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2017 Supreme(Chh) 623

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J.
Hazi Sahbuddin Quresi - Petitioner
Versus
Municipal Corporation Raipur, Through the Commissioner and Others – Respondents
Writ Petition (C) No.118 of 2017
Decided On : 23-08-2017

Advocates Appeared:
For the Petitioner:Mr. Kishore Bhaduri, Advocate.
For the Respondent:Mr. Pankaj Agrawal, Advocate, Mr. Sudhir Kumar Bajpai, Advocate.
For the State :Mr. Arun Sao, Deputy Advocate General.

Headnote:

Chhattisgarh Municipal Corporation Act, 1956 - Section 257 and 258 - Constitution of India,1950 - Article 19(1)(g) - Deserves to be quashed - This petition is mainly directed against impugned order of Chhattisgarh Environment Conservation Board by which the slaughter house run by the Municipal Corporation has been directed to be closed - Municipal Corporation Raipur has established slaughter house in year under provisions contained - Petitioner would submit that Municipal Corporation had established a slaughter house in year and established a place for slaughter of animals for sale and accordingly distributed license to meat sellers for sale of meat and others and since then it is being used regularly but suddenly in May Municipal Corporation has shut down slaughter house without notice to any member or petitioner Association and without showing any cause contending that in absence of permission from Pollution Control Board slaughter house cannot be permitted to run and as such, abruptly and suddenly closure of slaughter house by respondent Board is in violation of their constitutional right guaranteed - Held, Impugned non-establishment of new slaughterhouse after closure of old slaughterhouse has affected rights of the petitioner Association and its members thereof to carry on their trade and business in meat which is violative of their fundamental right to carry-on trade and business guaranteed under Article 19(1)(g) of Constitution of India as they are dependent on the running of slaughterhouse for their livelihood - It is directed that Collector will allot land to Municipal Corporation, Raipur for said purpose as has been said Deputy Advocate General within three weeks from of receipt of a copy of this order and thereafter Corporation will establish slaughterhouse as statutorily mandated under Section 257 of Chhattisgarh Municipal Corporation Act, 1956 and thereafter Chhattisgarh Environment Conservation Board/other competent authority will also grant necessary permission/license for running of slaughterhouse in accordance with law - Writ Petition disposed of

ORDER :

1. Right to life includes right to livelihood, which has illuminatingly been highlighted by Y.V. Chandrachud, CJ, speaking for the Supreme Court, in the matter of Olga Tellis and others v. Bombay Municipal Corporation and others, (1985) 3 SCC 545 in the following manner: -

“... An equally important facet of that right is the right to livelihood because, no person can live without the means of living, that is, the means of livelihood. If the right to livelihood is not treated as a part of the constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation. ... Deprive a person of his right to livelihood and you shall have deprived him of his life. ...”

2. The above-stated statement of law applies to the facts of the present case as under: -

(2.1) This petition is mainly directed against the impugned order of the Chhattisgarh Environment Conservation Board, Raipur (as well as the consequential order of the Municipal Corporation, Raipur), by which the slaughter house run by the Municipal Corporation has been directed to be closed.

(2.2) The Municipal Corporation, Raipur has established slaughter house in the year 1962 under the provisions contained in Sections 257 and 258 of the Chhattisgarh Municipal Corporation Act, 1956 at Sanjay Nagar, Tikrapara, Raipur.

3. Mr. Kishore Bhaduri, learned counsel for the petitioner, would submit that the Municipal Corporation, Raipur, had established a slaughter house in the year 1962 and established a place for slaughter of animals for sale and accordingly, distributed license to meat sellers for sale of meat and others and since then, it is being used regularly, but suddenly in May, 2016, the Municipal Corporation has shut down the slaughter house without notice to any member or the petitioner Association and without showing any cause contending that in absence of permission from the Pollution Control Board, the slaughter house cannot be permitted to run and as such, abruptly and suddenly, closure of slaughter house by the respondent Board is in violation of their constitutional right guaranteed under Article 19(1)(g) of the Constitution of India. Therefore, the impugned order passed by the respondent No.3 Board deserves to be quashed.

4. Mr. Pankaj Agrawal, learned counsel appearing for the Municipal Corporation, would submit that the Municipal Corporation established such a slaughter house in the year 1962 and no objection is required for continuance of slaughter house as it is duly and regularly maintained, and air pollution and water pollution are being controlled effectively. He would further submit that since it is a residential area, the Board has not granted any consent/permission under the relevant provisions under various Acts regulating water and air pollution, therefore, it has been closed. He would also point out that proposal for renewal has been rejected by order dated 21-7-2015 and alternative place has been selected at Village Sondongri and requisite land has been requisitioned from the Collector, Raipur which is under consideration and for establishment of plant, the expression of interest has already been floated and entire process of establishing will be completed expeditiously.

5. Mr. Arun Sao, learned Deputy Advocate General, on instructions from the Collector, Raipur, would submit that the land as requisitioned by the Municipal Corporation for establishment of setting up of slaughter house will be granted to the Corporation at Village Sondongri within a month from today by giving advance possession.

6. Mr. Sudhir Kumar Bajpai, learned counsel appearing for respondent No.3 – Chhattisgarh Environment Conservation Board, would submit that pursuant to the direction of the Supreme Court in the matter of Laxmi Narain Modi v. Union of India and others, (2014) 2 SCC 417 a State Level Monitoring Committee has been constituted for the purpose as assigned by the Supreme Court and t










































































































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