MOHAMMAD ISHAQ ABDUL HAMID Vs. ZILA PARISHAD

JUDGEMENT

(1.) THE petitioners M/s. Mohammad Ishaq Abdul Hamid have filed this petition praying for a writ of mandamus commanding the respondents not to interfere with their business of cattle fair and in parking the vehicles of the Transporters on their land on the basis of the bye-laws framed by the Zila Parishad and also to restrain them from charging any fee from them or from the Transporters for loading and unloading of cattle and other animals in the fair area. In substance, the challenge in the petition is to the validity of the bye-laws framed by the Zila Parishad, Meerut and published in the Official Gazette dated 4-3-1989 on the plea that the same were beyond its jurisdiction apart from being illegal, unjust and arbitrary.

(2.) TO undersand the controversy, a look at the background facts may help. The petitioners claimed to be the owners of the land on which, it is alleged, they have been holding a weekly cattle fair since 1938. The said land is about 4 kms. outside the Municipal limits of Nagar Palika. Sardhana and 18 kms. away from the Municipal Corporation, Meerut and is situtte by the side of the P. W. D. road linking Meerut and Sardhana. The allegation further is that cattle ere brought to the fair site by the owners of the cattle for sale which are transported in Trucks and other kind of Transport vehicles. The cattle are then unloaded in the fair area and are open for sale. After the transactions are over, the vehicles are again hred either by the purchasers to carry the cattle to their destination or some times by the sellers who carry their unsold cattle back to their destination. The entire business of sale and purchase of cattle takes place within the limits of the cattle fair area and the transport vehicles are also loaded and unloaded within its limits. The assertion is that the Zila Parishad. Meerut does not render any kind of service directly or indirectly in the running of the fair or for the facility of cattle owners or of the transporters in any way. On the other hand, the platforms for loading and unloading the cattle and facility for parking of the vehicles etc. are also provided by the petitioners themselves.

(3.) SO far as the question of jurisdiction to frame bye-laws is concerned, the contention has no force. Section 239 of the U. P. Rsbetra Samiti and Zila Parishad Adhiniyam, 1961, hereinafter 'Zila Parishad Act' for short empowers the Parishad to make bye-laws for its own purpose in respect of matters required by this Act to be governed by the bye-laws and also for the purpose of promoting or maintaining the health, safety and convenience of the inhabitants of the Rural area of the District. in addition sub-clause (2) of the section also empowers the Parishad to make any bye-laws in respect of items mentioned in the list given in the section. Although in the counter- affidavit the stand taken is that these bye-laws are within the jurisdiction of the Zila Parishad under section 239 (1) and 239 (2) (D), (F) (a) and (e) and (H) (a), but in our opinion the matter does not fall either under the head (D) or under head (H) (a) of section 239. The relevant provision may be under (H) (1) which provides as under : "Regulating fairs, cattle markets............ held under the authority of a Parishad ............ to which the public is allowed access." (F) (a) and (e) are also relevant for this purpose and may be quoted below :