1 wp-l-2331-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION (L) NO. 2331 OF 2010. All India Meat & Live Stock Export Association & Ors. ..Petitioners. v/s. Municipal Corporation of Greater Mumbai & Ors. ..Respondents. .... Mr. Zubin Behramkamdin, a/w. Mr. Charles De’Souza, i/b. Bharucha & Partners, for Petitioners. Mr. S.S. Pakale, a/w. Ms. T.H. Puranik, for Respondent. .... CORAM : S.J. KATHAWALLA, J. DATE : 20TH OCTOBER 2010. P.C. Heard the learned Advocates for the Parties. 2. The Petitioner No.1 is the All India Meat and Live Stock Export Association, a Society registered under the provisions of the Societies Registration Act, 1860. The Respondent No. 1 is the Municipal Corporation of Greater Mumbai. 3. By this Writ petition, the Petitioners have impugned the action on the part of the Corporation directing the Petitioners to reduce the daily limit of slaughter of sheep for export to 2500 per day. The Petitioners have also impugned the increase in the 2 wp-l-2331-2010 slaughter fees by the Corporation. 4. Section 61(h) of the Mumbai Municipal Corporation Act, 1888 (the said Act) provides that it shall be incumbent on the Corporation to make adequate provision, by any means or measures to construct and maintain public markets and slaughter houses in the City of Greater Mumbai. According to the Corporation, the object of the provision is to provide adequate and quality supply of meat to the Mumbai City at reasonable price. The Corporation therefore, constructed the Devnar Abattoir in or around 1972-73 for slaughter activities. 5. Since the Abattoir had certain spare capacity, in the year 1979, the Corporation permitted the Petitioners to utilize the excess capacity of the Abattoir for slaughtering of the animals for export purpose on payment of a slaughter fee per animnal. There is no agreement under which the Petitioners have been allowed to make use of the spare capacity of the Abattoir. The only agreement that exist between the petitioner and the Respondent-Corporation is an agreement of Leave and License (Exhibit-C to the Petition), whereunder the Respondent as licensor has allowed the Petitioners as licensees to occupy the premises of Devnar Abattoir (independent of slaughter lines) admeasuring about 561.38 square meters for the purpose of chilling halls and chilling plant for the period 13th 3 wp-l-2331-2010 December 2009 to 12th November 2010 at a monthly compensation of Rs.30,202/-. According to the Corporation, since the last five years, there is scarcity of sheep and goats, the Corporation is facing lot of problems of adequate supply of live sheep and goats. As against this, there is tremendous increase in demand of meat in local market. The Corporation by its letter dated 10th October 2008 informed the Petitioners that they will be allowed to slaughter upto 1500 goats per day for export at the Abattoir. In view of the representations received from several quarters including the Petitioners, the Corporation by its order dated 13th October 2008, stayed its said order dated 10th October 2008. The said order was modified and the Petitioners were allowed to slaughter 4000 sheep/ goats per day till 10th October 2010. On 29th September 2010, the Corporation by its letter addressed to the President of the Petitioner No.1 informed the Petitioners that they will be allowed to slaughter 2500 sheep per day and further informed the Petitioners that the said order shall be implemented with effect from 10th October 2010. 6. The Petitioners have impugned the above orders dated 13th October 2008 and 29th September 2010 along with the increase in slaughter charges in this Petition, on the ground that the decision of the Corporation in putting a restriction on the use of the Abattoir to the extent of only 2500 sheep, is arbitrary and the same will 4 wp-l-2331-2010 cause grave loss to the Petitioners who have invested huge amounts towards refurbishment and maintenance of the slaughter lines. 7. It is submitted on behalf of the Corporation that the decision of allowing the Petitioners the use of the slaughter lines in the Abattoir to the extent of 2500 animals per day from 10th October 2010, is in public interest which cannot be faulted with, since the Corporation has to regulate, regular and sufficient supply of meat to the City at a reasonable price, failing which there would be serious, social and economic problems in the City. It is submitted by the Corporation that the Petitioners were allowed to use the slaughter lines at the Abattoir on payment of a slaughter fee per animal for exports only as a matter of indulgence and not by way of any obligation or compulsion cast upon the Corporation. It is for the Corporation to decide what is the spare capacity of the Abattoir and to what extent it can allow the Petitioners to use its slaughter lines. It is submitted that the Corporation would have no objection if the Petitioners carried on their slaughter activities for export at some other slaughter house. There is no agreement entered into by and between the Petitioner and the Corporation in this regard which can be enforced in law. It is submitted that in any event, the Petitioners cannot invoke the writ jurisdiction of this Court under Article 226 of the Constitution of India for enforcement of an alleged private 5 wp-l-2331-2010 contract. The remedy, if any, is in private law i.e. filing of a Suit for damages or specific performance since the issue would also invoke disputed questions of facts. On this ground alone, the present Writ Petition is liable to be dismissed. 8. Having heard the above submissions at some length, I am of the view that though it is true that since the past several years, the Corporation has allowed the Petitioners to use the slaughter lines of the Abattoir on payment of a slaughter fee per animal, the Petitioners have not established any case of a concluded contract between the Petitioners and the Corporation requiring the Corporation to permit the Petitioners to use slaughter lines. It is therefore, for the Corporation to decide what is the spare capacity of the Abattoir and to what extent, it can allow the Petitioners to use its slaughter lines. As submitted by the Corporation, they would have no objection if the Petitioners carried on their slaughter activities for export at some other slaughter house. The Petitioners therefore, cannot as a matter of right claim to use the said slaughter lines at the Abattoir and in any case, cannot impugn the decision of the Corporation to allow use of the slaughter lines for slaughter of only 2500 animals per day by invoking Article 226 of the Constitution of India. In any event,even if such a contract were to be made out, the remedy of the Petitioners, in my view, would be to file 6 wp-l-2331-2010 a Suit for specific performance or for damages. 9. The Writ Petition is therefore, not maintainable and is dismissed. 10. Office is directed to number the Writ Petition. [ S.J. KATHAWALLA, J. ]