AL-MILLAT MUSLIM WELFARE SOCIETY Vs. MUNICIPAL COUNCIL,

JUDGEMENT

(1.) Rule. Heard forthwith by consent of parties.

(2.) Petitioner, a Society, seeks relief of direction to respondent Authorities to grant licence in respect of a slaughter house on land survey number 22/5, PH No. 19, mouza Ajni, tahsil Kamptee, District Nagpur in accordance with the provisions of Section 268 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as the "1965 Act").

(3.) Mr Hussain, learned counsel appearing for petitioner submits that provisions of Section 268 of the 1965 Act empower respondent no. 1 Municipal Council to grant permission or licence for establishment of municipal slaughter house or a private slaughter house. He further states that petitioner had applied for building permission to Gram Panchayat, Ajni (respondent no. 3) within whose area such slaughter house is to come up. He submits that in view of provisions relating to deemed sanction contained under Section 52 of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as the "1958 Act"), petitioner is in position to raise slaughter house in that area. He, however, states that it must be licenced by Municipal Council and permitted by it as per the provisions of Section 268 of the 1965 Act. He takes support from the judgment in the case of Rajesh Jaywantrao Makode & ors v. State of Maharashtra, 2001 4 AllMR 422.