STATE OF MAHARASHTRA MUNICIPAL CORPORATION OF GREATER BOMBAY Vs. HIMMATBHAI NARBHERAM RAO:NOOR MAHOMED MAHOBATKHAN D S KURLAWALA

JUDGEMENT

(1.) The High Court of Bombay has declared Section 372 (g) and a part of Section 385 of the Bombay Municipal Corporation Act 3 of 1888 as amended by Act of 14 of 1961 ultra vires because in their view these provisions infringe the guarantee of Art. 19 (1) (f) and (g) of the Constitution. The State of Maharashtra and the Municipal Corporation of Greater Bombay have appealed to this Court.

(2.) The first respondent in Appeal No. 1654 of 1966 is a society registered under the Societies Registration Act 1860, and carries on, within the limits of Greater Bombay, the business of skinning carcasses of dead animals and utilising the products for industrial uses. The second respondent is an owner of a stable of milch-cattle at Andheri within the limits of Greater Bombay. By Act 14 of 1961 the Legislature of the State of Maharashtra amended, amongst others, Sections 367, 372 and 385 of Act 3 of 1888 enacting that an owner of the carcass of a dead animal shall deposit it at the place appointed in that behalf by the Corporation, and entrusted the Corporation with power to arrange for disposal of the carcasses. On October 1961 the Assistant Head Supervisor of the Municipal Corporation called upon the first respondent to stop removing carcasses from the "K" Ward of the Corporation. On November 27, 1961, the Corporation published a notification inviting the attention of the public concerned to the provisions of Section 385 and other provisions of the Act and warned the persons concerned that violation of the provisions was liable to be published. On January 10, 1962, the Corporation resolved to grant a contract authorising removal and disposal of carcasses under Section 385 of the Act in respect of Wards, H, K, L, M, E, P, B, and T to the Harijan Workmen's Co-operative Labour Society Ltd., and declared that no other person or agency was authorised to remove and dispose of carcasses under the provisions of Section 385 of the Act.

(3.) Respondents No. 1 and 2 to this appeal moved a petition in the High Court of Bombay for an order cancelling or setting aside the notice dated October 14, 1961; and the notification dated November 27, 1961; for an order restraining the Corporation from demanding fee for removal of such carcasses, from taking any steps or proceedings against the respondents for enforcement of the provisions of Sections 366, 367 (c), 372 (g) and 385 of the Act and from claiming ownership in the carcasses of the dead animals of private owners. The State of Maharashtra was later impleaded as a party-respondent to the petition.