MOHAMMAD SAHIM Vs. M.C.D. AND ANR.

JUDGEMENT

(1.) THE petitioner on 31st May, 2010 was granted a trade license by the respondent No. 1 MCD for carrying on the business of sale of buffalo meat at Shop No. 35 -A, Sector -5 in front of Madina Masjid, Sainik Enclave, Mohan Garden, Uttam Nagar, New Delhi -110059. The said license is valid upto 31st March, 2011. The grant of the said license is governed by the Guidelines framed by the MCD in this regard pursuant to the order of this Court in another writ petition. The Guidelines under the head "Requirement of Documents" inter alia prescribe "No Objection Certificate from law and order point of view to be obtained from Police Department by the applicant before grant of license for buffalo meat and pork shops". The license aforesaid was issued to the petitioner pursuant to the NOC dated 8th April, 2010 issued by the Office of Deputy Commissioner of Police, West District, New Delhi. It is stated in the said NOC that a survey of the area had been conducted; the area in which the shop is situated is a Muslim residential area; that according to the statements recorded there was no other religious place except a Masjid within 100 meters from the proposed buffalo meat shop and the proposed buffalo meat shop was convenient to the residents of the area.

(2.) THE SHO, P.S. Ranhola on 1st June, 2010 itself i.e. on the very next day of grant of license recommended to the Office of Deputy Commissioner of Police for closure of the said buffalo meat shop on the ground that some local residents of Hindu community had objected and complained against the same citing existence of a Hanuman temple. It is further stated in the said recommendation that a Hanuman temple is situated within 100 meters radius of the meat shop and there was strong opposition from the Hindu community in the area with respect to the said meat shop. The Deputy Commissioner of Police, West District, New Delhi on 1st June, 2010 itself forwarded the said recommendation to the Deputy Commissioner of the MCD. The MCD on the basis of the said recommendation, issued a show cause notice dated 12th June, 2010 to the petitioner for revoking the said license.

(3.) THOUGH the petitioner had not impleaded the Police Authorities in the present petition but vide order dated 2nd August, 2010, the Police Authorities were impleaded as a respondent. Counter affidavits have been filed by the MCD as well as the Police Authorities.