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2005 Supreme(SC) 1659
SUPREME COURT OF INDIA
N. Santosh Hegde, S.B. Sinha, A.K. Mathur, JJ.
Buffalo Traders Welfare Asson. - Appellants
Versus
U.O.I. & Ors. - Respondents
I.A. No. 22 and 27 in Civil Appeal No. 3769 of 1996
Decided On : 28-03-2005
For the Petitioners:Mr. Jayant Bhushan, Sr. Adv., Mr. P.H. Parekh, Mr. Rohit Alex, Mr. Rajiv Mishra, Mr. B.B. Bhatia, Ms. Iti Sharma, M/s. P.H. Parekh & Co., Ms. Rekha Pandey, Ms. Anil Katiyar, Advocates
For the Respondents:Mr. G.E. Vahanvati, SG., Advocate
For the Urban Development Ministry, UOI :Mrs. Rekha Pandey, Mr. Devadatt Kamat, Mrs. Anil Katiyar, Advocates
For the Defence :Mrs. Anil Katiyar, Mr. K.C. Dua, Mr. M.C. Mehta, Mr. Sushil Kumar Jain, Mr. A.P. Dhamija, Ms. Ruchi Kohli, Mr. Ram Niwas, Mr. Sarad Singhania, Mr. H.D. Thanvi, Ms. Binu Tamta, Mr. Hardeep Singh Anand, Ms. Chitra Markandaya, Advocates.
For the DDA :Mr. V.B. Saharya, M/s. Saharya & Co., Mr. S.A. Syed, Advocates
For the CPCB :Mr. Vijay Panjwani, Mr. Goodwill Indeevar, Mr. K.R. Rajasekaran Pillai, Mr. Shrish Kumar Misra, Mr. Ashok K. Srivastava, Advocates
For the MCD :Mr. Sanjiv Sen, Mr. Rajan Narain, Mr. Prashant Chaudhary, Mr. Sunil Gupta, AAG., Mr. S. Wasim A. Qadri, Advocates
For the U.P. :Mr. Kamlendra Mishra, Mr. Rajeev Kumar Dubey, Mohd. Saud, Advocates
For the NCRPB :Mrs. Sheil Mohini Sethi, Mrs. Seema Midha, Advocates
For the In IA 18/for intervenor :Mr. Sakesh Kumar, Mr. Satish K. Agnihotri, Advocates
The court has the authority to direct the Municipal Corporation to take necessary steps to prevent illegal activities causing public nuisance.
Headnote:
Illegal Slaughtering - Public Nuisance - The court directed the Municipal Corporation of Delhi (MCD) to take necessary steps to prevent illegal slaughtering and tanning activities in the Idgah area, addressing the inconvenience caused to the local people.
Fact of the Case:
The MCD filed an affidavit detailing steps taken to prevent inconvenience caused by illegal slaughtering and tanning activities in the Idgah area. However, respondents claimed that illegal activities were continuing unabated, causing great inconvenience to the local people.
Finding of the Court:
The court directed the MCD to file an affidavit detailing steps taken to prevent illegal slaughtering and tanning within a week. Two applications related to the matter were also listed for orders on a later date.
Issues: Illegal slaughtering and tanning activities causing inconvenience to local people, MCD's responsibility to prevent such activities, and the need for court intervention.
Ratio Decidendi: The court found that despite the MCD's submissions, illegal activities were continuing, and therefore directed the MCD to take necessary steps to prevent such activities and approach the concerned police authorities if needed.
Final Decision: The final decision was to direct the MCD to file an affidavit detailing steps taken to prevent illegal slaughtering and tanning within a week, and to list two related applications for orders on a later date.
ORDER :
1. Pursuant to the order of this Court dated 4.2.2005 the MCD has filed an affidavit detailing the steps taken by it to prevent inconvenience to the people of the locality living in the Idgah area because of the slaughtering and other connected activities in that area. However, on behalf of these respondents it is submitted that a large scale illegal slaughtering and tanning in the area is continuing unabated which is creating great inconvenience to the local people and no steps are being taken to prevent the illegal slaughtering and tanning. Mr. Mukul Rohtagi, learned senior counsel, appearing for the MCD submitted that he will get necessary instructions from MCD and will also take steps to prevent such illegal activities, if need MCD will approach the concerned police authorities. We direct that MCD will file an affidavit detailing steps taken to prevent illegal slaughtering and tanning within a week from today.
2. Two applications filed by Mohd. Tahir Siddiqui, learned counsel and M/s.Sheep and Goats Commission Agents Association, Delhi also be listed for orders on 8th April, 2005. In the meantime objections to these applications may be filed.
