Case Note & Summary
The Bombay Suburban Khatik Association, an association of butchers and mutton vendors, filed a writ petition under Article 226 of the Constitution challenging a communication dated 20 July 1991 issued by the Municipal Corporation of Greater Mumbai (MCGM). Before 1973, slaughter of sheep and goats occurred in Bandra, but operations moved to the Deonar abattoir in 1973. Due to inefficiencies, the association persuaded the municipal authorities to permit slaughter at their licensed shops. On 6 April 1991, the MCGM granted permission to remove animals from Deonar and slaughter at chambers attached to shops, subject to various conditions. About 360 individual licenses were issued. Then on 20 July 1991, the MCGM revoked the permission, stating the grant was experimental and limited to three months, expiring 3 August 1991, with revocation effective 4 August 1991. The petitioner argued that the original grant letter contained no mention of an experimental or three-month limit, and the unilateral revocation without hearing was arbitrary, discriminatory, and violative of natural justice. The petitioner also referred to Sections 399 and 403 of the Mumbai Municipal Corporation Act, 1888, and the Slaughter House Rules 2001. The petition had been previously tagged with PIL No. 197 of 2014 (Ajay Marathe v. State of Maharashtra & Ors.) but was later separated. The petition had been dismissed for default at an earlier stage. The court heard arguments, dispensed with issuance of Rule, and reserved judgment on 20 September 2019, pronouncing it on 19 December 2019.
Issue of Consideration
WRIT PETITION NO. 2473 OF 1991
Case Details
2019 LawText (BOM) (12) 29
Writ Petition No. 2473 of 1991 with Notice of Motion No. 334 of 2018 and Chamber Summons (L) No. 130 of 2018
S.C. Dharmadhikari, J., G.S. Patel, J.
Vijay Sambhaji Kurle, Anil Y Sakhare, Joel Carlos, Vandana Mahadik
Bombay Suburban Khatik Association
The Municipal Corporation of Greater Bombay, The Municipal Commissioner, Jeevan Jagruti Trust
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Nature of Litigation
Writ petition under Article 226 challenging revocation of slaughter licenses granted under the Mumbai Municipal Corporation Act.
Remedy Sought
Quashing of letter dated 20 July 1991, restraining respondents from acting on it, and directing processing of fresh license applications.
Filing Reason
The Municipal Corporation revoked a prior permission to slaughter sheep and goats outside the Deonar abattoir, inducing a three-month experimental condition not originally communicated, without hearing the petitioners.
Previous Decisions
The petition was previously tagged with PIL No. 197 of 2014 (Ajay Marathe v State of Maharashtra & Ors) and later separated. The present petition had also been dismissed for default at an earlier stage.
Issues
Whether the impugned communication dated 20 July 1991 revoking the permission to slaughter animals outside Deonar abattoir is arbitrary, discriminatory and violative of natural justice?
Whether the Municipal Corporation could unilaterally add a condition of experimental three-month period?
Whether the petitioner's members are entitled to slaughter licenses under the MMC Act and Slaughter House Rules?
Submissions/Arguments
The original license grant of 6 April 1991 contained no mention of any experimental nature or a three-month limit; the unilateral addition of such condition and subsequent revocation without hearing is manifestly arbitrary, unfair, discriminatory, and violates principles of natural justice.
The petitioners have complied with all terms and conditions imposed, and there is no reason to abruptly discontinue the licenses.
The petitioners are not running illegal slaughter houses and are willing to abide by all conditions including hygiene and disposal; reference to Slaughter House Rules 2001 and Sections 399 and 403 of the Mumbai Municipal Corporation Act, 1888.
Judgment Excerpts
MUNICIPAL CORPORATION OF GREATER BOMBAY ... Sub.: Permission for removing the animals from Deonar Abattoir and to slaughter at the slaughtering chambers attached to the shops. Sir, ... the undersigned would like to inform you that D.N.C. (Z-V) is pleased to consider your request to allow the members of your association to remove sheep and goats from Deonar Abattoir and to get it slaughtered at the slaughtering chambers attached to their respective shops with immediate efect from 6.4.91 on the following terms and conditions. ... GENERAL MANAGER DEONAR ABATTOIR
MUNICIPAL CORPORATION OF GREATER BOMBAY ... Sub.: Permission for removing the animals from Deonar Abattoir and to slaughter at the slaughtering chambers attached to the shops. Sir, ... However, as per Municipal Commissioner’s recent orders, you are, hereby informed that the permission so granted on experimental basis is for a period of 3 months only i.e. upto 3.8.91. ... The said permission will, however, be revoked with efect from 4.8.91. ... GENERAL MANAGER DEONAR ABATTOIR
Procedural History
The writ petition was filed under Article 226. It was previously tagged with PIL No. 197 of 2014 (Ajay Marathe v State of Maharashtra & Ors) but was later separated. The court dispensed with issuance of Rule and took up the petition itself. The petition had earlier been dismissed for default. The matter was heard and judgment reserved on 20 September 2019, and pronounced on 19 December 2019.
Acts & Sections
- Mumbai Municipal Corporation Act, 1888: 399, 403
- Constitution of India: Article 226
- Societies Registration Act, 1860:
