A PIL challenging a poultry farm was dismissed by the Bombay High Court as devoid of merit due to lack of evidence regarding public health hazards, illness, casualty, or statutory violations, despite a clean inspection report.
The PIL petition stands dismissed. No order as to costs.
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19-PIL.33.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 33 OF 2022
Rahul @ Surendra Bhagwan } Shitole } Petitioner Versus The CEO, Vita Nagarparishad } and Ors. } Respondents
Mr. Laxman K. Kalel for the petitioner.
Mr. P. P. Kakade, Government Pleader with Mr. M. M. Pable, AGP for State.
Mr. Siddharth Shitole for respondent no. 3.
CORAM: DIPANKAR DATTA, CJ & M. S. KARNIK, J.
DATE: JUNE 16, 2022
P.C.:
1. In compliance with the order dated 17th March 2021 passed by a coordinate Bench of this Court, the poultry farm of the respondent no. 3 was inspected by 4 (four) officers of the Government of Maharashtra. The officers, upon thorough inspection of the poultry farm of the respondent no. 3, have submitted a report dated 1st April 2021, which is placed on record by Mr. Kakade, learned Government Pleader and marked ‘X’ for identification.
2. We have perused the report. The officers have observed that the poultry farm was clean and close observation of the birds (hens) revealed no infestation of fleas, flies and mosquitoes. Any kind of foul odour was not observed.
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J.V.Salunke,PS
19-PIL.33.2022
The birds were found to be in healthy condition and eggs were also preserved properly.
3. Copy of the report has been shared with Mr. Kalel, learned advocate for the petitioner. He has drawn our attention to the last paragraph of the report, where it has been observed that since the inspecting officers are not experts on the subject of human health, they have refrained from commenting on any issue related to public health hazard.
4. Having considered the submission of Mr. Kelel, we had an occasion to peruse the pleadings. Although there is a general statement that the poultry farm poses a threat to public health and hygiene, there is no reference to any single instance of any member of civil society having suffered any ailment, not to speak of casualty, because of operation of the poultry farm by the respondent no. 3. Also, there is no reference to violation of any statutory provision.
5. Regard being had to such state of affairs, we are of the clear opinion that no order to restrain the respondent no. 3 from operating the poultry farm can be passed on this PIL petition.
6. Being devoid of merit, the PIL petition stands dismissed. There shall be no order as to costs.
SALUNKE J V
Digitally signed by SALUNKE J V Date: 2022.06.16 20:22:28 +0530
(M. S. KARNIK, J.) (CHIEF JUSTICE)
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J.V.Salunke,PS
1 issue framed by the court
Whether a public interest litigation petition can succeed without evidence of specific harms, casualties, or violations of statutory provisions resulting from the operation of a poultry farm.
Rahul @ Surendra Bhagwan Shitole
The CEO, Vita Nagarparishad
Dipankar Datta
M. S. Karnik
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
