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1992 Supreme(Cal) 133
High Court Of Calcutta
Khwaja Mohammad Yusuf
MOHAMMAD RUSTOM ALI - Appellant
Versus
ADMINISTRATOR, CORPORATION OF Calcutta - Respondent
Constitutional Writ Jurisdiction 8422 Of 1981
Decided On : 03/27/1992
DIPTI BHATTACHARYA, Durga Dass Roy, RAJAT KUMAR BASU, RANABIJOY BHATTACHARYA
The impugned Circular No. 76 of 1980-81 dated 23rd March, 1981 revising the fees and charges in the Municipal Slaughter Houses of the Corporation of Calcutta with effect from 1st April, 1981 is sustainable in law and is legal and valid.
Headnote:
CALCUTTA MUNICIPAL ACT - SECTIONS 445, 446, 451, 456, 457, 527 (46) - BYE-LAWS UNDER SECTION 527 (46) - CLAUSES 9 AND 10 - CIRCULAR NO. 76 OF 1980-81 - REVISION OF FEES AND CHARGES IN MUNICIPAL SLAUGHTER HOUSES - LEGALITY - CHALLENGED. Held, that the impugned Circular No. 76 of 1980-81 dated 23rd March, 1981 revising the fees and charges in the Municipal Slaughter Houses of the Corporation of Calcutta with effect from 1st April, 1981 is sustainable in law and is legal and valid.
Fact of the Case:
The Calcutta Municipal Act, 1951 governs the two writ petitions filed by more than 200 butchers carrying on business by slaughtering cows, bullocks and buffaloes at the Tangra Slaughter House set up by the Calcutta Corporation. The petitioners contended that the Corporation had been realizing Rs. 50/- for the grant of written permission for the right to slaughtering cows and buffaloes at the Tangra Slaughter House and the Corporation realizes slaughtering fees as follows:- Rs. 7/- for each buffalo and Rs. 6/- for each cow or bullock. Apart from this, Rs. 2/- is charged for stallage. The petitioners pointed out to the Bye-laws under section 527 (46) of the Calcutta Municipal Act, 1951 to establish their case. The petitioners have set their claim on Clauses 9 and 10 of the Bye-laws. It is stated that although the Bye-laws provide for the supply of adequate food and water to animals under Clause 10 thereof but the authorities failed to provide such, amenities of adequate food and water. The doctrine of quid pro quo is denied to the petitioners. The petitioners have challenged the legality of the Circular No. 76 of 1980-81 dated 23rd March, 1981 issued by the Secretary of the Corporation in form of Notice by which the rates of Licensed permit as well as the slaughter fees, etc. were revised and upgraded with effect from 1st April, 1981. The permit fee went up from Rs. 50.00 to Rs. 75.00, the slaughtering fee for buffalo from Rs. 7.00 to Rs. 10.00 and cow or bullock from Rs. 6.00 to Rs. 9.00. It is contended that the revision of fees and charges are arbitrary made without proper sanction of the State Government and that in no slaughter house in West Bengal, except Slaughter House under the Calcutta Corporation, such enhancement has been made. The allegations are that the Corporation failed to make proper and adequate arrangement for providing food and water to the animals and as such cannot increase the fees without suitably improving the service as required under the law and as such the arbitrary revision of fees and charges by the Calcutta Corporation infringes Article 19 (1) (f) of the Constitution. According to the petitioners it also offends Articles 14 and 265 of the Constitution as no due regard has been shown to the doctrine of quid pro quo. As such it is prayed that Annexure 'd' relating to the increase of fees and charges be declared as ultra vires of Articles 14 and 265 of the Constitution and also to quash the same.
Finding of the Court:
The court held that the revision of fees was necessitated after a long time because of the services rendered by way of adequate water supply, lightening arrangement, service of veterinary Surgeon and proper maintenance of sheds as well as of the Tangra Slaughter House. According to the Corporation there has been a significant increase in expenditure for proper maintenance of slaughter-house, its sanitation, cleaning facilities as compared to pre-1981 expenses. The court also held that the impugned Circular No. 76 of 1980-81 dated 23rd March, 1981 revising the fees and charges in the Municipal Slaughter Houses of the Corporation of Calcutta with effect from 1st April, 1981 is sustainable in law and is legal and valid.
Issues: 1. Whether the revision of fees and charges in the Municipal Slaughter Houses of the Corporation of Calcutta with effect from 1st April, 1981 is sustainable in law? 2. Whether the impugned Circular No. 76 of 1980-81 dated 23rd March, 1981 is legal and valid?
Ratio Decidendi: 1. The court held that the revision of fees was necessitated after a long time because of the services rendered by way of adequate water supply, lightening arrangement, service of veterinary Surgeon and proper maintenance of sheds as well as of the Tangra Slaughter House. According to the Corporation there has been a significant increase in expenditure for proper maintenance of slaughter-house, its sanitation, cleaning facilities as compared to pre-1981 expenses. 2. The court also held that the impugned Circular No. 76 of 1980-81 dated 23rd March, 1981 revising the fees and charges in the Municipal Slaughter Houses of the Corporation of Calcutta with effect from 1st April, 1981 is sustainable in law and is legal and valid.
Final Decision: Both the writ petitions fail and stand dismissed without costs. All interim orders are vacated. But it is directed that the Corporation shall charge the arrears of enhanced fees and charges w. e. f. 1st. April, 1981 to 31st March, 1992 from the petitioners in 8 (eight) equal annual instalments commencing from 1st April, 1992.
( 1 ) BOTH the writ application were heard together and are disposed of this judgement.
( 2 ) MORE than 200 butchers moved the two writ petitions. Their contentions are identical as well as the prayers. Thy petitioners are carrying on business by slaughtering cows, bullocks and buffaloes at the Tangra Slaughter House set up by the Calcutta Corporation. The two matters are governed by the Calcutta Municipal Act, 1951. The petitioners have permits as required under the law and used to pay Rs. 50/- for the same and the slaughtering charge for the cattle. The petitioners' case is that sections 445, 446, 451, 456 and 457 are, among others, relevant to the case, The Administrator of the Calcutta Corporation has been made a party-respondent because the Corporation was superseded in 1972. The actual grievance of the petitioners is that the Corporation has been realising Rs. 50/- for the grant of written permission for the right to slaughtering cows and buffaloes at the Tangra Slaughter House and the Corporation realises slaughtering fees as follows:- Rs. 7/- for each buffalo and Rs. 6/- for each cow or bullock. Apart from this, Rs. 2/- is charged for stallage. The petitioners have pointed out to the Bye-laws under section 527 (46) of the Calcutta Municipal Act, 1951 to establish their case. The petitioners have set their claim on Clauses 9 and 10 of the Bye-laws. It is stated that although the Bye-laws provide for the supply of adequate food and water to animals under Clause 10 thereof but the authorities failed to provide such, amenities of adequate food and water. The doctrine of quid pro quo is denied to the petitioners. The petitioners have challenged the legality of the Circular No. 76 of 1980-81 dated 23rd March, 1981 issued by the Secretary of the Corporation in form of Notice by which the rates of Licensed permit as well as the slaughter fees, etc. were revised and upgraded with effect from 1st April, 1981. The permit fee went up from Rs. 50. 00 to Rs. 75. 00, the slaughtering fee for buffalo from Rs. 7. 00 to Rs. 10. 00 and cow or bullock from Rs. 6. 00 to Rs. 9. 00. It is contended that the revision of fees and charges are arbitrary made without proper sanction of the State Government and that in no slaughter house in West Bengal, except Slaughter House under the Calcutta Corporation, such enhancement has been made. The allegations are that the Corporation failed to make proper and adequate arrangement for providing food and water to the animals and as such cannot increase the fees without suitably improving the service as required under the law and as such the arbitrary revision of fees and charges by the Calcutta Corporation infringes Article 19 (1) (f) of the Constitution. According to the petitioners it also offends Articles 14 and 265 of the Constitution as no due regard has been shown to the doctrine of quid pro quo. As such it is prayed that Annexure 'd' relating to the increase of fees and charges be declared as ultra vires of Articles 14 and 265 of the Constitution and also to quash the same.
( 3 ) THE Corporation of Calcutta defended the case by filing the Affidavit-in-Opposition affirmed by the Superintendent of the Slaughter House. It is stated that the Corporation was empowered to grant licence to persons under the Calcutta Municipal Act, 1951 for the purpose of slaughtering animals for human food or for the purpose of skinning, cutting up and cleaning carcasses of animals as slaughtered therein or purchasing meat, heads or offal. The Corporation is entitled to charge fees at rates fixed from time to time for slaughter of cows, buffaloes, sheep's and goats at the said Slaughter House the Corporation is entitled under section 527 (46) of the Act to frame Bye laws for the purpose of regulating the use of Municipal Slaughter House Calcutta. By Notification dated 9th September, 1957 published in the Calcutta Gazette dated 19th September, 1957 the Governor in exercise of powers vested under section
