RAMJI PATEL AND ORS. versus NAGRLK UPBHOKTA MARG DARSHAK MANCH AND ORS.

RAMJI PATEL AND ORS. versus NAGRLK UPBHOKTA MARG DARSHAK MANCH AND ORS.

Milk dairies and keeping of cattle in villages Lalpur and Gwarighat cannot be permitted to continue after Gazette Notification dated 19.3.1999 excluding them from 'excepted villages', given statutory requirements, but validity of the notification cannot be decided here; petitioners may challenge it in fresh proceedings before the High Court.

Parties
Appellants: Ramji Patel and others; Respondents: Nagrik Upbhokta Marg Darshak Manch and others
Jurisdiction
India
Judgment Date
17 February 2000
Procedural Posture
Special Leave Petition (civil) / Final Disposition
Outcome
Petitions dismissed as not pressed for petitioners willing to shift; otherwise disposed of with liberty to challenge notification in High Court
Legal Topics
Control of Water Pollution, Municipal Corporation Duties, Cattle Control, Public Interest Litigation, Statutory Interpretation, Notification Validity
Environmental Law Municipal Law Public Health Law Constitutional Law Control of Water Pollution Municipal Corporation Duties Cattle Control Public Interest Litigation +2 more

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Parties

Ramji Patel and others

Appellants

Nagrik Upbhokta Marg Darshak Manch and others

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether dairies can be established and cattle kept in villages excluded from 'excepted villages' in the Municipal limits under Madhya Pradesh Cattle (Control) Act, 1978
  2. 2 Whether the storage of cow dung near drinking water pipelines is a public health hazard
  3. 3 Whether the validity of the notification removing villages 'Lalpur' and 'Gwarighat' from 'excepted villages' can be challenged in these proceedings

Ratio Decidendi

Milk dairies and keeping of cattle in villages Lalpur and Gwarighat cannot be permitted to continue after Gazette Notification dated 19.3.1999 excluding them from 'excepted villages', given statutory requirements, but validity of the notification cannot be decided here; petitioners may challenge it in fresh proceedings before the High Court.

Court Disposition

Petitions dismissed as not pressed for petitioners willing to shift; otherwise disposed of with liberty to challenge notification in High Court

Orders

  • Milk dairies and cattle keeping in Lalpur and Gwarighat not permitted to continue under notification
  • Liberty granted to challenge notification in High Court within three months