A bench of Justices MS Sonak and Kamal Khata gave the ruling while adjudicating a petition filed by Jiv Maitri Trust, which works for the protection and welfare of animals and the environment.
The trust had initially filed a petition in 2018 challenging the NOC granted by the BMC at the time for slaughtering animals outside the Deonar abattoir. It has opposed the permission contending that it is violative of central acts like the Food Safety and Standards (Licensing and Registering of Food Business) Regulations; The Environment (Protection) Act; and the Prevention of Cruelty to Animals Act.
Petitioners advocate submitted that the BMC’s policy does not permit slaughtering at public places including bus stops, Airports, etc. However, the May 29 communication permits slaughtering at mutton shops, even though mutton shops are not included in the policy, including those near Airports. Moreover, the policy mandates BMC’s permission through a notice 30 days in advance.
Hence, the communication was against the BMC policy, the advocate contended. Corporation’s counsel Milind Sathe contended that invariably such pleas were made 2-3 days before the festivals. He pointed out that permission was granted only to 67 private shops and 47 municipal markets. The said permission is only for three days — June 17, 18 and 19.
After hearing both the side the bench, in its order, said that the earlier High Court orders had noted that if there was any violation of the policy there was a mechanism to lodge complaints. That mechanism is in place hence at this stage no relief can be granted to the petitioner.
