K.M.Yusuf, J. - (1.) Both the writ application were heard together and are disposed of this judgement.
(2.) More than 200 butchers moved the two writ petitions. Their contentions are identical as well as the prayers. Thy petitioners are carrying on business by slaughtering cows, bullocks and buffaloes at the Tangra Slaughter House set up by the Calcutta Corporation. The two matters are governed by the Calcutta Municipal Act, 1951. The petitioners have permits as required under the law and used to pay Rs. 50/- for the same and the slaughtering charge for the cattle. The petitioners' case is that sections 445, 446, 451, 456 and 457 are, among others, relevant to the case, The Administrator of the Calcutta Corporation has been made a party-respondent because the Corporation was superseded in 1972. The actual grievance of the petitioners is that the Corporation has been realising Rs. 50/- for the grant of written permission for the right to slaughtering cows and buffaloes at the Tangra Slaughter House and the Corporation realises slaughtering fees as follows:- Rs. 7/- for each buffalo and Rs. 6/- for each cow or bullock. Apart from this, Rs. 2/- is charged for stallage. The petitioners have pointed out to the Bye-laws under section 527 (46) of the Calcutta Municipal Act, 1951 to establish their case. The petitioners have set their claim on Clauses 9 and 10 of the Bye-laws. It is stated that although the Bye-laws provide for the supply of adequate food and water to animals under Clause 10 thereof but the authorities failed to provide such, amenities of adequate food and water. The doctrine of quid pro quo is denied to the petitioners. The petitioners have challenged the legality of the Circular No.76 of 1980-81 dated 23rd March, 1981 issued by the Secretary of the Corporation in form of Notice by which the rates of Licensed permit as well as the slaughter fees, etc. were revised and upgraded with effect from 1st April, 1981. The permit fee went up from Rs. 50.00 to Rs. 75.00, the slaughtering fee for buffalo from Rs. 7.00 to Rs. 10.00 and cow or bullock from Rs. 6.00 to Rs. 9.00. It is contended that the revision of fees and charges are arbitrary made without proper sanction of the State Government and that in no slaughter house in West Bengal, except Slaughter House under the Calcutta Corporation, such enhancement has been made. The allegations are that the Corporation failed to make proper and adequate arrangement for providing food and water to the animals and as such cannot increase the fees without suitably improving the service as required under the law and as such the arbitrary revision of fees and charges by the Calcutta Corporation infringes Article 19(1)(f) of the Constitution. According to the petitioners it also offends Articles 14 and 265 of the Constitution as no due regard has been shown to the doctrine of quid pro quo. As such it is prayed that Annexure 'D' relating to the increase of fees and charges be declared as ultra vires of Articles 14 and 265 of the Constitution and also to quash the same.
(3.) The Corporation of Calcutta defended the case by filing the Affidavit-in-Opposition affirmed by the Superintendent of the Slaughter House. It is stated that the Corporation was empowered to grant licence to persons under the Calcutta Municipal Act, 1951 for the purpose of slaughtering animals for human food or for the purpose of skinning, cutting up and cleaning carcasses of animals as slaughtered therein or purchasing meat, heads or offal. The Corporation is entitled to charge fees at rates fixed from time to time for slaughter of cows, buffaloes, sheep's and goats at the said Slaughter House the Corporation is entitled under section 527(46) of the Act to frame Bye laws for the purpose of regulating the use of Municipal Slaughter House Calcutta. By Notification dated 9th September, 1957 published in the Calcutta Gazette dated 19th September, 1957 the Governor in exercise of powers vested under section 561(1) of the Act of 1951 was pleased to sanction after modification certain Bye-laws made by the Corporation under section 527(46) of the Act after complying with the requirements of section 530 and published under section 535 of the Act. In paragraph 11 of the said Affidavit it is said that the fees which have been made was nominal in comparison to the increase in the price of meat during the last 3 years prior to the institution of the instant writ petitions. The price of mutton and beef was Rs. 12/- per kg. and 4/- per kg. respectively, in 1976 whereas in 1981 the same stands at Rs. 22/- and Rs. 7/- per kg., respectively. The fees for slaughter of cattle has increased from Rs. 8.25 to Rs. 12/- per cattle. One large animals yields about 150 to 200 kg. of meats and as such the increase for the slaughtering fees would come to .02 to .03 paise per kg. in respect of one animal whereas butchers have increased the price by Rs. 3/- and Rs. 10/- per kg. in case beef and mutton, respectively. In paragraph 18 of the Affidavit certain inaccuracies mentioned in paragraph 11 of the writ petition have been clarified. It is stated that an animal is required to be kept for a minimum period of 24 hours at the Slaughter House before slaughtering during which period animal would be provided with adequate food and water at the expense of the Corporation but the same is not followed and the persons do not bring animals 24 hours in advance. It is denied that no service is rendered to the animal as provided in Clause 10 of the Bye-laws. It is further stated that the impugned Circular No.76 of 1980-81 was issued in accordance with law and the revision of rates was not arbitrary or ultra vires. There is no contravention of Article 265 of the Constitution nor it infringes Article 19 (1). On the contrary it is stated that the Corporation was fully justified in its action upgrading the revision of fees which it was fully empowered and entitled do in law and such increase in the fees in no way offends Article 14 of the Constitution. The doctrine of quid pro quo is not at all applicable and such the writ application cannot succeed.;