RAM KRISHNA MISSION ASHRAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) AN affidavit has been filed by the Deputy Commissioner, Ranchi pursuant to our order dated 9th May, 2001, This affidavit has been affirmed on 18.6.2001. Along with this affidavit a copy of the draft of Jharkhand Cattle Licensing Regulations, 2001 has been filed. We have gone through this draft and we find ourselves generally and broadly in agreement with its contents except to indicate that in Regulation 4 relating to grant of licence, there seems scape for some modification /improvement. Our view is that Regulation 4 may be recast to provide that permission for one cattle generally should be given and that a person may be allowed to keep two cattle only in exceptional cases. Similarly, the minimum space required for keeping one cattle may be 750 sq. ft. instead of proposed 400 sq., ft. and for two cattle more than that. With this suggestive modification, we record our approval to the aforesaid Scheme.

(2.) WHEREAS the aforesaid Scheme (Jharkhand Cattle Licensing Regulations, 2001) purportedly deals with only the subject of grant of licenses to individuals for keeping one or two cattle, it does not deal with the institutions which are possessing cattle for the purposes totally unconnected with any commercial purpose and for the purposes relating to charitable, religious, social or educative activities. As a one time arrangement and only in so far as the institutions as are presently in existence are concerned, we direct the Deputy Commissioner, Ranchi to issue an advertisement in two local daily Newspapers of Ranchi inviting applications from the institutions which are presently having cattle in their areas to seek either exemption from the operation of the aforesaid Regulations or for a specific one time permission for the possession of cattle on the condition that such institutions would keep cattle either for charitable or religious, social or educative or research purposes or for such related purposes but which are totally and absolutely non - commercial. The advertisement shall call upon such applicants to file application for such exemption within one week or ten days. On receipt of such application a three member Committee comprising of the Secretary, Urban Development Department, Jharkhand. Deputy Commissioner Ranchi and the Administrator, Ranchi Municipal Corporation shall scrutinise such applications and based upon the aforesaid observations the Committee will go into the paramount requirements of maintenance of ecology, environment, cleanliness, hygiene etc. in the area and then consider the question of granting exemption from the operation of the Scheme to these institutions. While considering such questions the Committee shall fix the maximum number of cattle that may be kept in the Institutions. In deciding such questions the Committee may ask the institutions to reduce the existing number of cattle if it finds that the space or facilities or the provisions are not commensurate to the number of cattle, We must indicate that while considering the question for grant of exemption, minimum space required shall be considered as per Regulation 4 in respect of the cattle, which means that for each cattle the minimum space required in each institution shall not be less than 750 sq. ft. We must make it absolutely and categorically clean that the exemption from the operation of the aforesaid Regulations shall be available only to the existing Institutions and that too in accordance with the directions contained herein. Additionally such exemptions shall be available to the existing Institutions also only if they within the time limit fixed in the Advertisement to be issued by the Deputy Commissioner Ranchi apply to him for such exemption. In other words, if such Institutions do not apply for exemption within the time limit, their khatals or the places by whatever other name it may be called, shall be removed. Similarly no Institution in future shall be permitted to keep any cattle in any place except in accordance with the hereinbefore mentioned Regulations.

(3.) WITH the aforesaid observations/directions these writ applications are finally disposed of. There shall be no order as to costs.