S.B.SINHA, MARKANDEY KATJU
Nagar Nigam, Meerut – Appellant
Versus
Al Faheem Meat Exports Pvt. LTD. – Respondent
JUDGMENT
S.B. Sinha, J.—Leave granted.
2. Nagar Nigam Meerut is before us questioning the legality of a judgment and order dated 29th March, 2006 passed by a Division Bench of the Allahabad High Court in Civil Misc. Writ Petition No. 53782 of 2004. Appellant-Corporation is a local authority constituted under Uttar Pradesh Municipal Corporations Adhiniyam, 1959 (the Act). As a local authority, indisputably it has a large number of public duties and functions to perform; maintenance of slaughter house being one of them. Chapter XVI of the Act inter alia provides for regulation of slaughter houses. Sections 422 and 423 of the said Act, which are relevant for the purpose of this case are set out herein below:
“422. Municipal Commissioner’s powers in respect of Corporation markets and slaughterhouse etc.—Subject to the provision of this Act and the rule and bye-laws framed thereunder the Municipal Commissioner shall have the power– (a) upon being authorized by the Corporation in that behalf, to construct, purchase, take on lease or otherwise acquire any building or land for the purpose of establishing a Corporation market or a Corporation slaughter-house or stockyard within, and with th
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