Writ Petition No.6832 / 2017
04.05.2017.
      Shri Rajendra Tiwari, learned Senior Advocate with Shri
Manoj Sharma, Sanjay Agrawal, Abhijeet Bhowmik, counsel
for the petitioners
      Shri Swapnil Ganguly, Government Advocate, for
respondent Nos.1 to 3/State.

Shri Anshuman Singh, counsel for respondent No.4. Shri Ashish Shroti, counsel for respondent No.5. Dr. P.G. Najpande - intervenor.

The petitioners have sought a direction to the District Administration to furnish all the material record pertaining to demolition of five to six dairy farms carried out on 03.05.2017. It is further prayed that District Administration should be restrained from carrying out demolition of dairy farms.

We have heard learned counsel for the parties and Dr. P.G. Najpande. The matter regarding running of dairy farms within the area of Municipal Corporation, Jabalpur was pending for 14 years before this Court. It was on 15.02.2017, a Division Bench of this Court passed an order. The relevant extracts read as under:

"However, we are of the considered view that as the Collector has given a compliance report indicating a reasonable period of time which is required for complying with various requirements of 2 law, we see no reason to reject the prayer made in the appropriate application, merely, because the matter is pending for more than 14 years, we cannot accede to the objections raised by Shri P.G. Najpande.

Shri Manoj Sharma and other counsel appearing for the Dairy owners submitted that they want to file detailed objections raised by the Collector but we cannot accept the aforesaid contention also. Operation of dairy farms within the municipal limits is governed by certain statutory provisions and as the Collector has only given a schedule for regularizing functioning of Dairy farms in accordance with the requirement of law, we grant time to the Dairy owners to submit an appropriate application in accordance with the requirement of law namely to the Pollution Control Board and the Municipal Corporation for their working within the limits of Municipal Corporation, Jabalpur within a period of 15 days from today and on the same being done, the Pollution Control Board, the Veterinary Department and the Municipal Corporation, Jabalpur shall proceed to process the application in accordance with law and ensure operation of Dairy farms within the limits of Municipal Corporation, Jabalpur. "

Learned counsel appearing for the Municipal Corporation states that no action be now taken against the dairy farm owners, who have applied for license, as contemplated under Section 264 of the Madhya Pradesh Municipal Corporation Act, 3 1956, as the process for grant of license is under consideration. On the other hand, learned counsel representing the Pollution Control Board states that 12 applications were received for grant of consent, out of which 6 applications have been allowed, 2 are under consideration and 4 have been rejected. But the petitioners have not applied for consent under the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'Act of 1974') and the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as 'Act of 1981').

We find that the petitioners themselves have to be blamed for not applying for license from the Municipal Corporation and for the consent from the Pollution Control Board. Thus there cannot any direction for restraining the District Administration from not carrying out demolition of dairy farms. This Court has already given long rope to dairy farm owners to comply with the statutory provisions, but if they have not applied for consent or license, they alone have to be blamed.

But, failure to apply within 15 days does not mean that petitioners have no right to seek license under the Municipal Corporation Act or consent under the Act of 1974 and the Act of 1981 even now.

Consequently, we dispose of the present writ petition with liberty to the petitioners to apply for license under the Municipal Corporation Act or consent under the Act of 1974 and the Act of 1981 on or before 10th of May, 2017. If the dairy 4 farm owners do not apply for the license or consent on or before 10.05.2017, the respondents would be at liberty to proceed against the dairy farms in accordance with law, but till 10.05.2017 the respondents will not carry out any demolition activities. This is to give another opportunity to the dairy farm owners to apply for license and consent.

It may be clarified that there will be no further relaxation of time to apply for license or consent, as they have already availed substantial time for obtaining the license or consent under the Act of 1974 and the Act of 1981.

With the said direction, the writ petition stands disposed of.

Certified copy as per rules.

       (HEMANT GUPTA)              (VIJAY KUMAR SHUKLA)
         CHIEF JUSTICE                    JUDGE


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