1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7968 OF 2009 Prakash s/o Sampatrao Jawalkar - PETITIONER VERSUS 1) The State of Maharashtra and others. - RESPONDENTS ***** Mr.PD Bachate, Advocate for Petitioner; Mrs.AV Gondhalekar,AGP for Resp. Nos. 1 & 3. Mrs.Manjusha Deshpande, Adv. for Resp.No.2. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 27th November, 2009. PER COURT : . Heard. 2) The petitioner's anxiety was that in view of Article 48 of the Constitution of India and the provisions of Section 5 of the Maharashtra Animals Preservation Act, 1976, cows, calves and other drought cattle, shall not be permitted to be slaughtered. 2 3) Consequent to the notice issued by this Court, affidavit in reply is filed by Dr. Bhagwat s/o Sopanrao Naikwade, Chief Animal Husbandry Officer, Aurangabad Municipal Corporation, Aurangabad. The deponent stated in the reply that, as per Section 4 of the Maharashtra Animals Preservation Act, the Government has appointed competent authority for effective implementation of the provisions of the said act. It is stated that Livestock Development Officers are appointed as `competent authority' by the State Government, who are empowered to issue a certificate before slaughtering scheduled animals regarding its fitness. In absence of the certificate, no animal is permitted to be slaughtered. 4) The deponent further states that there are two permanent slaughter houses, authorized by the Aurangabad Municipal Corporation, one is located at Padegaon, where large animals are slaughtered and other is situated at Shahabazar, where small animals are slaughtered. According to the deponent, in view of the festive day, the Corporation has permitted to establish 12 (twelve) temporary slaughter houses for the festive day in exercise of powers under Section 331(1)(2) and 378(1) (c)(iv) of the Act. Those slaughter houses would be permitted to function temporaryly from morning 8.00 a.m. to 2.00 p.m. 3 in the afternoon. In paragraph 3, the deponent states that : "3. I say that, adequate arrangements have been made for the smooth working of these slaughter houses and for effectively implementing the provisions of the Maharashtra Animal Preservation Act, 1976. I say that, a meeting was convened in the Chamber of Deputy Commissioner, Animal Husbandry along with the authorities of the Municipal Corporation and also the Police Authorities, and in the said meeting it was decided that, on each center of slaughter, one competent authority i.e. the LDO would be deputed and only upon his certification, the animals would be allowed to be slaughtered. I say that, even the Police Authorities have assured to provide Police Protection at such slaughter houses. I further say that, the answering respondent shall make adequate arrangement by providing water, tent, table, chairs and sanitation, so as to maintain the hygiene of those areas, where such slaughter 4 houses would operate." 5) Mrs. Deshpande, appearing for the Municipal Corporation, submits that a meeting of the responsible officers in this regard was arranged and necessary precautions would be taken for effective implementation of law. 6) The learned AGP Mrs. Gondhalekar placed on record a copy of the order dated 19.11.2009 passed by the District Animals Husbandry Officer, Zilla Parishad, Aurangabad, whereby 45 officers are appointed to certify slaughtering of the animals on the festive day. The learned AGP further submitted that adequate instructions are given to the officers and they would be discharging their duties in conformity with the provisions of law and maintaining the record of the same. Learned AGP further submitted that adequate police protection would also be provided, as requested by the Corporation in smooth discharge of duties and interest of the public at large. 7) We are satisfied with the efforts taken by the authorities concerned in this regard. In the light of the reply filed and the submissions advanced by the learned Counsel appearing for the Municipal Corporation, the petition is disposed 5 of accordingly. 8) An authenticated copy of this order, duly signed by the Sheristedar of this Court, be provided to the parties to act upon. (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp7968.09