Rekhi, Ad vs MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents

Through: Mr. Vinay Kr. Garg, Sr. Adv. with Mr. K.K.L. Gautam, Ms. Vaishali Nariyala, Mr. Sumit and Mr. K.S. Rekhi, Advs. Mob: 9671356191 Email: [email protected] versus W.P.(C) 3595/2025 and other connected matters Page 1 of 17 MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Tushar Sannu, SC-MCD Mob: 9911991166 Sanjay Vashishtha, Mr. Mr. Siddhartha Goswami, Ms. Geetanjali Reddy and Mr. Aditya Sachdeva, Advs. for R-DDA Mob: 9999753811 Email: [email protected] 56 + W.P.(C) 3766/2025 & CM APPL. 56512/2025 MANISH GOSWAMI & ANR. .....Petitioners Through: Mr. Vinay Kr. Garg, Sr. Adv. with Mr. K.K.L. Gautam, Ms. Vaishali Nariyala, Mr. Sumit and Mr. K.S. Rekhi, Advs. Mob: 9671356191 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Tushar Sannu, SC-MCD Mob: 9911991166 Mr. Sanjay Vashishtha, Mr. Siddhartha Goswami, Ms. Geetanjali Reddy and Mr. Aditya Sachdeva, Advs. for R-DDA Mob: 9999753811 Email: [email protected] 57 + W.P.(C) 3767/2025 & CM APPL. 56526/2025 SUSHILA GIRSA .....Petitioner W.P.(C) 3595/2025 and other connected matters Page 2 of 17 Through: Mr. Vinay Kr. Garg, Sr. Adv. with Mr. K.K.L. Gautam, Ms. Vaishali Nariyala, Mr. Sumit and Mr. K.S. Rekhi, Advs. Mob: 9671356191 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Tushar Sannu, SC-MCD Mob: 9911991166 Mr. Sanjay Vashishtha, Mr. Siddhartha Goswami, Ms. Geetanjali Reddy and Mr. Aditya Sachdeva, Advs. for R-DDA Mob: 9999753811 Email: [email protected] 58 + W.P.(C) 3896/2025 & CM APPL. 56510/2025 SUMAN .....Petitioner Through: Mr. Vinay Kr. Garg, Sr. Adv. with Mr. K.K.L. Gautam, Ms. Vaishali Nariyala, Mr. Sumit and Mr. K.S. Rekhi, Advs. Mob: 9671356191 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Tushar Sannu, SC-MCD Mob: 9911991166 Ms. Latika Malhotra, Adv. for R- DDA Mob: 9811895162 Email: [email protected] W.P.(C) 3595/2025 and other connected matters Page 3 of 17 Mr. Sanjay Vashishtha, Mr. Siddhartha Goswami, Ms. Geetanjali Reddy and Mr. Aditya Sachdeva, Advs. for R-DDA Mob: 9999753811 Email: [email protected] 59 + W.P.(C) 3972/2025 & CM APPL. 56514/2025 HORIL PRASAD .....Petitioner Through: Mr. Vinay Kr. Garg, Sr. Adv. with Mr. K.K.L. Gautam, Ms. Vaishali Nariyala, Mr. Sumit and Mr. K.S. Rekhi, Advs. Mob: 9671356191 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Tushar Sannu, SC-MCD Mob: 9911991166 Mr. Anil Sharma and Mr. Puneet Yadav, Advs. for R-DDA (Through VC) Mob: 9999388384 Email: [email protected] 60 + W.P.(C) 4449/2025 & CM APPL. 56527/2025 JEESHAN ALI .....Petitioner Through: Mr. Vinay Kr. Garg, Sr. Adv. with Mr. K.K.L. Gautam, Ms. Vaishali Nariyala, Mr. Sumit and Mr. K.S. Rekhi, Advs. Mob: 9671356191 Email: [email protected] versus W.P.(C) 3595/2025 and other connected matters Page 4 of 17 MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Tushar Sannu, SC-MCD Mob: 9911991166 Ms. Latika Malhotra, Adv. for R- DDA Mob: 9811895162 Email: [email protected] 61 + W.P.(C) 4527/2025 & CM APPL. 56525/2025 LAKHPATI DEVI .....Petitioner Through: Mr. Vinay Kr. Garg, Sr. Adv. with Mr. K.K.L. Gautam, Ms. Vaishali Nariyala, Mr. Sumit and Mr. K.S. Rekhi, Advs. Mob: 9671356191 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Tushar Sannu, SC-MCD Mob: 9911991166 Ms. Latika Malhotra, Adv. for R- DDA Mob: 9811895162 Email: [email protected] 62 + W.P.(C) 5062/2025 & CM APPL. 56522/2025 VIRMATI DEVI .....Petitioner Through: Mr. Vinay Kr. Garg, Sr. Adv. with Mr. K.K.L. Gautam, Ms. Vaishali Nariyala, Mr. Sumit and Mr. K.S. Rekhi, Advs. Mob: 9671356191 W.P.(C) 3595/2025 and other connected matters Page 5 of 17 Email: [email protected] versus MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Tushar Sannu, SC-MCD Mob: 9911991166 Sanjay Vashishtha, Mr. Mr. Siddhartha Goswami, Ms. Geetanjali Reddy and Mr. Aditya Sachdeva, Advs. for R-DDA Mob: 9999753811 Email: [email protected] 73 + W.P.(C) 5102/2025 & CM APPL. 56653/2025 RAJESH MISHRA .....Petitioner Through: Mr. Vinay Kr. Garg, Sr. Adv. with Mr. K.K.L. Gautam, Ms. Vaishali Nariyala, Mr. Sumit and Mr. K.S. Rekhi, Advs. Mob: 9671356191 Email: [email protected] versus THE MUNICIPAL CORPORATION OF DELHI & ANR. .....Respondents Through: Mr. Tushar Sannu, SC-MCD Mob: 9911991166 Ms. Latika Malhotra, Adv. for R- DDA Mob: 9811895162 Email: [email protected] W.P.(C) 3595/2025 and other connected matters Page 6 of 17 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA MINI PUSHKARNA, J. (ORAL) CM APPL. 56524/2025, CM APPL. 56511/2025, CM APPL. 56512/2025, CM APPL. 56526/2025, CM APPL. 56510/2025, CM APPL. 56514/2025, CM APPL. 56527/2025, CM APPL. 56525/2025, CM APPL. 56522/2025 & CM APPL. 56653/2025

1. The present applications have been filed on behalf of the petitioners seeking permission to run and sell fish, chicken and mutton in the stalls in question, at the Dabri Mor Fruit and Vegetable Market. 2. Learned Senior Counsel appearing for the petitioners submits that the petitioner have been engaged in the business of selling fish, chicken and mutton in different shops at the Dabri Mor Pocket 20C, Palam Road, New Delhi. It is submitted that the petitioners are the legal owners of the thadas/units/stalls, which have been duly allotted by the Delhi Development (cid:36)(cid:88)(cid:87)(cid:75) (cid:82)(cid:85)(cid:76) (cid:87)(cid:92)(cid:3) (cid:11)(cid:179)(cid:39)(cid:39)(cid:36)(cid:180)(cid:12)(cid:3) (cid:87)(cid:82)(cid:3) (cid:87)(cid:75) (cid:72)(cid:3) (cid:83)(cid:72)(cid:87)(cid:76) (cid:87)(cid:76) (cid:82)(cid:81)(cid:72)(cid:85)(cid:86)(cid:17) 3. It is submitted that in terms of the Master Plan of Delhi 2021, a License to the meat shops running on the ground floor of residential areas, up to maximum of 20 sq. metres, are allowed. Thus, it is submitted that Muni(cid:70)(cid:76) (cid:83)(cid:68)(cid:79)(cid:3) (cid:38)(cid:82)(cid:85)(cid:83)(cid:82)(cid:85)(cid:68)(cid:87)(cid:76) (cid:82)(cid:81)(cid:3) (cid:82)(cid:73)(cid:3) (cid:39)(cid:72)(cid:79)(cid:75) 20th December, 2023, in terms of which license is granted to sell meat (cid:76) (cid:3) (cid:11)(cid:179)(cid:48)(cid:38)(cid:39)(cid:180)(cid:12)(cid:3) (cid:75) (cid:68)(cid:86)(cid:3) (cid:81)(cid:82)(cid:87)(cid:76) (cid:73)(cid:76) (cid:72)(cid:71)(cid:3) (cid:68)(cid:3) (cid:81)(cid:72)(cid:90)(cid:3) (cid:51)(cid:82)(cid:79)(cid:76) (cid:70)(cid:92)(cid:3) (cid:71)(cid:68)(cid:87)(cid:72)(cid:71)(cid:3) subject to completion of all the terms and conditions as per the policy. 4. Learned Senior Counsel appearing for the petitioners relies upon the Policy of the MCD, which has been issued vide Office Order dated 20th December, 2023, by the Department of Veterinary Services, and relies upon Clause C of the said Policy. By relying upon the aforesaid Policy, learned Senior Counsel appearing for the petitioners submits that the petitioners are covered under the said Policy, and therefore, must be allowed to run their W.P.(C) 3595/2025 and other connected matters Page 7 of 17 respective business from their allotted units. 5. Learned Senior Counsel appearing for the petitioners submits that the petitioners are ready to approach the MCD, and shall comply with all the directions as given by the MCD, in accordance with law. 6. Learned Senior Counsel appearing for the petitioners submits that the petitioners initially had Licenses from the DDA and the MCD, for running their businesses from their respective units. However, the same were subsequently withdrawn, as per the Policy prevailing at that point of time. 7. Learned Senior Counsel appearing for the petitioners submits that the petitioners have deposited fees of Rs. 7500/-, towards grant of License on various occasions, however, the applications of the petitioners have been rejected. He submits that the petitioners are poor people, thus, in case, the petitioners are to approach the respondents, they may be exempted from filing the fees. 8. Learned Senior Counsel for the petitioners relies upon the judgment dated 12th August, 2025, passed by this Court, in W.P.(C) 12160/2025, titled (cid:68)(cid:86)(cid:3) (cid:179)Umar Sarif Versus Government of NCT of Delhi and Ors.(cid:180)(cid:15)(cid:3) (cid:87)(cid:82)(cid:3) (cid:86)(cid:88)(cid:69)(cid:80)(cid:76) (cid:87)(cid:3) that the cases of the petitioners herein are also covered by the said judgment. 9. Issue notice. Notice is accepted by learned counsels appearing for the respondents, i.e., the MCD and the DDA. 10. Learned counsels appearing for the respondents submit that action was taken for cancelling the Licenses of the petitioners, in terms of the directions of the Court. 11. Learned counsels appearing for the respondents also point out that the letter for clarification was written to the Director General of Civil Aviations, seeking clarifications. W.P.(C) 3595/2025 and other connected matters Page 8 of 17

12. At this stage, learned Senior Counsel appearing for the petitioners submits that the petitioners are ready to comply with all the requisite directions issued by the MCD in this regard, for the purposes of de-sealing. He further submits that the petitioners are willing to subject themselves to the terms, as may be put by the MCD, in this regard. 13. Learned Senior Counsel appearing for the petitioners further submits that the petitioners are not slaughtering any mutton or big animals, which are prohibited under Rule 91 of the Aircraft Rules, 1937. He submits that the petitioners shall comply with all the compliances in terms of Rule 91 of the Aircraft Rule, 1937. 14. Having heard learned counsels appearing for the parties, this Court notes that Rule 91 of the Aircraft Rules, 1937 reads as under: (cid:179)91. Prohibition of slaughtering and flaying of animals, depositing of rubbish and other polluted or obnoxious matter in the vicinity of aerodrome. (cid:177) No person shall slaughter or flay any animal or deposit or drop any rubbish, filth, garbage or any other polluted or obnoxious matter including such material from hotels, meat shops, fish shops and bone-processing mills which attracts or is likely to attract vultures or other birds and animals within a radius of ten kilometers from the aerodrome reference point : Provided that the Director-General, a Joint Director General of Civil Aviation or a Deputy Director General of Civil Aviation may, if he is satisfied that proper and adequate arrangements have been made by the owners of hotels, meat shops, fish shops and bone processing mills so as to prevent attraction of vultures or other birds and animals, having regard to the vicinity of place of slaughter from the aerodrome, arrangements for disposal or deposit of carcass, rubbish and other polluted and obnoxious matter, grant permission in writing for the purpose.(cid:180)

15. Perusal of the aforesaid Rule categorically shows that no person shall slaughter or flay any animal or deposit or drop any rubbish, filth, garbage or any other polluted or obnoxious matter, including, such material which attracts or is likely to attract vultures or other birds and animals within a W.P.(C) 3595/2025 and other connected matters Page 9 of 17 radius of ten kilometers from the aerodrome reference point. The said Rule further provides that if the Director General or the Joint Director General of Civil Aviation or Deputy Director General of Civil Aviation, as the case may be, is satisfied that proper and adequate arrangements have been made by the owners of the meat shops/fish shops etc., so as to prevent attraction of vultures or other birds and animals having regard to the vicinity of place in question from the aerodrome, then permission in writing for that purpose can be granted. 16. This Court notes the letter dated 20th September, 2018, issued by the DDA, Commercial Estate Branch, wherein, with regard to compliances in accordance with Rule 91 of Aircraft Rules, 1937, it is stated as follows: (cid:179)(cid:91)(cid:91)(cid:91)(cid:3) (cid:91)(cid:91)(cid:91)(cid:3) (cid:91)(cid:91)(cid:91) Please refer to your letter dated 30.08.2018 on the subject noted above. In this connection, I am to inform you that the matter for running/selling of Fish/Chicken/Mutton in Dabri Mori Fruit & Vegetable Market has been considered by the Competent Authority and has granted permission for selling of Fish/Chicken/Mutton on the ground that the allottee were doing the same business prior to allotment in this site after re-sitement and further subject to fulfilling of Rule 91 of the Aircraft Rule 1937. In addition to above, the said permission for selling of 2. Chicken/Mutton/Fish is subject to furnishing of an Indemnity Bond for compliance on the following in accordance with the Rule 91 of Aircraft Rule 1937:- i). The drainage system should be properly managed. ii). The disposal bins/drums are completely covered individually apart from the whole area being covered with proper covering material. iii). No slaughter of chicken/fish is to be done in open area. iv). The Disposal of carcass, other waste, material is to be stored properly in drums during the day time and only in the night i.e. after 9.00 p.m. they are to be disposed by the covered vehicle. v). There should be no scope of any vultures or any other birds W.P.(C) 3595/2025 and other connected matters Page 10 of 17 being attracted by any sort of waste material from the business carried out by the allottee/occupant. It is also informed you that a periodical survey would be conducted by the team consisting of Officers of DDA, ATC, SDMC & Association by the Fruit & Vegetable Market, Dabri More to Check for compliance of Rule 91 by all concerned and in case of violation, the allotment would be liable to be cancelled. The Association namely M/s Shiv Market Phal-Subzi Mandi, 4. Main Dabri Mor, New Delhi would ensure that proper arrangement if further needed for disposal or deposit of carcass/any other polluted and obnoxious mater to ensure that no vultures/birds are attracted towards this market. (cid:91)(cid:91)(cid:91)(cid:3) (cid:91)(cid:91)(cid:91)(cid:3) (cid:91)(cid:91)(cid:91)(cid:180) (Emphasis Supplied)

17. Perusal of the aforesaid letter issued by the DDA shows that there is a clear requirement that no slaughter of chicken/fish is to be done in open area. Further, the disposal of the carcass and other waste material is to be stored properly in drums during the day and only in the night after 9 p.m., the said waste material is to be disposed of, by covered vehicle. Thus, the petitioners would be required to comply with all these directions and ensure that the disposal of carcass and other waste material is stored properly and no slaughter of chicken/fish is done in an open area. Further, the petitioners would also have to ensure that there is no scope of any vultures or other birds being attracted or any sort of waste material from the business being carried out by the allottee/occupants. 18. Therefore, the petitioners are enjoined upon to comply with all these directions with respect to compliances in terms of Rule 91 of Aircraft Rules,

1937. 19. This Court also notes the letter dated 29th May, 2018, issued by the Office of the Director General of Civil Aviation, which reads as under: W.P.(C) 3595/2025 and other connected matters Page 11 of 17

20. Perusal of the aforesaid letter shows that the Civil Aviation Department, Government of India has already clarified that the slaughtering of animals is prohibited under Rule 91 of the Aircraft Rule, 1937, within a radius of 10 kilometers from aerodrome. Further, the Civil Aviation Department has also clarified that individual shop owners, who do business in small scale, may dispose waste from shop, in a manner as required by the Aircraft Rule, 1937. Thus, the Office of the Director General of Civil Aviation, Civil Aviation Department, Government of India, has clarified that W.P.(C) 3595/2025 and other connected matters Page 12 of 17