Debangana Ray
Published on August 3, 2022 at 20:38 IST
The Uttarakhand High Court observed that keeping in view the special status of Uttarakhand and to preserve the sanctity attached to the river Ganga, banning meat shops from operating within 500 metres of its riverbank is constitutional.
The bench consisted of Justice Sanjaya Kumar Mishra held that the decision of the Zila Panchayat to deny licenses to shops that sell meat within the area is constitutional.
The Court was considering a plea challenging the decision of a District Magistrate refusing to grant a no objection certificate to the petitioner for continuing to operate a mutton shop from his house which was situated 105 m from the banks of the river Ganga.
The petitioner claimed that he had been running the shop since 2006 but in 2016, he received a notice from the Zila Panchayat, Uttarkashi to shift his shop within 7 days.
It was stated that after the Food Safety and Standard (FSS)Act, 2016 was enacted , the jurisdiction of the Zila Panchayat has ceased to operate and it has no authority to grant or reject a license for running the petitioner’s shop.
However, the Court noted that Zila Panchayats have been granted powers to act as institutions of self-government as per Article 243 (Part IX) of the Constitution of India.
The provisions made by Zila Panchayat has to be in harmony with the provisions of the FSS Act, the Court opined.
In the instant case, the Court was of the view that it is mandatory to obtain a no objection certificate from the Zila Panchayat or the District Magistrate for running the mutton shop and dismissed the plea.
