The Gujarat High Court directed the District Magistrate or a Sub-Divisional Magistrate or the Executive Magistrate to report to the High Court as to what steps have been taken in the wake of repeated applications moved by petitioners seeking to remove the nuisance since 2018.
The petitioner (a local farmer) approached the High Court for stopping the illegal skinning and carcass disposal at Pethapur Taluka and District Gandhinagar. The petitioner has his ancestral property and agricultural land within the revenue limit of Pethapur Taluka and District Gandhinagar.
According to him, the inaction on the part of the respondent authority is causing health hazards for residents of the area. It is also causing serious harm to the environment as well. From 2018, according to him, he has been approaching the Collector, Gandhinagar and this had continued for all these years, however, no heed is being paid to any of the representations and therefore, is before the High Court with the prayer that the Gandhinagar Municipal Corporation (Respondent no.1) be directed to take appropriate decision as per Section 326 of the Gujarat Provincial Municipal Corporation Act, 1949 regarding prohibited activity, and to notify the place and area as per Section 323 of the Act, and appoint appropriate authority for the area for restoring the natural environment and undo the loss done to the environment by planting trees and greenery.
The Bench comprising Chief Justice Sonia Gokani and Justice Sandeep N. Bhatt have heard advocate A.M. Parekh who has also produced before the High Court the photographs depicting the condition of dead animals which, according to him, is for five years.
“It is a subject matter of concerned for all around. For stopping the illegal skinning and carcass disposal, it is strenuously urged that some guidelines would be needed. Presently, what is noticed that there is seriously flouting of the provision of Prevention and Control of Infectious and Contagious Diseases in Animals Act, 2009,” observing the same the High Court issued notice to the Respondents.
The High Court also noted that Section 133 of the Code of Criminal Procedure provides the procedure to be used in cases for removal of public nuisance. It provides that whenever a District Magistrate or a Sub-Divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of the Police Officer or on other information and on taking such evidence as he things fit, considers that there will be a requirement for any unlawful obstruction or nuisance to be removed from any public place, he may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, to preventing and stop and remove such obstruction and nuisance.