The Bombay High Court on Wednesday directed the Brihanmumbai Municipal Corporation (BMC) to ensure that no illegal slaughtering of animals takes place in a society in South Mumbai while hearing a plea by some of the residents citing environmental and hygiene concerns. The bench took an urgent hearing in the plea at 7 pm, which went on till 8.10 pm.
A division bench of Justices Girish Kulkarni and Jitendra Jain passed the order on a petition filed by two residents of Nathani Heights in Lamington Road seeking directions to the BMC and the police to ensure no illegal slaughter takes place in the society premises. The plea stated that there are no proper measures for ensuring that hygiene is maintained, thereby posing possible harm to the environment.
“Respondent No 3, Municipal Corporation, shall ensure that illegal slaughtering of animals shall be allowed at Nathani Heights situated at Lamington Road, Mumbai Central, Mumbai-400008 unless the same is recognized or licensed by the Municipal Corporation,” said the bench.
Court directs BMC to take appropriate action
In the event the BMC has not issued a licence to undertake the slaughtering of animals at the society, the civic officers have been directed to take police help and take appropriate action, in accordance with the law, to prevent the slaughtering of animals proposed for tomorrow, the bench added.
“The Police Commissioner / Officer-in-Charge of Nagpada Police Station is directed to provide appropriate police assistance to the officers of the Municipal Corporation in the event an action is required to be taken,” the bench noted in its 2-page order.
Advocate Joel Carlos, appearing for the BMC, opposed any kind of such ban saying that the civic officers will visit the site and take action if any violation is found. Petitioners' word cannot be taken to impose any ban, argued Carlos.
Haresh Jain, 42 and Apeksha Shah, 42, residents of Nathani Heights approached the HC through their lawyers – Subhash Jha, Mikhail Dey, Pulkeshi Gaikwad and Dinesh Tiwari – seeking to restrain on three fellow residents who said that they will be performing an animal sacrifice for Bakri Eid in the society premises.
Slaughtering of the animals in residential premises against law
The petitioner residents and some others objected to the same stating that this is in violation of the rules and norms which need to be followed for slaughtering of the animals.
The petitioners approached the Nagpada Police Station who in turn directed them to approach the BMC. The officers of the BMC, on Tuesday, orally informed them that they will take action and assured them that by Wednesday morning all the animals would be cleared from the society’s premises. Despite all this, the three residents brought animals inside the society premises, the plea alleged.
As the police and the BMC failed to act, the petitioners approached the HC.
