ehta Bhavan, Gandhinagar to review the status of Bird Flue and decide further plan of action of prevention and control and other communicable diseases.
Following officers were present in meeting. • Or~ Simrita Singh, joint Director, National Center for
Disease Control, New Delhi • Dr. G.C. Sahu, Research officer, Reg. office of Health &
FW, Govt. of India, Ahmedabad. • Dr. Dinkar Raval, Deputy Director, Epidemics,
Gandhinagar • Dr. f\// .fv1. Vegad, HOD, f\1/icrobio/ogy Department, B.).
Husbandry, Gandhinagar. • Dr. Amit Kanani, Deputy Director, Animal Husbandry
Department, Ahmedabad. • Or: Pradhyuman Gohi/, Veterinary Officer, Gandhinagar • Dr. Chfrag Shah, Dy. Health Officer (Epidernic), Af\1/C • Dr. V.S. Dhruvey, f\110 /DSP, Gandhinagar • Dr. Umang f\1/ishra, f\110 Epidemic, Gandhi nagar. • Dhaval Parmar, Consultant, RoHFW, Go/, Ahmedabad. • Dr. Danish f\1/alek, APfVJ, State Surveillance Unit, IDSP,
CoH, Gandhinagar.
Additional Director (PH) welcomed all.
1 . Deputy Director (Epidemics) briefed the members regarding present status of bird flue outbreak in fVJemn agar of Ahmedabad f\1/unicipal Corporation area.
2. Instructions given by Hon'ble High Court in reference to PIL of Bird Flu Were discussed in detail. Dy. Director (AH) mentioned that sanitization certificate is already issued today which mentions that outbreak of Avian Influenza at Sarvadharm Rakshak Seva Trust Center, f\1/emnagar, Ahmedabad (Govt. of Gujarat, Agriculture and CoOperation Department Notification No- GHKH-5-2017-VHD-122017-29-Pl dated 12-01-2017) is complete and the operations has been condluded. (Copy annexed.)
3. Dy. fVJoH, AfVJC mentioned that Fever Surveillance in Human beings was initiated from 14 january 2017 and was carried out up to 10 days along with fogging and other control measures. Human Surveillance comp leted on 23rd january, 2 017, and
. ... . . . - · . ·· ~ .... ·- -
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no case suspected of Bird Flu is found. 4. Close contacts and culling team members, were
shifted to Hathijan area under all Personal Protective Equipment (PPEs) as per instruction from experts of Government of India as fVIemnagar is very densely populated area. They have been quarantined and prophylactic treatment is initiated as per guideline · of Management of human case of Avian Influenza (Annexure VII) by fVIinistry of health and Family Welfare, Go/. Till date all are healthy and have not shown any sign/symptoms of illness. 03 members who undertook culling activities on night of 17 january 2017 will be in quarantine till 27th january 2017.
5. 12 teams of AH department (37 persons) who undertook ·culling operation at Ash a Foundation, Hathijan along with 15 persons of Asha Foundation were quarantined till night of 13 january 2017 under full cover of Prophylactic treatment. None reported any illness during this period and are freed from quarantine.
6. jt. Director, NCDC, Government of India mentioned that site where culling operations:··were undertaken was visited. It was mentioned 'that surveillance activities to identify . any suspec~ case of Avian Influenza A H5N1 conducted by A'MC with support of Public Health division of State's health and
. . . . l .
family Welfare department along with other m~a?vrc;s .taken by ·lqcal health authorities to prevent transmission of communicable/infectious diseases were intensive. Health facilities in urban health centers along with fVIicrobiology laboratory , isolc:hion ward facilities at new Civil Hospital, Asarva, Ahmedabad were also inspected. IEC to all~y panic of bird flu were satisfactory. It was also mentioned that timely and concerted actions of all concerned departments have so far prevented transmission of Avian Influenza to human beings and so no human case of bird flu is reported in any part of the Country till date.
fVIeeting concluded with vote of thanks to the Chair.
XXX XXX
SdiAdditional Director (PH)
xxx"
2 2. Consequently, on 24tn January 2017, sanitization certificate 1s
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issued by the Deputy Director, District Panchayat, Ahmedabad.
Perusing the said saniti zation certificate, it is mentioned therein that
the concerned area has been properly cleared and disinfected as per
the Action Plan of Govt. of India and operation has been conclud.ed.
The said certificate dated 24th january 2017 reads as under:
"Sanitization Certificate
This is to be certified that after the outbreak of Avian
Influenza at Sarva dharm Rakshak Seva Trust Center,
flllemnagar, Ahrnedabad (Govt. of Gujarat, Agriculture and Co
Operation Department Notification No. GHKH-5-2017-VHD-
122017-29-?1, Dated : 12/01/2017) is cornplete - culling has
been carried ou t with due mopping and cornbing operation,
disinfection and sanitization in one k . m. Radius from the
epicenter. Now the concerned ar ea has been properly cleared
and disinfected as per Action Plan of Govt. of India (fV/arch-
2015) . of preparedness, cqntrol and containment of Avian
lnfuenza. The operation has been concluded.
Thereafter post operation surveillance will be carried out
for nex t three months.
XXX XXX xxx"
/~ u· In view of su ch steps taken by the respondent authorities, we
deem it appropriate to dispose ofthese writ petitions by giving the
following directions, to avoid relapse of such inst ances in future.
(1) Even during Uttarayan festiva l or at any ti me, if any
application is given either by Non-Governmental Organization
or any individual to hold camps for treating birds, the
respondent authorities shall not grant any perm ission for - ---·-·---- ----·" --- - ---
PCJyu 34 uf 36
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holding such camps within the residential areas. However, it is - ··-·----. -------~---------· --- --·--·
made clear that such applications be considered on their own
merits for holding camps at appropriate and suitable places,
away from the residential areas.
(2) As indicated in the Action Plan, the respondent ____ __ _:::.
authorities shall carry out the post-operative surveillance in the . ---~---._.~---~--------... --.------------.. -···- ........ ·----- --
surveillance zones for a period of three months by collecting - ---- . ------------
sarnples of the birds Ori fortnightly basis and such sample~J)e ,...-------·-·-·-----··-- ........ .. ····-········ . ·• . .... · ---- ·-·~ '"' ·' ... ·--··--· ~--·--·~·-··'•"""---~~·-·
sent to National Institute of High Security Animal Diseases ~------------~--------.---·----- --~----··· ... -- .. ~--- -· ' ------····--.. ·--·------·-·-......... -:--,. .............. _ , __ ··-· . .. ,.,._, -- .-·· -----·--· -·
(NIHSAD), Bhopal ,by following the due procedure as notified by
