High Court Says Uttarkashi's Ban On "Meat Shops" Within 500 Metres Of River "Ganga" In Line With Constitutional Scheme

The Uttarakhand High Court has expressed consonance with a bye-law of Zila Panchayat, Uttarkashi, to the effect that no shop for butchering animals and selling meat within 500 metres from the bank of river Ganga shall be permitted.The bench of Justice Sanjaya Kumar Mishra said that keeping in view the "special status" of Uttarakhand and the river Ganga that emerges from District Uttarkashi and the sanctity attached with the river Ganga by majority of population of Uttarakhand, the decision taken by the Zila Panchayat by making the said bye-laws is in line with the scheme of Constitution of India, as envisaged in Part IX. It ruled that the District Magistrate had not committed any error in not issuing a no objection certificate to the petitioner to run a mutton shop, at a premises situated at 105 metres distance from the bank of Ganga.The petitioner was running a mutton shop since 2006 in a rented accommodation in his village, after getting a licence from the Zila Panchayat, although, as per the petitioner, licence was not required after enforcement of the Food Safety and Standards Act, 2006 ("FSS Act"). In the year 2012, he also obtained a license from the designated authority under the FSS Act. He then shifted his business on a different land. On 27.02.2016, Zila Panchayat, Uttarkashi issued a notice to the petitioner to shift his mutton shop - within 7 days - to another place, as his shop was situated 105 metres away from the bank of river Ganga, which was in violation of the existing by-laws. As per the by-laws, operation of mutton or chicken shop within 500 metres from the bank of river Ganga was prohibited. On 15.03.2016, petitioner, being aggrieved by the notice, preferred a Writ Petition, which was disposed of, in limine, giving him the opportunity to file his representation and with directions to the authorities to dispose of the same. The petitioner applied for a no objection certificate which was rejected by the District Magistrate. The said order was assailed in the present case. The petitioner submitted that the only ground of rejection of his representation was that his shop was situated 500 metres from River Ganga. The petitioner argued that, after passing of the FSS Act, the jurisdiction of the Zila Panchayat has ceased to operate and it is only the Designated Authority, under the FSS Act, which has authority to grant license or reject it. He prayed that the order be quashed and it be declared that FSS Act shall have overriding effect on the by-laws issued by the Zila Panchayat. The counsel for the State submitted that petitioner had been granted a license by the Designated Authority to run the shop at a particular place, but, after getting his license, he shifted his shop to a place which fell within 500 metres from the bank of Ganga. This, as per the respondents, was the reason that a no objection certificate was not granted to the petitioner. The order passed by District Magistrate did not have any infirmity or perversity and required no interference, the respondents argued. Respondents also submitted that, as per Section 106 (1) of the Uttarakhand Panchayati Raj Act, 2016, the Zila Panchayats have powers to make by-laws. Further, Article 243 (Part IX) of the Constitution of India provides for formation of Gram Sabha and Gram Panchayat. Article 243 G provides for the powers, authority and responsibilities of Panchayats. Article 243 G also provides that the legislature of a State, may by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government. Entry 4 in the Eleventh Schedule of the Constitution of India provides for animal husbandry, dairying and poultry. Entry 22 provides for markets and fairs. These provisions make it clear that Constitution recognises the Zila Panchayats as sovereign authorities, having powers to plan for economic development and social justice, as may be entrusted to them including those in relation to the matters listed in the Eleventh Schedule, the respondents argued. Thus, as far as markets, fairs, animal husbandry, dairying and poultry are concerned, the Zila Panchayat, as an institution of self-government. The Court found that the contention of the petitioner that, after passing of the FSS Act, the powers of Zila Panchayat ceased to operate with respect to food items, was incorrect. Since, the Zila Panchayats have been granted powers to act as institutions of self-government, the provisions made by Zila Panchayat have to be harmoniously constructed with the provisions of the FSS Act, the Court held. Dismissing the writ petition, the Court opined that no objection certificate is mandatory to be obtained from the Zila Panchayat or the District Magistrate in the present case. The Court further held that, keeping in view the special status of State of Uttarakhand and the river Ganga that emerges from...

High Court Says Uttarkashi's Ban On "Meat Shops" Within 500 Metres Of River "Ganga" In Line With Constitutional Scheme

EKTA RATHORE

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