Delhi Meat Merchant Association v. East Delhi Municipal Corporation of Delhi & Ors

RAJIV SAHAI ENDLAW, J. MAY 31, 2016 "pp/bs"..

(corrected and released on 27th August, 2016.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 31st May, 2016 + W.P.(C) No.4881/2016 & CM No.20346/2016 (for stay) DELHI MEAT MERCHANT ASSOCIATION ..... Petitioner Through: Mr. S.P. Jha, Mr. Vikrant Bhardwaj and Ms. Jyoti Sharma, Advs. Versus EAST DELHI MUNICIPAL CORPORATION OF DELHI & ORS ..... Respondents Through: Ms. Mini Pushkarna, Adv. for R-1. Ms. Sakshi Popli, Adv. for SDMC. Mr. Raman Dugga, Standing Counsel for GNCTD with Ms. Aayushi Gupta, Adv. for R-4&5. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.20347/2016 and CM No.20401/2016 (both for exemption) 1. Allowed, subject to just exceptions. 2. The applications stand disposed of. W.P.(C) No.4881/2016 & CM No.20346/2016 (for stay). 3. The petition impugns: (A) the Office Order dated 1st January, 2016 of the respondent no.1 East Delhi Municipal Corporation of Delhi (EDMC) laying down the "Revised Policy for grant of License to the Meat Shops" insofar as it in paragraph 14 (xxviii) and in paragraph 16(xii) thereof provides as under:- "14. General terms & conditions ........ xxviii. The meat shopkeeper would submit no objection certificate or consent letter of the Area Councillor at the time of submission of application for grant of new license to the meat shops. 16. Requirements of documents for grant of licence. ......... xii. No objection Certificate or consent of area councillor shall be obtained for grant of new license of meat shops (buffalo, sheep, goat, poultry, fish and pork)." (B) the lack of uniform policy with respect to imposition of fine / penalty for illegal slaughtering of goat and sheep and the office order / decision taken by respondent No.3 South Delhi Municipal Corporation (SDMC) vide Resolution No.81 dated 26th August, 2015 to increase the fine with respect to illegal slaughtering of goat / sheep to @ Rs.2,000/- per carcass. 4. It is the case of the petitioner (i) that it is a registered society under the Societies Registration Act, 1860 and represents the interest and welfare of the meat merchants of State of Delhi who are dealing in meat trade in any form; (ii) that after the trifurcation of the Municipal Corporation of Delhi (MCD), the respective Mayor / In-Charge of each of the Corporation is in the habit of taking arbitrary decisions adversarial to the interest of the members of the petitioner; (iii) that the petitioner has requested the respective Municipal Corporations to, before taking any decision, consult the petitioner but to no avail; (iv) that the condition introduced by the respondent No.1 EDMC vide its Office Order dated 1st January, 2016 supra to take a "No Objection Certificate" (NOC) or consent letter of the Area Councillor along with its application for grant of licence is non-existent in the respondent No.2 North Delhi Municipal Corporation (NrDMC) and the respondent No.3 SDMC; (v) that in North and East Delhi, the fine for illegal slaughtering of goat / sheep is Rs.500/- per carcass but in South Delhi the said fine is Rs.2,000/- per carcass; (vi) that the respondent No.3 SDMC vide Resolution No.81 dated 26th August, 2015, without any basis and consultation with the petitioner, has increased the fine for illegal slaughtering of goat / sheep to Rs.2,000/- per carcass and which is four times the fine imposed in the jurisdiction of the other Municipal Corporations; (vii) that the Meat Shop Licence Policy as introduced by the respondent No.1 EDMC, to the extent it leaves the applicant for meat licence at the whims and fancy of the Area Councillor, is arbitrary and discriminatory; (viii) that there was no such condition in the Licence Policy issued on 2nd September, 2011 by MCD; (ix) that the requirement of obtaining NOC from the Area Councillor has no nexus to the object of issuing the trade licence for running the meat shop; (x) that under the Delhi Municipal Corporation Act, 1957 (MCD Act), the jurisdiction empowered to grant the licence vests in the Municipal Corporation but the Office Order dated 1st January, 2