The ownership of a carcass remains with the person in charge of the animal until it is abandoned by disposal or required disposal at places fixed under Section 154 of the Punjab Municipal Act, 1911.

1. Does the death of an animal cause ownership of its carcass vesting in the Municipal Committee, is the significant question which has cropped up in these two writ petitions C. W. P. Nos. 4572 and 5300 of 1985.

2. Six petitioners in one case and seventy-eight in the other are residents of Ferozepore town and claim to be owners of cattle kept for milch and draught purposes. They claim that whenever any animal of theirs dies, they cause disposal of its dead body by removal to a place one kilometre outside the municipal limits to be buried under the ground. The grouse of the petitioners is that the Municipal Committee on 26-3-1985 observed a sham public auction for disposal of the dead bodies of animals for the year 1985-86 declaring Kala respondent 3 as the highest bidder for Rs. 41,000/-. Since the auction was conducted by the Executive Officer of the Municipal Committee, the auction obviously was submitted to the latter for approval. The Committee turned down the proposal and did not approve the auction. The State Government, however, differed with the Committee and endorsed the view of the executive officer. The petitioners attempt in these petitions is to cut the auction at the very roots on the strength of S. 168 of the Punjab Municipal Act which reads as follows :-

"168. Disposal of dead animals. - (1) Whenever any animal in the charge of any person dies otherwise than by slaughter either for sale or for some religious purpose, the person in charge thereof shall within twenty four hours either - (a) convey the carcass to a place (if any) fixed by the committee under S.154 for the disposal of the dead bodies of animals or to any place at least one mile beyond the limits of the municipality; or

(b) give notice of the death to the committee whereupon the committee shall cause the carcass to be disposed of.

(2) In respect of the disposal of the dead body of an animal under Cl.(b) of sub-sec.(1), the committee may charge such fee as the committee may, by public notice, have prescribed.

(3) For the purposes of this section the word "animal" shall be deemed to mean all horned cattle, elephants, camels, horses, ponies, asses, mules, deer; sheep; goats, swine and other large animals.

(4) Any person bound to act in accordance with sub-sec.(1) of this section shall, if he fails so to act, be punishable with fine which may-extend to five hundred rupees."

This section figures in Chapter IX of the Punjab Municipal Act which is titled as "powers for sanitary and other purposes" S.154 to which reference is made in the said section is quoted hereafter :-

"154 Removal and deposit of offensive matters :-

The committee may fix places within or with the approval of the District Magistrate, beyond the limits of the municipality for the deposit of refuse, rubbish or offensive matter of any kind or for the disposal of the dead bodies of animals, and may by public notice give directions as to the time, manner and conditions at, in and under which such refuse, rubbish or offensive matter or dead bodies of animals may be removed along any street and deposited at such places."

3 A joint ruling of the two sections, but predominantly to discern the object and attainment of S. 168, discloses that a sensible Municipal Committee would normally fix a place for the disposal of dead bodies of animals and may by public notice give directions as to the time, manner and conditions at, in and under which such dead bodies of animals may be removed along any street and deposited at such places. These places, subject of course to the approval of the District Magistrate, can be within or without the municipal limits. Amongst other matters, directions can include that while removing dead bodies of animals what routes are to be observed, what timings and transport and by what means, covered or uncovered. All these matters have, as the title of the Chapter suggests, sanitation in view and other decencies and desirabilities. S.168, however, expresses the concer