Gauhati High Court

Page No.# 1/7 vs The State Of Assam And 5 Ors on 27 January, 2025

Page No.# 1/7

GAHC010082682021

2025:GAU-AS:790

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 5 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ANIMAL
HUSBANDARY 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.# 2/7

5:ASSAM LIVESTOCK AND POULTRY CORPORATION LTD.
REP. TO ITS CHAIRMAN
PANJABARI ROAD
JURIPAR
NEAR BIPANAN KHETRA GHY-37

6:DEPUTY COMMISSIONER
KAMRUP (METRO)
GUWAHATI-1

Advocate for the Petitioner : MR. U K NAIR, MR. A CHETRY,MR. M P SARMA

Advocate for the Respondent : SC, AGRI. DEPARTMENT, MR. D NATH (SR. GA, ASSAM,R-
6),MRS. A GAYAN (R5),GA, ASSAM,SC, GMC

BEFORE
HON'BLE MR. JUSTICE KARDAK ETE

ORDER

Date : 27.01.2025.

Heard Mr. M.P. Sarma, learned counsel for the petitioners. Also heard Mr. S. Baruah, learned State Counsel appearing for respondent Nos.1, 2 & 6, Ms. A. Gayan, learned counsel for the respondent No.5 and Mr. P. Nayak, learned standing counsel for the Gauhati Municipal Corporation appearing for respondent Nos.3 & 4.

This writ petition has been instituted by the petitioners claiming to be the licensed meat vendors and have been running their business in Kamrup (M), for enforcement of the Gauhati Municipal Corporation (Regulations Slaughter House) Bye-Laws, 2012 in respect of maintaining animal slaughter house and implementation of the order dated 31.01.2018, passed in PIL No.28/2017 as well as the direction of the Hon'ble Supreme Court passed in WP(C) Page No.# 3/7

No.309/2003, for regulation of slaughter house of animals for supply of hygienic meat etc. to the consumers.

Mr. M.P. Sarma, learned counsel for the petitioners, submits that despite direction of the Hon'ble Supreme Court for proper regulation of the slaughter house of animals and for supply of hygienic meat to the consumers and also the order dated 31.01.2018, passed in PIL No.28/2017, in the case of Sunil Deka vs. State of Assam and others, the respondent authorities have failed to implement the direction, the Bye-laws of the Gauhati Municipal Corporation and the relevant notifications issued by the respondents. He submits that the number of illegalities carried out by the other businessmen who are carrying out the meat business are being allowed to continue outside the slaughter house, which is in violation of not only the direction of the Hon'ble Supreme Court and this Court but also the Bye-laws as well as the relevant notifications issued by the respondent authorities. He submits that since the others who are carrying the meat business as that of the petitioners, are being allowed to run their business outside the slaughter house in violation of the direction of this Court as well as Bye-laws and notifications, the petitioners should also be allowed to carry the same business as that of other persons who are running same business illegally. In other words, he prays for an exemption to the petitioners from running the meat business within the slaughter house, in terms of the relevant notifications.

Mr. S. Baruah, learned State Counsel as well as Mr. P. Nayak, learned standing counsel for the Gauhati Municipal Corporation, appearing for respondents, have submitted that the Gauhati Municipal Corporation has been implementing the various provisions of Law, Orders, etc. relating to sale of meat, fish and poultry to the best of its ability. Time to time, the corporation is Page No.# 4/7

making drives to ensure that the citizens can have the facility of procuring meat and fish in a hygienic manner. It is further submitted that the corporation is aware of the rules namely "the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001. Admittedly, animals can be slaughtered only in registered slaughter house. By referring to the Annexure-B, annexed to the counter affidavit, it is submitted that drives are being carried and those who are involved in illegal slaughter of meat outside the slaughter house in violation of the Bye- laws, Rules, Orders, Notification, etc. are being seized and penalties are being imposed. Therefore, it is submitted that the authorities are implementing the Bye-laws, Rules, Orders, Notification and the directions of the Hon'ble Supreme Court and the High Court. As such, the writ petition is liable to be dismissed, as the grievance raised in the petition is only for implementation of the Bye-laws, Rules, Orders and Notifications, which are being implemented in its true spirit.

Mr. M.P. Sarma, learned counsel for the petitioners, while placing a list of alleged illegalities carried out by some persons dealing in the meat business submits that there is an increase in the number of illegalities. Therefore, no proper implementation is being made by the respondent authorities.

I have considered the submissions of learned counsel for the parties and also perused the direction of the Hon'ble Supreme Court as well as the Division Bench of this High Court, passed in WP(C) No.309/2003 and in the PIL No.28/2017, dated 31.01.2018.

I have also perused the relevant Bye-laws, orders and notifications, issued by the respondent authorities.

The respondent authorities, particularly, the Gauhati Municipal Corporation issued a notification dated 01.01.2018, for regulation of slaughter of animals for Page No.# 5/7

supply of hygienic meat to the consumers, 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 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 slaughter house.

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."

Thereafter, an addendum was issued on 09.01.2018, which reads as under:

Page No.# 6/7

"OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION: GUWAHATI VETERINARY BRANCH:

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 30th January, 2018."

Having considered above notifications and the Division Bench of this Court in PIL (Supra) dated 31.01.2018, where it is directed the District Authorities to ensure that Notification is given effect to in letter and spirit and also made clear that any lapse on the part of authorities will be viewed seriously, although the learned counsel for the petitioners has strenuously submitted that the respondent authorities are not implementing the directions, orders, byelaws and notifications as well as on the perusal of the affidavit filed by the respondent authorities, this Court finds that the authorities have clearly indicated that the directions, bye-laws, orders are being implemented in its letter and spirit as it is stated that drives are being carried, seizures are being made and penalties are imposed, in accordance with the relevant rules.

Thus, I am of the view that no order is require to be passed over and above the directions of the Hon'ble Supreme Court as well as the Division Bench Page No.# 7/7

of this High Court, as the same are being implemented by the respondent authorities.

Having regard to the last prayer of the petitioner that the petitioners be exempted from carrying out the business within the slaughter house as that of the persons who are carrying out meat business illegally outside the slaughter house, contrary to the Rules, I am constrained to observe that the prayer of the petitioner cannot be granted as it is clearly hit by the principle of approbate and reprobate. That apart, there is no concept of negative equality is envisaged under Article 14 of the Constitution of India. Therefore, prayer is out-rightly rejected.

This Court hope and trust that the respondent authorities would continue to implement the relevant bye-laws or its applications or direction of the Hon'ble Supreme Court and this Court in its letter and spirit.