Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 24 August, 2021
Page No.# 1/4
GAHC010082682021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3941/2021
M/S GREENLEAF ENTERPRISES AND ANR
A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT TARUN NAGAR, OPP.
SWADESH ACADEMY, G.S.ROAD, GHY, KAMRUP (M) AD IS REP. BY ITS
AUTHORIZED REPRESENTATIVE ARI JAYANTA BHUYAN
2: GANAPATI FRESH DAIRY
A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT JAYANAGAR CHARIALI
NEAR TRIPURA BHAWAN
KHANAPARA
GHY-22 AND IS REP. BY ITS AUTHORISED REPRESENTATIVE SRI BIPUL
KUMA
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, AGRICULTURE
DEPTT., DISPUR, ASSAM, GHY-06
2:THE STATE OF ASSAM
REP. HEREIN BY PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
ANIMAL HUSBANDRY AND VETERINARY DEPTT.
DISPUR
ASSAM
GHY-06
3:THE GUWAHATI MUNICIPAL CORPORATION
REP. BY COMMISSIONER
PANBAZAR
GHY-01
4:THE COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION
PANBAZAR
GHY-01
Page No.# 2/4
5:ASSAM LIVESTOCK AND POULTRY CORPORATION LTD.
REP. TO ITS CHAIRMAN
PANJABARI ROAD
JURIPAR
NEAR BIPANAN KHETRA GHY-3
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : SC, AGRI. DEPARTMENT
BEFORE
THE HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA
order
24.08.2021
Heard Mr. UK Nair, learned Senior counsel assisted by Mr. MP Sarma,
learned counsel for the petitioners.
The petitioners are the licensed meat vendors carrying out the business
within the district of Kamrup (M). This writ petition is filed for enforcement of
the GMC Bye Law in respect of maintaining slaughter house and for enforcing
the order dated 31.01.2018 passed in the PIL No. 28/2017. It is submitted by
Mr. Nair that in terms of the said order dated 31.01.2018 the respondent State
issued notification dated 01.01.2018 which is reproduced
hereinbelow:
"OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION: GUWAHATI
VETERINARY BRANCH:FANCYBAZAR:GUWAHATI
No.GVT/F-14/09-10/127 Date:01.01.2018
NOTIFICATION
Whereas the Guwahati Municipal Corporation Slaughter (Regulation) Bye
Page No.# 3/4
Laws - 2012 notified in the year 2012 under the Guidelines of Central Slaughter
House Act 2001 for G.M.C. area and the judgment passed by the Hon'ble
Supreme Court of India vide WP(C) No. 309/2003 etc. empowers the Guwahati
Municipal Corporation to regulate the slaughters of animals for supply of
hygienic meats etc to consumers:
And, whereas, at present its seen that all meat sold in the GMC areas are
totally unhygienic and slaughtered in butcher shops without following basic
norms as laid down which is totally against the Bye Laws and also against the
judgment passed by the Hon'ble Supreme Court of India.
Therefore, to ensure hygienic meat to the consumers and also to prevent
cruelty to animals, it is hereby notified that all meat dealers under the Guwahati
Municipal Corporation area must slaughter their animals only at the certified
slaughterhouse.
No meat dealer will be allowed to slaughter animals outside the certified
slaughter houses. Any violation to this notification will invite legal action
including punishment under clause 61-(a),(b), (c) of the Bye Laws.
(M Goswami, IAS)
Commissioner
Guwahati Municipal Corporation
Guwahati
Subsequently, the State Government has also issued an addendum dated 09.01.2018, which reads
as under:
"OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION: GUWAHATI
VETERINARYBRANCH:FANCYBAZAR:GUWAHATI
No.GVT/F-14/09-10/127 Date:09.01.2018
ADDENDUM
In continuation of Notification No. GVT/F-14/09-10/127 dated 01.01.2018
regulating the slaughter of animals for human consumption, it is for the
information of all concerned that no meat dealer will be allowed to slaughter
any animal outside the certified slaughter house after 30 th January, 2018.
(M Goswami, IAS)
Commissioner
Guwahati Municipal Corporation
Guwahati"
In view of the aforesaid Notification, we finally dispose of the petition with a direction to the district
authorities to ensure that Notification is given effect to in letter and spirit. We also make it clear that any lapse
on the part of authorities will be viewed seriously by this court."
Page No.# 4/4
The learned Senior counsel for the petitioners submits that in clear
violation of the said notification dated 01.01.2018 and the addendum dated
09.01.2018 issued by Guwahati Municipal Corporation leaving aside a few, most
of the meet vendors are using their own premises as slaughter houses which is
violative of the notification dated 01.01.2018 read with addendum dated
09.01.2018 of the Guwahati Municipal Corporation along with direction of the
Hon'ble Supreme Court. Accordingly the same is required to be enforced by the
enforcing authority.
Let notice be issued. Mr. P Nayak, learned standing counsel for the GMC
accepts notices on behalf of respondent Nos. 3 and 4. Mr. N Goswami, learned
State counsel accepts notices on behalf of respondent Nos. 1 and 2. The
petitioners shall take steps on the respondent No. 5 by way of registered post
with A/D within a period of three days from today. It is submitted by Mr. Nair
that inadvertently the State of Assam is shown represented by the
Commissioner and Secretary of the Government of Assam, Agriculture
Department instead of Animal Husbandry & Veterinary Department. Accordingly
necessary correction shall be made by the Registry in the cause title of this writ
petition.
Notices are made returnable on 21.09.2021.
Considering the direction passed in the PIL referred hereinabove, GMC
shall make an endeavor for enforcement of the notification dated 09.01.2018
read with the relevant Bye Law of the GMC.
JUDGE
Comparing Assistant
