Mahboob Alam vs State Of U.P. Thru D.M. And Others
2013 Latest Caselaw 1371 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

AFR
 

 
Judgment reserved on 10.04.2013
 
Judgment delivered on 26.04.2013
 

 
Civil Misc. Writ Petition No.3 of 2013
 
Mahboob Alam v. State of U.P. & Ors.
 

 
Hon. Sunil Ambwani, J.

Hon. Bharat Bhushan, J.

1. We have heard Shri V.M. Zaidi, Senior Counsel assisted by Shri M.J. Akhtar for the petitioner. Shri Vimlesh Kumar Rai appears for Nagar Palika Parishad, Sant Ravi Das Nagar/ Bhadohi. Standing Counsel appears for the State respondents.

2. The petitioner claims to be engaged in the business of slaughtering the permitted animals and transporting meat inside and outside the Nagar Palika Parishad, Bhadohi. He had applied and was granted a License No.72 by the Nagar Palika Parishad, Sant Ravi Das Nagar, Bhadohi on 26.6.2012 for slaughtering 'one animal' and sale of meat in the shop within the municipal area. The license was valid upto 31st March, 2013.

3. By this writ petition the petitioner has prayed for directions to restrain the respondents from interfering in his business of the petitioner to slaughter the permitted animals and to transport the meat of such slaughtered animals within and outside the area of Nagar Palika Parishad, Bhadohi.

4. It is submitted by Shri V.M. Zaidi that the petitioner is traditionally engaged in the business of slaughtering animals. He sells meat of the permissible animals from his shop within the limits of Nagar Palika Parishad. The officers and employees of the Nagar Palika Parishad have stopped him from transporting the meat for sale outside the area of Nagar Palika Parishad (Municipal Corporation). He submits that there is no restriction in transporting of meat outside the limits of municipal area. The restrictions placed are wholly illegal and are violative of the provisions of the Municipalities Act, and the Rules framed thereunder. The conditions of license do not prohibit transportation of meat of permitted animals, which are slaughtered under the valid license. The restrictions are also violative of Art.19 (1) (g) of the Constitution of India, which guarantees freedom of trade, business and occupation subject to reasonable restrictions.

5. Shri Vimlesh Kumar Rai appearing for the Nagar Palika Parishad, Bhadohi submits that the petitioner is entitled under the license issued to him, to slaughter an animal and sale of meat from the premise described in the license. He is not permitted to bring the meat from outside the area or to transport the meat to any place outside the municipal area. There is no provision under the Act or the Rules or in the conditions of license for transporting the meat for sale outside the municipal area. No person has a right to do business or trade in meat except in accordance with the conditions of license, which in the present case do not permit transportation of meat to be brought in or outside the municipal area.

6. Shri Vimlesh Kumar Rai submits that the petitioner's shop is surrounded by Gyan Devi Girls Inter College, Buniyad Convent School, National Children School, Govt. Primary School and Maa Shitala Mandir. All the schools are situate within about 200 mtrs. from petitioner's shop. The general public comes to the main road from the lane adjacent to petitioner's shop and travels upto Katara Bazar and Chhitani Talab Mandir. The petitioner cannot be permitted to carry raw meat from these places in municipal area or any place outside the municipality. He submits that in pursuance to the orders passed by the Supreme Court a state level meeting was held on 14.3.2013 in Babu Bhawan in Secretariat of Uttar Pradesh, providing for guidelines for establishing scientifically slaughter house, which do not cause pollution in the area. In Laxmi Narain Modi v. Union of India, Writ Petition (Civil) No.309 of 2003, the Supreme Court has given directions for establishing state level committees for identifying the places, establishment and monitoring the slaughter houses. Directions have been issued by the Supreme Court to remove slaughter house from dense urban localities and to provide for disposal of solid and liquid waste and for prevention of water and air pollution. The State Level Committee has decided to demolish the old and unhygienic places, where the animals are being slaughtered illegally and to remove the slaughter houses from dense urban locality to a place outside the municipal area. The Committee has also decided to upgrade and modernise the slaughter houses; to provide for disposal of the pollutant material and to take effective steps to prevent cruelty on animals at the time of slaughtering and to provide for funds for establishment of modern slaughter houses. The Committee has also decided to regulate the meat factories and the animal fairs and to fix the number of animals to be slaughtered by each such factory.

7. We have considered the respective submissions and find that Hon'ble Supreme Court has taken notice and is monitoring the establishment of slaughter houses and for its modernisation. It has issued detailed directions to make the slaughter houses pollution free and to regulate the meat factories. These directions are being implemented in the State of U.P. by a State Level Committee. So far as the municipality of Sant Ravi Das Nagar is concerned, it is admitted that there is no modern slaughter house and thus the Municipal Corporation has permitted slaughter of animals in private shops and for sale of meat. The license, however, restricts the slaughter of only one animal at the shop in hygienic conditions. The license granted to the petitioner permits him to cut only one animal in a day and restricts the disposal of solid waste and blood in public drains. The license further provides for covering up shop from outside and for sprinkling lime in front of the shop. This license granted under the Municipalities Act, 1916 does not permit the petitioner to carry and transport meat beyond his shop at any place either within or outside the municipal limits.

8. In the Municipalities Act, 1916 Section 237 to Section 244 provide for markets, slaughter-houses, sale of food etc. Section 237 provides to fix place for slaughter of animals for sale with the approval of the District Magistrate and to make bylaws for inspection and proper regulation of the slaughter houses. Sub-section (4) of Section 237 provides that should any one slaughter for sale any such animals at any other place within the municipal area, he shall be liable on conviction to a fine, which may extend to twenty rupees for every animal so slaughtered. Section 238 provides that municipality may fix by public notice any place in municipal area, where slaughtering and sale shall not be permitted except when animals are slaughtered for any religious purposes.

9. Section 239 of the Act provides for District Magistrate for preservation of public peace or order subject to the control of the Prescribed Authority to prohibit or regulate by public notice, the slaughter within the limits of a municipal area of any specific description for purposes that than the sale and prescribe the mode and route in and by which such animals shall be brought to and meat shall be carried from the place of slaughter. Section 240 provides for disposal of flesh imported in contravention of bye-law and Section 241 provides for licensing of markets and shops for sale of certain articles. Section 241 relevant for the purposes of this case is quoted as below:-

"Section 241. Licensing of markets and shops for sale of certain articles:

(1) The right of any person to use any place, within the limits of a municipality, other than a municipal market, as a market or shop for the sale of animals, meat or fish intended for human food, or as a market for the sale of fruit or vegetables, shall be subject to bye-laws (if any) made under heading F of Section 298.

"(2) Provided that, where any bye-law is in force requiring a licence for the establishment or maintenance of a market or shop for the sale of any article mentioned in Sub-section (1), the board shall not:

"(a) refuse a licence for the maintenance of a market or shop lawfully established at the date of such bye-law coming into force, if application be made within six months from such date, except on the ground that the place where the market or shop is established fails to comply with any conditions prescribed by, or under this Act, or

"(b) cancel, suspend or refuse to renew any licence granted under such bye-law for any cause other than the failure of the licensee to comply with the conditions of the licence or with any provision of, or made under, this Act."

10. Section 298F (a) provides for markets, slaughter-houses, sale of food etc. Sub-section (a) and (b) of Section 298 F is quoted as below:-

"F.--Markets, slaughter-houses, sale of food etc.

"(a) Prohibiting, subject to the provisions of Section 241, the use of any place as a slaughter-house, or as a market or shop for the sale of animals intended for human food or of meat or of fish, or as a market for the sale of fruit or vegetables, in default of a licence granted by the [Municipality] or otherwise than in accordance with the conditions of a licence so granted.

"(b) prescribing the conditions subject to which and the circumstances in which and the areas or localities in respect of which, licences for such use may be granted, suspended or withdrawn;"

11. The Project Manager, Construction and Design Services, U.P. Jal Nigam has selected a site at Gram Sabha Pipris and has requested for providing 25 acres of land at the site for establishing a modern slaughter house for Municipal Corporation, Sant Ravi Das Nagar. The District Magistrate, Sant Ravi Das Nagar has by its letter dated 22nd February, 2013 requested the Revenue Department of the State Government to acquire land in Village Pipris, Tehsil Bhadohi for construction of solid waste management plant, which will also include construction of slaughter house.

12. We do not find any provision in the Municipalities Act under which the petitioner has been issued license or any rules, bylaws or any conditions in the license, which may permit the petitioner to transport meat of the animals slaughtered by him at his licensed shop to be transported through the roads and lanes of the city to any other place within or outside the municipal limits for sale. The petitioner's licensed shop is situate very close to the schools temples and main road, where slaughter of animal should not be ordinarily permitted and thus restrictions have been placed for keeping the shop covered and free from pollution.

13. The petitioner does not have any existing legal or customary rights nor any such order or authority has been placed before us, which may permit him to transport the meat of the animal slaughtered at his shop to be transported for sale to any other place within the municipal limits or outside, for sale.

14. The license issued to the petitioner permits him for slaughter of only one permitted animal a day and sale of meat from his shop, strictly in accordance with the conditions set out in the license. The restriction put by municipal authorities on transportation of meat within or outside municipal limits is not violative of Article 19 (1) (g) of the Constitution of India as the restrictions are reasonable and in public interest to protect general public and to keep the environment free from water and air pollution.

15. The writ petition is dismissed.

Dt.26.04.2013

SP/