Case Note & Summary
The petitioner, AlMillat Muslim Welfare Society, a registered society, filed a writ petition seeking a direction to the respondent authorities to grant a licence for a slaughter house on land survey number 22/5, PH No. 19, mouza Ajni, tahsil Kamptee, District Nagpur, under Section 268 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (1965 Act). The petitioner had applied for building permission to Gram Panchayat, Ajni (respondent no. 3), within whose area the slaughter house was to be located, and claimed deemed sanction under Section 52 of the Bombay Village Panchayats Act, 1958 (1958 Act). The petitioner argued that the Municipal Council, Kamptee (respondent no. 1) was obliged to grant the licence under Section 268 of the 1965 Act. The respondents opposed the petition, contending that the Municipal Council could not encroach upon the powers of the Gram Panchayat under the 1958 Act. The Court examined the relevant provisions and noted that the Gram Panchayat, Ajni had been added as a respondent by amendment. The Court observed that the question of deemed sanction from the Gram Panchayat was not squarely raised in the writ petition. The Court held that the Municipal Council, Kamptee had no territorial jurisdiction to grant a licence for a slaughter house located within the area of Gram Panchayat, Ajni. Consequently, the relief sought by the petitioner was beyond the power of the Municipal Council. The Court dismissed the petition, leaving the petitioner to pursue appropriate remedies before the Gram Panchayat or other competent authorities.
Headnote
A) Municipal Law - Territorial Jurisdiction - Slaughter House Licence - Section 268 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The petitioner sought a direction to the Municipal Council to grant a licence for a slaughter house on land situated within the Gram Panchayat area. The Court held that the Municipal Council has no jurisdiction to grant a licence for a slaughter house located outside its territorial limits. The petition was dismissed as the relief sought was beyond the power of the Municipal Council. (Paras 1-7) B) Village Panchayat Law - Deemed Sanction - Section 52 of Bombay Village Panchayats Act, 1958 - The petitioner claimed deemed sanction for construction from the Gram Panchayat. The Court noted that this issue was not squarely raised in the petition and declined to adjudicate it. (Para 6)
Issue of Consideration
Whether the Municipal Council, Kamptee can grant a licence under Section 268 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 for a slaughter house located within the jurisdiction of Gram Panchayat, Ajni.
Final Decision
The petition is dismissed. The petitioner is at liberty to pursue appropriate remedies before the Gram Panchayat or other competent authorities.
Law Points
- Territorial jurisdiction of Municipal Council
- Deemed sanction under Section 52 of Bombay Village Panchayats Act
- 1958
- Scope of Section 268 of Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965
