Full Text
HIGH COURT OF DELHI
Date of Decision: 8th February, 2023
M/S AIRPETS RELOCATION SERVICES (P) LTD. ..... Petitioner
Through: None.
HUSBANDRY AND DAIRYING) & ANR. ..... Respondents
Through: Ms Monika Arora, CGSC with Mr Yash Tyagi, Adv. (M- 9511676829)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The Petitioner-M/s AirPets Relocation Services (P) Ltd has filed the present petition challenging the Office Memorandum dated 11th July, 2019 as also the Circular dated 8th January, 2020.
3. The present petition was earlier dismissed on 25th July, 2021. The same was thereafter restored on 21st January, 2022.
4. None appears for the Petitioner and it is noticed by the Court that accommodation was sought by the Petitioner on the last date.
5. The case of the Petitioner is that it is engaged in rendering services to clients for relocation of pets to and from various countries. The services which are rendered by the Petitioner include completion of documentation and other formalities in accordance with the applicable rules as well as coordination with the authorities as a means of convenience to the clients who wish to move their pets in and out of India.
6. The grievance of the Petitioner is that the Respondents have completely barred agents for the purpose of completion of documents and other formalities for relocation of pets. This has an adverse on its business and also cause enormous inconvenience to clients who wish to bring pets.
7. The prayer in this writ petition is as under: “a) Issue directions in the nature of writ of Mandamus/Certiorari to the respondents to amend/quash the guidelines issued in circular dated 15/07/2019 with reference to “Office Memorandum L.110110/14/2019-T dated 11.07.2019” and circular vide file no. 2- 2/2019-20/AQCS ND dated 8th of January, 2020, on the basis of circumstances as mentioned hereinabove in the present petition, b) Direct the respondents to clarify circular dated 08/04/2013 pertaining to imports/exports of pets and direct the respondents and their officials not to create any sort of hindrances or obstructions and work in accordance with the rules and guidelines issued by the concerned government/authority instead of applying their self created rules, and to cooperate with the petitioner and its representatives in the completion of requisite formalities wherein the petitioner/its representatives are working on behalf of its clients upon their authorization. c) Pass any other order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present petition.”
8. The office memorandum dated 11th July, 2019 which is under challenge in the present petition, as per the Petitioner, is being construed by the Respondents as restricting, and in effect barring middleman/agents from being engaged by clients for approaching the Animal Quarantine Centre Services. Subsequently, the circular dated 8th January, 2020 also imposed a condition that the application can be sent only from the email id of the owner of the pets. The said two documents are set out below:- “ Public Notice: 01/2019 With reference to: Office Memorandum L110110/14/2019-T issued by Dept of Fisheries, Animal Husbandry and Dairying, Govt of India on 11.07.2019. Subject: For kind information of all international passengers travelling with pet animals. Attention of all international passengers are invited under jurisdiction of Animal Quarantine and Certification Service, New Delhi, India that passengers travelling with pet animals can now directly apply to Animal Quarantine and Certification Service, New Delhi in person or through email: aqcsnr-dadf@nic.in without any middlemen/agent at least 7 days before date of journey with all necessary documents for clinical verification of pet animals and to collect “Quarantine health NOC”. For clinical examination specially before export, all international passengers are requested to get prior appointment booking through email at least 7 days before journey.”
XXX XXX XXX Public Notice 02/2020 Subject:- For kind information of all International passengers travelling with the pet animals. Advance AQCS NOC for import will be issued within 7 days before arrival based on the self certified advance copies of all relevant documents. (http://agcsindia.gov.in/import-export-of-pets.html). The application will be sent from Owner's E-Mail id Only. Original health certificate will be retained by AQCS at the time of examination of pet and provisional NOC will be issued after physical examination.”
9. Notice was issued in this petition on 21st July, 2020 and the Respondents filed a short affidavit which is sworn by the Quarantine Officer in the office of Animal Quarantine and Certification Service, Kapashera, New Delhi under the Department of Animal Husbandry and Dairying. As per the said counter affidavit, under the Livestock Importation Act 1898, there is no regulation to legally bind any agent on behalf of an animal owner through mutual accountability on animal health service.
10. In terms of Baggage Rules 1998, which was superseded by the Baggage Rules, 2016, circular no. 15/2013 dated 8th April, 2013, passengers with pet animals are required to produce health certificates for the pets from the country of export. These documents are also required to be verified. The counter affidavit of the Respondents further states that the involvement of agents is neither recognised by the circular nor is there any provision under the Livestock Importation Act, 1898 to pin legal accountability upon the agents. The circular was issued in order to ensure that there is accountability and responsibility taken by the passenger concerned and the same is not simply shifted to agents/middleman. It was in this context that the OM dated 11th July, 2019 was issued following the circular dated 8th April, 2013.
11. The purpose was to ensure that the passengers can easily approach the Authorities for the purpose of convenience and transfer of pet animals when travelling and that the agents do not create any accountability issues in this regard.
12. Post the issuance of the impugned circular, office memorandum dated 15th July, 2020 has also been issued. According to the counter affidavit, the purpose of the said OM is set out below:-
13. Ms. Monica Arora, ld. Counsel submits that as per the latest OM which has been issued, it has been made clear that if the client is unable to visit an Animal Quarantine and Certification Service personally for obtaining a no-objection certificate and for the physical examination of pets, the authorised representative can be appointed by the client. The relevant note which is part of the office memorandum dated 15th July, 2020 is set out below:-
14. The standard operating procedure with respect to procedure for import of pet dogs in India reads as under:- Stander Operating Procedure for Import of Pet Dog(s) in to India: Arrival Requirements:
1. Minimum 07 days before embarkation, the application from (Annexure 1.1) will be submitted through email/physically by the applicant.
15. The format for authorisation to apply for obtaining No Objection Certificate at Animal & Certification Services as per the OM dated 15th July, 2020 is as under: Format for Authorisation to apply for obtaining No Objection Certification (NOC) at Animal Quarantine and Certification Services (AQCS) “General Declaration To, The Officer-in-charge Animal Quarantine & Certification Services Ministry of Fisheries, Animal Husbandry, Dairying & Fisheries Department of Animal Husbandry and Dairying Govt. of India. I, Dr./Mr./Ms./Mrs. ……………. with the details mentioned below, am intending to import/export........ nos. of Pet (dog(s)/cat(s)) under baggage rule from.......... into/ from India. For the purpose of obtaining NOC from Animal Quarantine & Certification Services and documentation, I hereby authorize Mr /Mrs. …....... (Whose details are given below) on my behalf. *Note: I am well aware that no charges are levied by AQCS for the purpose of NOC issuance with respect to Import and Export of Pets. Details of the applicant a. Name b. Address c. Passport Copy d. Destination e. Place of embarkation/disembarkation f. Mobile No. g. Email ID Details of the authorized Person: a. Name b. Address c. Copy of Aadhar Card/Election ID/ Passport/Driving license d. Mobile No. e. Email ID”
16. The standard operating procedure, as extracted above, has, by means of office memorandum dated 15th July, 2020, been applied to import of pets into India.
17. In view of the above office memorandum and the standard operating procedure, along with the format which has been provided thereunder, the prayer in the writ petition would no longer survive inasmuch as the clients/passengers are permitted to authorise, by means of the said documents, in terms of the SOP, anyone including agents such as the Petitioner, who can act on behalf of their clients.
18. In view of the office memorandum dated 15th July, 2020, the grievances raised in the writ petition have been addressed by the Respondent. If any clarification is needed the Petitioner may approach the Court by way of an application.
19. It is made clear that the Petitioner and all concerned would be bound by the SOP and the Office Memorandum dated 15th July, 2020.
20. With these above observations, the present petition with all pending applications is disposed of.
PRATHIBA M. SINGH JUDGE FEBRUARY 8, 2023/MR/kt