w w w . L a w y e r S e r v i c e s . i n



Al-Waffi Agro Food Company, Through its Proprietor Mohd. Shoaib v/s The State of Maharashtra, Through its Secretary & Others


Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- J & M AGRO FOOD PRIVATE LIMITED [Active] CIN = U55100BR2013PTC021049

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

    Writ Petition No. 4385 of 2018

    Decided On, 21 December 2018

    At, In the High Court of Bombay at Nagpur

    By, THE HONOURABLE MR. JUSTICE Z.A. HAQ

    For the Petitioner: S.P. Bhandarkar, Advocate. For the Respondents: R1 & R2, S.Y. Deopujari, GP, R3, R.J. Tople, S.D. Chopde, R4, S. Thakur, S.S. Sanyal, R5, M.P. Khajanchi, Advocates.



Judgment Text

Oral Judgment:

1. Heard.

2. RULE. Rule made returnable forthwith.

3. The point which arises for consideration in this petition is:

'Whether, after promulgation of the Maharashtra Ordinance No. 04/2018 on 25/01/2018, an application under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for short 'the Act of 1965') at the behest of the private person is maintainable.'

4. The facts on record are:

The petitioner – Firm is in the business of meat supply and export. With an intent to start modern slaughter house, the petitioner purchased the land admeasuring about 17131.40 sq. mtrs at Village Babulkheda, Tahsil Balapur, Dist. Akola and then submitted an application under Section 44 of the Maharashtra Regional and Town Planning Act, 1966 (for short 'the Act of 1966') seeking permission for development on the said land. This application was submitted to the respondent no. 3 – Municipal Council. The Municipal Council referred the application / proposal of the petitioner to the Town Planning and Assessment Department Branch Office, Akola. By the communication dated 28/04/2016, the office of the Town Planning and Assessment Department, Akola recommended that permission sought by the petitioner for construction of a unit for preservation of meat, canning, processing of meat and similar foods like fruits and vegetable plants can be granted subject to the conditions as mentioned in that communication. This communication further states that the petitioner can be permitted to carry on the activities of deboning, slaughtering and holding area. Inspite of the recommendation by the Town Planning and Assessment Department, the Chief Officer, Municipal Council informed the petitioner that the land on which the petitioner proposed to start its unit was in the residential area and therefore, the application / proposal submitted by it for development on that land cannot be granted. This communication was challenged by the petitioner under Section 47 of the Act of 1966 in appeal before the Director of Town Planning, Pune. By the order dated 21/10/2016, this appeal was dismissed. The proprietor of the petitioner – Firm approached this Court in W.P. No. 132/2017 which came to be allowed by the judgment dated 06/12/2017. This Court found that the Municipal Council had not considered the relevant aspects and the application / proposal of the petitioner was rejected without granting an opportunity to the petitioner to putforth his case. This Court remitted the matter to the Chief Officer, Municipal Council for considering the application/ proposal of the petitioner afresh. The Chief Officer, Municipal Council reconsidered the proposal and by the communication dated 15/19.01.2018 granted permission to the petitioner for development as per the application / proposal submitted by it. The Chief Officer, Municipal Council recorded that the Municipal Council had already passed the resolution on 30/05/2016 in favour of the petitioner. This No-objection issued by the Chief Officer, Municipal Council came to be challenged by the respondent no. 5 before the Collector under Section 308 of the Act of 1965 on 07/03/2018. The learned Collector, exercising the powers under Section 308 of the Act of 1965 has allowed the application filed by the respondent no. 5 and has suspended the execution of the communication / No-objection issued by the Chief Officer, Municipal Council. Being aggrieved by the order passed by the Collector, the petitioner has filed this petition.

5. Earlier Section 308 of the Act of 1965 read as follows:

'(1) If, in the opinion of the Collector, the execution of any order or resolution of a Council, or the doing of anything which is about to be done or is being done by or on behalf of a Council, is causing or is likely to cause injury or annoyance to the public or is against public interest or to lead to a breach of the peace or is unlawful, he may by order in writing under his signature suspend the execution or prohibit the doing thereof.

(2) When the Collector makes any order under his signature, he shall forward to the Council affected thereby a copy of the order, indicating therein the reasons for making it and also submit a report to the Director, along with a copy of such order.

(3) Within [thirty days] from the receipt of such order of the Collector, the Council shall, if it so desires, forward a statement to the Director indicating therein why the order of the Collector should be rescinded, revised or modified. If no such statement is received by the Director within time, the Director shall presume that the Council has no objection if the order of the Collector is confirmed.

(4) On receipt of such report from the Collector and the Council's statement referred to in subsection (3), if any, the Director may [within a period of six months, from the receipt of such report or within such period beyond six months as may, on the request of the Director, be extended by the State Government,] rescind the order or may revise or modify or confirm the order or direct that the order shall continue to be in force with or without modifications.

Provided that, the Director shall take into account the statement of a Council, if received, before such an order is made by him.'

Section 308 of the Act of 1965 is amended by Section 15 of the Maharashtra Ordinance No. 04/2018 and then by the Maharashtra Act No. XXV/2018.

After the amendment on 25/01/2018, Section 308 of the Act of 1965 reads as follows:

'(1) If the Council or any Committee resolves contrary to provisions of this Act or any other law, or rules, byelaws, or the Government directions, then it shall be the responsibility of the Chief Officer to send it to the Collector for suspension of execution of such a resolution or prohibition of doing thereof, within the period of three days from the receipt of the said resolution. The Collector shall decide on such proposal within the period of thirty days from the date of receipt of such proposal. If it remains undecided within the said period, then the Collector shall submit the report thereof to the Director within ten days and the decision of the Director thereon shall be final. In such case, appeal against the order of the Director shall lie to the State Government.'

On the plain reading of Section 308 of the Act of 1965 (as amended), it is clear that private person cannot approach the Collector under Section 308 of the Act of 1965 to challenge any resolution of the Municipal Council or any committee of the Municipal Council. As per the amended provisions, only the Chief Officer can point out to the Collector that any resolution passed by the Municipal Council or any of its committee is contrary to the provisions of the Act or any other law, rules, byelaws or Government directions.

6. The respondent no. 5 filed the application before the Collector on 07/03/2018 i.e. much after Section 308 of the Act of 1965 came to be amended. The learned Collector has failed to take note of the amended provision and has exercised his jurisdiction under Section 308 of the Act of 1965 on a complaint / application made by a private person, which is not permissible as per the amended provision.

7. Various submissions are made by the learned advocates for the respective parties and by the learned GP. One of the issue raised at the time of hearing is that the slaughter house cannot be permitted in R2 Zone as per the Development Control Regulations (DCR). Though this submission raised on behalf of the respondents cannot be considered in this petition as the impugned order passed by the Collector is without authority and jurisdiction and is liable to be set aside on that count alone, I have examined the legality of the submission prima facie.

Chapter XX of the Act of 1965 deals with all the relevant aspects relating to the markets, slaughter houses, trades and occupations. Section 226 of the Act of 1965 provides the power with the Municipal Council to provide and maintain the municipal markets and slaughter houses. Section 267 of the Act of 1965 permits the private markets and the slaughter houses however subject to the condition that the license is granted for it by the Municipal Council. Section 267 of the Act of 1965 permits the establishment and running of the private slaughter houses within the Municipal limits subject to condition that the license is granted by the Municipal Council for it. Section 268 of the Act of 1965 permits the establishment of the slaughter houses beyond the municipal area.

In the face of the provisions referred earlier, the submission made on behalf of the respondents that the petitioner cannot be permitted to construct a unit with the facility of the slaughter house, in R2 Zone cannot be accepted as such prohibition is not pointed out by the respondents under the DCR. Furthermore, none of the respondent has been able to point out that the slaughter house can be permitted in some particular zone as per the DCR.

8. In view of the above, I find that the order passed

Please Login To View The Full Judgment!

by the Collector is unsustainable and has to be set aside. Hence, the following order is passed: ORDER a) The impugned order passed by the Collector, Akola is set aside. b) The application filed by the respondent no. 5 before the Collector under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is dismissed. The learned advocate for the petitioner has pointed out that none of the residents of Babulkheda and even Balapur have any grievance and the complaint is made by the respondent no. 5 who is the resident of Akola which is at a distance of about 40 kilometers. In the facts of the case, the respondent no. 5 is directed to pay costs of Rs. 1,00,000/- (Rs. One Lakh) to the petitioner. The respondent no. 5 shall pay the amount of costs by demand draft and produce receipt of it on record of this writ petition within one month. Rule is made absolute in the above terms.
O R