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1991 Supreme(P&H) 535

JAWAHAR LAL GUPTA
Subash Chander – Appellant
Versus
State Of Haryana – Respondent


Judgment

1. These two writ petitions Nos. 3619 of 1985 and 979 of 1986 challenge the Haryana Municipal (Cow-Houses) Bye-Laws 1978 (hereinafter referred to as the Bye-laws) as also the imposition of the fee. The questions of fact and law being identical, these petitions shall be disposed of by a common order.

2. It would suffice to notice the facts in CWP No.3619 of 1985. The 169 petitioners are residents of Sonepat. Each one of them owns 3 to 35 cows or buffaloes and are engaged in the business of dairy. They claim to have been engaged in this business for the last many years. It is the case of the petitioners that the Municipal Committee, Sonepat (hereinafter referred to as the Committee) does not provide any facility by way of grazing grounds, a pond, or any other facility which may be of any use to the petitioners. On the contrary, the petitioners claim that their business is a source of revenue of the Committee in as much as the carcasses are sold by the Committee, as a result of which it earns about Rs. 80,000 / - to Rs. 1,00,000 / - per year.

3. The State of Haryana u/S.200 of the Haryana Municipal Act, 1973 (hereinafter referred to as the Act) framed the bye-laws providing in






















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