Faijal Iqbalbhai Vahora vs State Of Gujarat
2023 Latest Caselaw 2169 Guj

   R/SCR.A/12281/2021                                ORDER DATED: 09/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CRIMINAL APPLICATION NO. 12281 of 2021
                            With
 CRIMINAL MISC.APPLICATION (FOR JOINING PARTY) NO. 1 of 2022
                             In
      R/SPECIAL CRIMINAL APPLICATION NO. 12281 of 2021
==========================================================

FAIJAL IQBALBHAI VAHORA Versus STATE OF GUJARAT ========================================================== Appearance:

MR BN LIMBACHIA(3454) for the Applicant(s) No. 1 NISHITH K JOSHI(9193) for the Applicant(s) No. 1

==========================================================

CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 09/03/2023

ORDER IN SPECIAL CRIMINAL APPLICATION NO.12281 OF 2021

1. This petition is filed under Article 226 of the

Constitution of India, seeking quashing of the

impugned order dated 03.12.2021 passed by Sub-

Divisional Magistrate, Kheda under Sections 133

and 138 of the Cr.P.C.

2. Heard learned advocates for the parties.

3. Learned Advocate Mr. B. N. Limbachia for the

petitioner submitted that the petitioner has

acquired all necessary permissions from

concerned competent authorities at the time of

R/SCR.A/12281/2021 ORDER DATED: 09/03/2023

starting the poultry farm. The Department of

Animal Husbandry issued necessary Certificate

at the relevant point of time. Time and again

the petitioner has raised issued as regards

non-cooperation of Gram Panchayat officials. He

also submitted that Gujarat Pollution Control

Board officials had made a visit to the poultry

farm of the petitioner and a report with regard

to the compliance with prescribed guidelines

had been prepared on dated 03.12.2021. He also

referred to the Environmental Guidelines for

Poultry Farms issued by the Central Pollution

Control Board, Ministry of Environment, Forest

and Climate Change, Government of India, to

support his submissions. He submitted that the

impugned orders passed by the respondent no.2

are unjust, perverse without application of

mind based on wrong facts and mala fide in

nature. He has prayed that present petition may

be allowed.

4. On the contrary, learned APP Mr.J. K. Shah for

R/SCR.A/12281/2021 ORDER DATED: 09/03/2023

the Respondent-State submitted that the

respondent no.2 has recorded that the said

poultry farm is running without obtaining prior

NOC issued by the Gujarat Pollution Control

Board. He also referred to letter at Annexure-G

to the petition, wherein it has been stated

that Momin Poultry Farm runs without the prior

sanction. He also submitted that business runs

by the petitioner has created tremendous public

nuisance and it is hazardous to the public

health and there is serious threat to the

public health. He also submitted that on

account of poultry farm the villagers are

facing serious local disturbances (i.e. odur,

flies and rodents) and landscape degradation

are typical local negative amenities in the

surroundings of poultry farm. He therefore

submitted that looking to the public health and

larger interest the impugned order is just and

legal and no interference by this Court is

called for.

R/SCR.A/12281/2021 ORDER DATED: 09/03/2023

5. Having heard the learned counsels for the

respective parties, considering the facts and

circumstances arising out of the present

petition as well as taking into consideration

the Environmental Guidelines of Poultry Farms,

it appears that respondent no.2 has passed an

order that prior sanction is necessary for the

business run by the petitioner and the

petitioner has challenged the legality and

validity of the order passed by respondent

no.2. The impugned order has been passed

considering the larger public interest as well

as health and safety of the villagers. That

without obtaining the prior approval of Gujarat

Pollution Control Board and other statutory

authorities, the petitioner is running his

business which causes serious local

disturbances like odour, flies and rodents and

landscape degradation are typical local

negative amenities in the surrounding of

poultry farms. It also appears that the

R/SCR.A/12281/2021 ORDER DATED: 09/03/2023

respondent no.2 has recorded that due to

poultry farm, there is chicke waste, manure and

chicken shavings, which is creating serious

health issues as pathogens and bred and rodents

and flies are increasing in the locality

resultantly affecting the public health.

6. In view of the above and for the reasons stated

above, present Special Criminal Application

fails and same deserves to be dismissed and it

is according dismissed. The impugned judgment

and order of dated 03.12.2021 passed by the

learned Sub Divisional Magistrate, Kheda is

hereby confirmed. The interim relief, granted

earlier, is extended for a period of 10 days

from today.

ORDER IN CRIMINAL MISC. APPLICATION NO.1 OF 2021

In view of the order dated 09.03.2023 passed in

main petition, present application does not

survive and accordingly stands disposed of.

(SAMIR J. DAVE,J) MEHUL B. TUVAR