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2002 Supreme(MP) 429

DIPAK MISRA, UMA NATH SINGH
MANOHAR SINGH MARWAHA – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
MANOJ SHARMA, R.N.Singh, R.P.AGRAWAL, R.S.JHA

UMA NATH SINGH, J.

( 1 ) THE petitioners, owners of Dairy farms in the gwarighat area of Jabalpur have called in question the validity of the notification dt. 19-3-1999 issued by the Municipal Corporation, Jabalpur in excercise of powers vested under Clause 19 (1) (b) of Municipal Corporation, Jabalpur Pashu (Niyantran) Adesh, 1978 towards the implementation of the resolution No. 70 dt. 21-10-1997 passed by the standing committee thereof, which was incompetent to do so. By the impugned notification a complete ban was imposed on carrying out dairy farming in two villages, namely, Gwarighat and Lalpur which were earlier exempted from being out of bounds for keeping cattles. In its hind-sight, the resolution No. 70 dated 21-10-97 was passed by the standing committee of Municipal Corporation Jabalpur for shifting all dairies by the end of 1997 from city area to out-skirits of the township, with a view to protect the residents against any health hazards as also to keep the city clean and absolutely free from water pollution, feared to be more likely on account of the region being prone to frequent earthquakes and location of the dairy farms also being in close proximity of water pipe li


















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