LAWS(BOM)-2021-7-23

JIV MAITRI TRUST Vs. STATE OF MAHARASHTRA

Decided On July 20, 2021
Jiv Maitri Trust Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Order dated 15th July 2021 issued by the Commissioner of Bhiwandi Nizampur City Municipal Corporation, permitting 38 temporary slaughter houses to be functional for the purpose of slaughtering of animals on the occasion of BakriEid, between 21st and 23 rd July 2021, is under challenge in this PIL petition.

(2.) We have heard Mr.Raju Gupta, learned advocate for the petitioner and Mr.Bubna, learned advocate for the Corporation.

(3.) It is gathered from the submissions of the parties that these temporary slaughter houses are not recognized/ licenced as per law and, therefore, the arrangement sought to be worked out by the Commissioner is in the teeth of not only Rule 3(1) of the Prevention of Cruelty to Animals (Slaughter House) Rules, 2001 and other legislation as referred to in the petition but also the decision of the Supreme Court reported in (2013) 10 SCC 227 (Laxmi Narain Modi vs. Union of India and Ors.) as well as a Division Bench order of this Court dated 25th July 2017 in Writ Petition 1394 of 2014 (All Maharashtra Khatik Association and Public Trust vs. Municipal Corporation of Greater Mumbai and Anr.).