The Court was considering a plea challenging the decision of a District Magistrate refusing to grant a no objection certificate to the petitioner for continuing to operate a mutton shop from his house which was situated 105 m from the banks of the river Ganga.
The petitioner claimed that he had been running the shop since 2006 but in 2016, he received a notice from the Zila Panchayat, Uttarkashi to shift his shop within 7 days as it was violative of some by-laws which prohibit meat shops within a 500 meter radius from the riverbank.
It was contended that after the Food Safety and Standard (FSS)Act, 2016 was enacted , the jurisdiction of the Zila Panchayat has ceased to operate and it has no authority to grant or reject a license for running the petitioner’s shop.
Therefore, he sought orders setting aside the order of the District Magistrate and declaring that the FSS Act, 2006 shall have an overriding effect on the by-laws issued by the Zila Panchayat.
Source: Barandbench
