G.K.MITTER, J.C.SHAH, A.N.GROVER, K.S.HEGDE
State Of Maharashtra: Municipal Corporation Of Greater Bombay – Appellant
Versus
Himmatbhai Narbheram Rao: Noor Mahomed Mahobatkhan, D. S. Kurlawala – Respondent
The issues in this case primarily revolve around the constitutional validity of certain provisions of the Bombay Municipal Corporation Act, as amended, which regulate the removal, disposal, and ownership of carcasses of dead animals within Greater Bombay. The key issues include:
Whether the restrictions imposed by the legislation on the right of property owners and businesses involved in the disposal of carcasses are reasonable and thus constitutionally valid under the provisions protecting the right to property and the right to carry on a lawful occupation or trade (!) (!) .
Whether the law's requirement that carcasses be deposited at designated places, resulting in the extinguishment of ownership rights in the carcass, constitutes an unreasonable restriction on the fundamental rights of property owners and traders (!) (!) .
Whether the provisions infringe upon the rights guaranteed under Articles 19 and 31 of the Constitution, particularly the rights to property, to carry on trade or business, and the right to acquire, hold, and dispose of property (!) (!) .
Whether the law's scheme, which involves the transfer of ownership of carcasses to the municipal authority and imposes fees for removal, is justified as a reasonable restriction in the interest of public health and safety, or whether it oversteps the bounds of constitutional reasonableness (!) (!) .
Whether the law's provisions, which restrict the owner’s ability to sell carcasses and impose expenses for their removal, are necessary for public health and do not constitute arbitrary or excessive limitations (!) (!) .
Whether the restrictions on the business activities of traders involved in carcass disposal, including contracts given to rivals, are reasonable and do not unjustly impede lawful trade, considering the overarching goal of public health (!) (!) .
Whether the law adequately balances public health interests with individual property rights and trade freedoms, and whether the restrictions are proportionate and justified in the circumstances (!) (!) .
In summary, the core issues concern the legality and reasonableness of the restrictions imposed by the legislation on property rights and trade, in the context of safeguarding public health and preventing nuisances, and whether these restrictions are compatible with constitutional protections.
Judgment
SHAH, J. :- The High Court of Bombay has declared Section 372 (g) and a part of Section 385 of the Bombay Municipal Corporation Act 3 of 1888 as amended by Act of 14 of 1961 ultra vires because in their view these provisions infringe the guarantee of Art. 19 (1) (f) and (g) of the Constitution. The State of Maharashtra and the Municipal Corporation of Greater Bombay have appealed to this Court.
2. The first respondent in Appeal No. 1654 of 1966 is a society registered under the Societies Registration Act 1860, and carries on, within the limits of Greater Bombay, the business of skinning carcasses of dead animals and utilising the products for industrial uses. The second respondent is an owner of a stable of milch-cattle at Andheri within the limits of Greater Bombay. By Act 14 of 1961 the Legislature of the State of Maharashtra amended, amongst others, Sections 367, 372 and 385 of Act 3 of 1888 enacting that an owner of the carcass of a dead animal shall deposit it at the place appointed in that behalf by the Corporation, and entrusted the Corporation with power to arrange for disposal of the carcasses. On October 1961 the Assistant Head Supervisor of the Municipal Corporati
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