Gujarat High Court
Faijal Iqbalbhai Vahora vs State Of Gujarat on 9 March, 2023
Author: Samir J. Dave
Bench: Samir J. Dave
R/SCR.A/12281/2021 ORDER DATED: 09/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 12281 of 2021
With
CRIMINAL MISC.APPLICATION (FOR JOINING PARTY) NO. 1 of 2022
In
R/SPECIAL CRIMINAL APPLICATION NO. 12281 of 2021
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FAIJAL IQBALBHAI VAHORA Versus STATE OF GUJARAT ========================================================== Appearance:
MR BN LIMBACHIA(3454) for the Applicant(s) No. 1 NISHITH K JOSHI(9193) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR J. K. SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 09/03/2023 ORDER IN SPECIAL CRIMINAL APPLICATION NO.12281 OF 2021
1. This petition is filed under Article 226 of the Constitution of India, seeking quashing of the impugned order dated 03.12.2021 passed by Sub-
Divisional Magistrate, Kheda under Sections 133 and 138 of the Cr.P.C.
2. Heard learned advocates for the parties.
3. Learned Advocate Mr. B. N. Limbachia for the petitioner submitted that the petitioner has acquired all necessary permissions from concerned competent authorities at the time of Page 1 of 5 Downloaded on : Thu Mar 09 20:52:26 IST 2023 R/SCR.A/12281/2021 ORDER DATED: 09/03/2023 starting the poultry farm. The Department of Animal Husbandry issued necessary Certificate at the relevant point of time. Time and again the petitioner has raised issued as regards non-cooperation of Gram Panchayat officials. He also submitted that Gujarat Pollution Control Board officials had made a visit to the poultry farm of the petitioner and a report with regard to the compliance with prescribed guidelines had been prepared on dated 03.12.2021. He also referred to the Environmental Guidelines for Poultry Farms issued by the Central Pollution Control Board, Ministry of Environment, Forest and Climate Change, Government of India, to support his submissions. He submitted that the impugned orders passed by the respondent no.2 are unjust, perverse without application of mind based on wrong facts and mala fide in nature. He has prayed that present petition may be allowed.
4. On the contrary, learned APP Mr.J. K. Shah for Page 2 of 5 Downloaded on : Thu Mar 09 20:52:26 IST 2023 R/SCR.A/12281/2021 ORDER DATED: 09/03/2023 the Respondent-State submitted that the respondent no.2 has recorded that the said poultry farm is running without obtaining prior NOC issued by the Gujarat Pollution Control Board. He also referred to letter at Annexure-G to the petition, wherein it has been stated that Momin Poultry Farm runs without the prior sanction. He also submitted that business runs by the petitioner has created tremendous public nuisance and it is hazardous to the public health and there is serious threat to the public health. He also submitted that on account of poultry farm the villagers are facing serious local disturbances (i.e. odur, flies and rodents) and landscape degradation are typical local negative amenities in the surroundings of poultry farm. He therefore submitted that looking to the public health and larger interest the impugned order is just and legal and no interference by this Court is called for.
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5. Having heard the learned counsels for the respective parties, considering the facts and circumstances arising out of the present petition as well as taking into consideration the Environmental Guidelines of Poultry Farms, it appears that respondent no.2 has passed an order that prior sanction is necessary for the business run by the petitioner and the petitioner has challenged the legality and validity of the order passed by respondent no.2. The impugned order has been passed considering the larger public interest as well as health and safety of the villagers. That without obtaining the prior approval of Gujarat Pollution Control Board and other statutory authorities, the petitioner is running his business which causes serious local disturbances like odour, flies and rodents and landscape degradation are typical local negative amenities in the surrounding of poultry farms. It also appears that the Page 4 of 5 Downloaded on : Thu Mar 09 20:52:26 IST 2023 R/SCR.A/12281/2021 ORDER DATED: 09/03/2023 respondent no.2 has recorded that due to poultry farm, there is chicke waste, manure and chicken shavings, which is creating serious health issues as pathogens and bred and rodents and flies are increasing in the locality resultantly affecting the public health.
6. In view of the above and for the reasons stated above, present Special Criminal Application fails and same deserves to be dismissed and it is according dismissed. The impugned judgment and order of dated 03.12.2021 passed by the learned Sub Divisional Magistrate, Kheda is hereby confirmed. The interim relief, granted earlier, is extended for a period of 10 days from today.
ORDER IN CRIMINAL MISC. APPLICATION NO.1 OF 2021 In view of the order dated 09.03.2023 passed in main petition, present application does not survive and accordingly stands disposed of.
(SAMIR J. DAVE,J) MEHUL B. TUVAR Page 5 of 5 Downloaded on : Thu Mar 09 20:52:26 IST 2023