DELHI HIGH COURT SETS COMPLIANCE CONDITIONS FOR MEAT SHOPS AT DABRI MOR FRUIT AND VEGETABLE MARKET

प्रकाशित:

व्यूज़: 164श्रेणी: General

1. FACT OF CASE

The petitioners are stall owners at Dabri Mor Fruit and Vegetable Market, New Delhi, engaged in selling fish, chicken, and mutton. Their stalls were allotted by the Delhi Development Authority (DDA), and they previously held licenses from the DDA and Municipal Corporation of Delhi (MCD) to operate their businesses. However, their licenses were later revoked. The petitioners approached the High Court, seeking permission to continue running their businesses and requested exemption from fresh license fees, asserting that they had already paid the required fees.

2. ISSUE BEFORE THE COURT

The main issue was whether the petitioners should be allowed to operate their meat, chicken, and fish shops at Dabri Mor, subject to compliance with the latest policy and regulatory requirements—especially Rule 91 of the Aircraft Rules, 1937—and whether they should be required to pay license fees again.

3. CONTENTIONS BY PETITIONERS

The petitioners argued that they are legally allotted stall owners, have paid the required license fees earlier, and their licenses were valid at the time of allotment.They submitted that the new MCD policy dated 20 December 2023 entitles them to renewal and grant of licenses under defined conditions. The petitioners cited a previous similar High Court judgment to support their plea. They stated their willingness to comply with all regulatory conditions, particularly those under Rule 91 of the Aircraft Rules, 1937, and confirmed that they do not slaughter large animals as prohibited. They sought exemption from payment of license fees again, owing to financial hardship.

4. CONTENTIONS BY RESPONDENTS

The respondents (MCD and DDA) stated that the licenses had been cancelled in compliance with previous court directions. They explained that clarification had been sought from the Director General of Civil Aviation regarding Rule 91 of the Aircraft Rules, which restricts open slaughter and waste that could attract birds within 10 km of any aerodrome.

5. LAW AND CASE LAW DISCUSSION

Rule 91 of the Aircraft Rules, 1937, prohibits open slaughtering or disposal of waste that can attract birds within a 10-kilometer radius of an aerodrome unless specific written permission is granted by appropriate aviation authorities, upon verification of adequate preventive measures. Various official communications reiterated the need for covered waste bins, strict waste management, no open slaughtering, and proper disposal of carcasses at night using covered vehicles. The MCD policy, as of 20 December 2023, prescribes detailed requirements for new and renewed licenses for these businesses.

6. COURT OBSERVED

The Court emphasized that petitioners are required to fully comply with Rule 91 of the Aircraft Rules, 1937. It repeated requirements for proper waste disposal, absence of open slaughter, covered bins, and regular inspection. The Court further noted that the petitioners must follow all the conditions set by DDA, DGCA, and MCD policy, and should be allowed to make representations with the assurance of a personal hearing and thorough inspection.

7. FINAL DIRECTION

The petitioners must submit their representations to the MCD and DDA authorities. The authorities are directed to consider withdrawal of the license revocations and de-seal the petitioners’ premises after examining their applications within four weeks. Coordination and personal hearings are to be ensured, and compliance inspections conducted. Licenses are to be restored/issued only if all conditions set in the MCD policy and Rule 91 of the Aircraft Rules, 1937, are met. No fresh license fee is to be demanded if already paid earlier. With these directions, the writ petitions and pending applications were disposed of, and the scheduled follow-up hearing date was cancelled.


DATE OF DECISION
09.09.2025
CASE NUMBER
W.P.(C) 3595/2025

टैग

लेखक के बारे में

Adv. Alok Kumar

Advocate, Delhi High Court & District Courts

LL.B., Faculty of Law, Delhi University

Alok & Associates (2A)

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