Back
2022 Supreme(UK) 275
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
SANJAYA KUMAR MISHRA, J.
Navid Qureshi – Petitioner
Versus
State of Uttarakhand and Others – Respondents
Writ Petition (MS) No. 2073 of 2016
Decided On : 20-07-2022
Advocate Appeared:
For the Petitioner: Jitendra Chaudhary.
For the Respondent: Yogesh Pandey.
The Zila Panchayat has the authority to make by-laws for regulating food safety activities in rural areas, including the location of meat shops, in accordance with the Constitution of India.
Headnote:
Food Safety and Standards Act - Zila Panchayat's By-laws - Section 106 (1) of the Uttarakhand Panchayati Raj Act, 2016 - Article 243G of the Constitution of India
Fact of the Case:
The petitioner, a mutton shop owner, sought relief from the court to quash an order by the District Magistrate, Uttarkashi, rejecting his application for a no objection certificate to run his shop within 500 meters from the bank of river Ganga. The petitioner argued that the Food Safety and Standards Act, 2006 should override the by-laws of the Zila Panchayat.
Finding of the Court:
The court found that the Zila Panchayat's by-laws prohibiting meat shops within 500 meters from the bank of river Ganga were in line with the Constitution of India, and the District Magistrate's decision to not issue a no objection certificate was justified.
Issues: The main issue was whether the Food Safety and Standards Act, 2006 should override the by-laws of the Zila Panchayat in regulating the location of meat shops.
Ratio Decidendi: The court held that while the FSS Act, 2006 grants authority to the designated authority to issue licenses, the Zila Panchayat, as an institution of self-government, has the power to make by-laws for regulating food safety activities in rural areas, including the location of meat shops.
Final Decision: The writ petition was dismissed, and it was ruled that any person running a meat shop in District Uttarkashi must obtain a no objection certificate from the Zila Panchayat and a license from the designated authority.
JUDGMENT :
SANJAYA KUMAR MISHRA, J.
1. By filing this writ petition, the petitioner has prayed for the following reliefs:
“(i) Issue a writ, order or direction in the nature of certiorari calling for the original record and pleased to quash the impugned order dated 08.06.2016 (Annexure-2) passed by the respondent no. 2 i.e. District Magistrate, Uttarakashi, District Uttarkashi.
(ii) Issue a writ, order or direction in the nature of Mandamus directing and commanding the respondents that they shall not interfere in the peaceful business activities i.e. in running the mutton shop in his house situated at the roadside of Gangotri National Highway without any valid reason.
(iii) Issue a writ, order or direction in the nature of Prohibition making declaration to the effect that after central enactment of the Food Safety and Standards Act, 2006 the bye-laws no. 3 framed by the respondent Zila Panchayat became illusionary and same are not applicable for the purpose of regulating food safety activities in rural area, therefore, no license from respondent Zila Panchayat is required to do business.”
2. The facts of the case, not disputed at this stage, are that petitioner is a resident of village Hina Gaon, Police Station-Maneri, District-Uttarkashi. His father was recorded tenure holder having bhumidhari land bearing Khasra Nos. 1555 and 15556, situated in the aforesaid village. He was running a mutton shop since 2006 in a rented accommodation in village-Hina Gaon, after getting license from Zila Panchayat. Though, according to him, license was not required after enforcement of Food Safety and Standards Act, 2006 (hereinafter referred to as “FSS Act 2006” for brevity). In the year 2012, he also obtained a license from the designated authority under the FSS Act, 2006. Till the year, 2015, he ran his shop at aforesaid rented premises and after construction of his own shop over the bhumidhari land, he shifted his business of butchering and selling mutton into it. On 27.02.2016, respondent no. 3-Zila Panchayat, Uttarkashi, through Additional Mukhya Adhikari, issued a notice to the petitioner to shift his mutton shop, within 7 days to another place, as his shop is situated 105 metre away from the bank of river Ganga, which is violative of the existing by-laws. As per the by-laws, operation of mutton/chicken shop within 500 metres from the bank of river Ganga is prohibited. On 15.03.2016, petitioner being aggrieved by the notice, preferred a Writ Petition (MS) No. 651 of 2016, which was disposed of, in limine, by this Court by giving opportunity to the petitioner to file a representation before the Authorities and with a direction to the Authorities to dispose of the same. Thereafter, on 09.05.2016, the petitioner served a copy of the aforesaid order on respondents no. 2 and 3 and prayed for issuance of license for the next financial year 2016-17 but the respondent no. 2-District Magistrate, Uttarkashi vide order dated 09.05.2016 rejected the representation of the petitioner on the basis of the Resolutions of meeting held on 04.05.2016.
Feeling aggrieved by the aforesaid order dated 09.05.2016 and minutes of meeting dated 04.05.2016, the petitioner preferred a Writ Petition (MS) No. 1383 of 2016 wherein respondents were directed to file counter affidavit within four weeks and the said writ petition is still pending. In the meantime, petitioner again represented before respondent no. 2-District Magistrate, Uttarkashi to grant him no objection certificate, which was again rejected. The said order of the learned District Magistrate, Uttarkashi is assailed in this writ petition.
3. Learned counsel for the petitioner would submit that the only ground on which his application for grant of no objection certificate has been rejected by the District Magistrate, Uttarakashi is that his shop is situated within 500 metre from the bank of river Ganga. According to the petitioner, after passing of the FSS Act, 2006, the jurisdiction of Zila Panchayat is ceased to
