Rajesh S/O Jaywant Rao Makode And ... vs State Of Maharashtra And Anr.
2001 Latest Caselaw 545 Bom

JUDGMENT

R.M. Lodha, J.

1. Heard.

2. Rule. Returnable forthwith.

3. Shri Deshpande, learned A.G.P. waives services for respondent No. 1. Shri Anjan De, learned Counsel waives service for respondent No. 2.

4. By consent of the learned Counsel for the parties , rule is heard finally at this stage.

5. The petitioners are resident of Chandrapur and they are aggrieved by inaction on the part of respondent No. 2 in not removing the unauthorised slaughtering of animals in Kombdi Bazar, Chandrapur. It is alleged by the petitioners that due to unauthorised slaughtering of animals in residential colony, there is total unrest in the entire area and the residents have to live in the most shabby, uncleaned and unhygienic way. The petitioners have brought this fact to the notice of respondent No. 2 but still no action has been taken by respondent No. 2 against illegal and unauthorised slaughtering of animals in residential colony, necessitating filing of present writ petition.

6. In response to the notice, the second respondent has filed written submissions wherein it is stated that the said respondent has taken action and has tried to take steps to remove chicken market from Kombdi bazar. Notices were issued to four traders under sections 231, 232 and 233 of the Maharashtra Municipalities Act, in the month of July 2000. Articles were also seized which were used for conducting unauthorised slaughtering. It is stated that the traders have approached the Civil Court and had sought temporary injunction in the Civil Suit. According to second respondent, they have filed reply to the temporary injunction application way back in September 2000. It is the case of respondent No. 2 that in the month of October 2000, a meeting was convened by District Magistrate, Chandrapur, where the representatives of the traders conducting the business of chicken and representatives of citizens and businessmen were also present. A categorical statement is made in the written submissions by respondent No. 2 that to resolve the controversy of unauthorised slaughtering of animals in the residential colonies, respondent No. 2 decided to shift the chicken market and mutton market to old fish market and the said old fish market is renovated for the said purpose and by 15-8-2001 the market shall be completed and unauthorised chicken market and mutton market will be shifted to the said fish market.

7. This writ petition definitely demonstrates laxity and inaction on the part of Municipal Council, Chandrapur, in not discharging their duties and obligations as per Chapter XX of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, (for short Municipalities Act). Section 266 of the Municipalities Act empowers the concerned Municipal Council to provide and maintain Municipal markets and slaughter houses. Section 267 makes a provision that no person should use or allow to be used any place in any municipal area as a private market or as a private slaughter-house except under and in accordance with the conditions of a licence granted in accordance with the provisions of the bye-laws in this behalf. Illegal user of any place in the municipal area is an offence. Under section 268, it is open for the Municipal Council to establish Municipal slaughter-houses or to licence private slaughter-houses beyond the limits of the municipal area with the sanction of the Collector and all provisions of this Act and bye-laws in force thereunder relating to such slaughter-houses within the Municipal area are applicable to slaughter house established and licenced under section 268. Section 269 provides restrictions on slaughtering of animals for sale. Section 270 makes provisions for requiring private market buildings and slaughter-houses to be properly paved and drained. Sections 266, 267, 268, 269 and 270 are relevant for the present purposes and the same are reproduced as it is herein.

"Section 266. Power to provide and maintain Municipal markets and slaughter houses.

(1) The Council may construct, purchase, take on lease or otherwise acquire any building or land for the purpose of establishing a Municipal market or a Municipal slaughter-house or of extending or improving any existing Municipal market or slaughter-house, and may from time to time build and maintain such Municipal markets, and slaughter-houses and such stalls, shops, sheds, pens and other buildings or conveniences for the use of the persons carrying on trade or business in, or frequenting, such municipal markets or slaughter-houses, and provide and maintain in such Municipal markets such machines, weights, scales and measures for weighing and measuring goods sold therein as the Council shall think fit.

(2) The Council may, at any time, close either temporarily or permanently any Municipal market or Municipal slaughter-house or any portion thereof.

267. Private markets, etc. not to be held without licence.

(1) No person shall use or allow to be used any place in any municipal area.

(i) as a private market; or

(ii) as a private slaughter-house; or

(iii) for the storage or sale of flesh or fish or animals or birds intended for human foods;

except under and in accordance with the conditions of a licence granted in accordance with the provisions of the bye-laws made in this behalf.

Provided that, no licence under this section shall be required for selling or storing of flesh or fish contained in hemetically sealed receptacles.

(2) Whoever uses or allows to be used any place for any of the purposes specific in sub-section (1), without a licence, or in contravention of any conditions subject to which a licence may have been granted under sub-section (1), shall , on conviction be punished with fine which may extend to five hundred rupees if the contravention is of Clause (i) or (ii) of sub-section (1) and with fine which may extend to one hundred rupees if the contravention is of Clause (iii) of that sub-section, and in the case of continuing contravention of the said Clause (i) or (ii) with further fine of fifty rupees and of the said Clause (iii) with further fine of ten rupees, for every day after the first during which such contravention continues.

268. Slaughter houses, etc. beyond Municipal area.

(1) It shall be lawful of a Council with the sanction of the Collector to establish Municipal slaughter-houses or to licence private slaughter-houses beyond the limits of the Municipal area and all provisions of this Act and of bye-laws in force thereunder relating to such slaughter-houses within the municipal area, shall have full force in respect of slaughter-houses established or licensed under this section, as if they were within the municipal area.

(2) It shall be lawful for the Council to prohibit the import into the Municipal area of meat except of animals slaughtered at a Municipal slaughter-house or a slaughter-house licensed by the Council under sub-section (1).

(3) Nothing in sub-section (2) shall be deemed to apply to cured or preserved meat.

269. Restriction on slaughter of animals for sale.

(1) No person shall without written permission of the Chief Officer, slaughter or cause to be slaughtered any animal for sale or supply of meat in the Municipal area except in a Municipal slaughter-house or a licensed private slaughter-house.

(2) Any person who contravenes any provision of sub-section (1) shall, on conviction be punished with fine which may extend to one hundred rupees.

(3) The Chief Officer may seize the carcass or meat of any animal slaughtered contrary to the provisions of sub-section (1) and may cause it to be sold, destroyed or disposed of in such other manner as he may think fit.

270. Provisions for requiring private market buildings and slaughter-houses to be properly paved and drained.

The Chief Officer, subject to the control of the President, may by a written notice, require the owner, or the person in charge, of any private market or slaughter-house, to cause.

(a) the whole or any portion of the floor of the market place or slaughter-house to be raised or paved with dressed stone or other suitable material ;

(b) such drains to be made in or from the market-building, market-place or slaughter-house, of such material, size and description, at such level and with such outfall, as to the Council may appear necessary;

(c) a supply of water to be provided for keeping such market-building, market-place or slaughter-house, in a clean and wholesome State;

(d) any shop, stall, shed, standing or other structure, in any private market to be altered or improved, in such manner as the council may consider necessary;

(e) any privy, water-closet or urinal or any other sanitary arrangement to be constructed or made at such site and in such manner as the Council may deem necessary and expedient; and

(f) any other measures to be taken which in its opinion are necessary in the interest of public health or sanitation.

8. From the scheme of the aforesaid provisions, it is clear that the said provisions regulate slaughter-houses and Municipal Councils have been empowered to provide and maintain slaughter houses. No person without the written permission of the Chief Officer shall slaughter or cause to slaughter any animal for sale or supply of meat in the Municipal area except in a Municipal slaughter-house or a licensed private slaughter-house. Contravention of said provision by any person may lead to conviction. It is also open to the Chief Officer to seize the meat of any animal slaughtered and he may cause it to be sold, destroyed or disposed of in the manner he thinks fit. Even Municipal Council is empowered to establish slaughter houses or licenced private slaughter-houses beyond the limits of the Municipal area with the sanction of the Collector and to such Municipal slaughter-houses and private licensed slaughter-houses, all provisions of this Act are applicable. Provisions contained under section 268 explains the intention of the Legislature that the area within the limits of Municipal Council should be hygienic and habitable. Apparently, on the face of the provisions quoted above, the business of chicken hatching and slaughtering in Kombdi bazar, Chandrapur, being carried out in private houses without there being licences issued by the Chief Executive Officer, is illegal and unauthorised. The Municipal Council could not have kept its eyes closed to the illegal activities of hatching of chickens and slaughtering of animals going on in the residential colony and should not have waited for spirited citizens to approach the Court.

9. From the written submissions filed by the Municipal Council, no doubt is left that the traders in Kombdi Bazar, Chandrapur are carrying out illegal hatching of chickens and slaughtering of other animals which cannot be permitted in contravention of legal provisions. The Chief Executive Officer in his written submissions has informed this Court that to resolve the problem, the Municipal Council has started renovating the old fish market for shifting the chicken and mutton market, which is being unauthorisedly run. By 15-8-2001 the said market is expected to be completed . It is the bounden duty of Municipal Council to ensure that the lives of the residents within the Municipal area are not affected because of unhygienic and stinky conditions due to unauthorised and illegal hatching of chickens and slaughtering of other animals in the residential area. Taking into consideration overall facts and circumstances of the present case, which are not in dispute, the legal obligations of Municipal Council, Chandrapur and the rights of citizens of Chandrapur, we are satisfied that the following directions would subserve the ends of justice.

(i) Respondent No. 2 must take all steps and ensure that the old fish market is renovated for using chicken and mutton market by 15-8-2001.

(ii) The Chief Executive Officer, Municipal Council, Chandrapur, is further directed to take all steps in removing the traders carrying on the business of unauthorised slaughtering of animals in the residential areas of Kombdi Bazar from 15-8-2001 and shift the said traders to the old fish market which is being renovated for the purposes of shifting the chicken and mutton market.

(iii) The Chief Executive Officer, Municipal Council, Chandrapur, is further directed to take immediate steps in ensuring that Kombdi Bazar is restored to cleanliness and total hygienic conditions without any further delay.

10. Rule is disposed of in aforesaid terms. No order as to costs.

11. The parties may be supplied with the ordinary copy of this judgment duly authenticated by the Court Sheristedar on payment of usual copying charges.