S.B. Sinha, J. - (1.) Leave granted.
(2.) Nagar Nigam Meerut is before us questioning the legality of a judgment and order dated 29th March, 2006 passed by a Division Bench of the Allahabad High Court in Civil Misc. Writ Petition No. 53782 of 2004. Appellant-Corporation is a local authority constituted under Uttar Pradesh Municipal Corporations Adhiniyam, 1959 (the Act). As a local authority, indisputably it has a large number of public duties and functions to perform; maintenance of slaughter house being one of them. Chapter XVI of the Act inter alia provides for regulation of slaughter houses. Sections 422 and 423 of the said Act, which are relevant for the purpose of this case are set out herein below: Municipal Commissioners powers in respect of Corporation markets and slaughterhouse etc. - Subject to the provision of this Act and the rule and bye-laws framed thereunder the Municipal Commissioner shall have the power - (a) upon being authorized by the Corporation in that behalf, to construct, purchase, take on lease or otherwise acquire any building or land for the purpose of establishing a Corporation market or a Corporation slaughter-house or stockyard within, and with the prior sanction of the State Government, without the limits of the Corporation and of extending or improving any existing Corporation market or slaughter-house; (b) from time to time, to build and maintain such Corporation markets, slaughter-house and stockyards and such stalls, shops, sheds, pens and other buildings or conveniences as may be deemed necessary for the use of the persons carrying on trade or business in, or frequenting, such Corporation markets, slaughter-houses or stockyards; (c) to provide for maintaining on any such Corporation markets such building, places, machines, weights, scales and measures for weighing and measuring goods, sold therein as he shall think fit; (d) upon being authorized by the Corporation on that behalf, to close any Corporation market or slaughter-house or stockyard or any portion thereof and to dispose of as the property of the Corporation the premises occupied for any market or slaughter-house or stockyard or any portion thereof so closes; (e) with the previous sanction of the Corporation, to prohibit by public notice from time to time within a distance of fifty yards of any Corporation market the sale or exposure for sale of the commodities or of any of the commodities specified in the notice ordinarily sold in the said Corporation market and with like sanction to cancel or modify any such notice at any time; (f) to charge for the occupation or use of any stall, shop, standing shed, or pen or other building in a Corporation market, slaughter-house or stockyard, and for the right to expose goods for sale in a Corporation market, and for weighing and measuring goods sold in any such market and for the right to slaughter animals in any Corporation slaughter-house, such stallages, rents and fees as shall, from time to time be fixed by him, with the approval of the Executive Committee, in that behalf; (g) with the approval of the Committee, from the stallages, rents and fees leviable as aforesaid or any portion thereof, for any period not exceeding one year at a time; or (h) to put up to public auction, or with the approval of the Executive Committee, dispose of, by private sale, for privilege of occupying or using any stall, shop, standing shed or pen or other building in a Corporation market, slaughter-house or stockyard for such term and on such conditions as he shall think fit. Opening of private markets and of private slaughter-houses: (1) The Corporation shall from time to time determine whether the establishment of new private markets or the establishment or maintenance of private slaughter-house shall be permitted in the City or in any specified portion of the City. (2) No person shall establish a private market for sale of, or for the purpose of exposing for sale, animals intended for human food, or any article of human food or livestock or articles of good for livestock or shall establish or maintain a private slaughter-house except with the sanction of and after obtaining a licence from the Municipal Commissioner who shall be guided in giving such sanction and licence by the decisions of the Corporation at the time in force under Sub-section (1): Provided that the Municipal Commissioner shall not refuse to give sanction lawfully established on the appointed day if application for such sanction and licence is made within two months of the appointed day, except on the ground that the place where the market or slaughter-house is established falls to comply with any requirements of this Act or of any rule of bye-law thereunder. (3) When the establishment of a private market or a slaughter-house has been so sanctioned the Municipal Commissioner shall cause a notice of such sanction to be affixed in Hindi and such other language or languages as the Corporation may from time to time specify on some conspicuous spot on or near the building or place where such market is to be held. Explanation: For the purpose of Sub-section (2) the owner or occupier of a place in which a private market or slaughter-house is established shall be deemed to have established such market. (4) The Municipal Commissioner shall not cancel or suspend or refused to renew any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some regulation or with some bye-law. (5) The Municipal Commissioner may cancel or suspend any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing, shed, pen or other place therein. (6) When the Municipal Commissioner has refused, cancelled or suspended any licence to keep open a private market, he shall cause a notice of his having so done to be affixed in such language or languages as the Corporation may from time to time specify on some conspicuous spot on or near the building or place where such market has been held.
(3.) The first respondent herein was granted a licence for a period of one year to run a slaughter house which is owned by the appellant-Corporation. It gives this slaughter house on annual licence basis. Such a licence was granted to the first respondent herein on 9.1.2004. The said licence expired on 8.1.2005. The impugned advertisement dated 6.12.2004 was issued by the appellant inviting applications for granting a fresh contract for running the slaughter house. It is this advertisement whose validity was challenged before the High Court.;