Judgment : (B.P. Dharmadhikari, J.) 1. Rule. Heard forthwith by consent of parties. 2. Petitioner, a Society, seeks relief of direction to respondent Authorities to grant licence in respect of a slaughter house on land survey number 22/5, PH No. 19, mouza Ajni, tahsil Kamptee, District Nagpur in accordance with the provisions of Section 268 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as the “1965 Act”). 3. Mr Hussain, learned counsel appearing for petitioner submits that provisions of Section 268 of the 1965 Act empower respondent no. 1 Municipal Council to grant permission or licence for establishment of municipal slaughter house or a private slaughter house. He further states that petitioner had applied for building permission to Gram Panchayat, Ajni (respondent no. 3) within whose area such slaughter house is to come up. He submits that in view of provisions relating to deemed sanction contained under Section 52 of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as the “1958 Act”), petitioner is in position to raise slaughter house in that area. He, however, states that it must be licenced by Municipal Council and permitted by it as per the provisions of Section 268 of the 1965 Act. He takes support from the judgment in the case of Rajesh Jaywantrao Makode & ors v. State of Maharashtra reported at 2001 (4) ALL MR 422. 4. Mr A.M. Quazi, learned counsel for respondent no. 1; Mr V. A. Thakare, learned AGP appearing for respondent no. 2 and Mr R. Dhoble, learned counsel appearing for respondent no. 3 are opposing the petition. Mr Issac learned counsel appearing for some of the residents is seeking time to file application for intervention. 5. Learned counsel appearing for respective respondents submit that provisions of Section 268 of 1965 Act cannot be permit Municipal Council to encroach upon the right of Village Panchayat under Section 52 of the 1958 Act. 6. With the assistance of respective learned counsel, we have perused relevant provisions. Gram Panchayat, Ajni has been added as respondent no. 3 by amendment. The question whether petitioner has got deemed sanction from said Village Panchayat is not squarely raised in present writ petition. According to learned counsel for respondent no. 3, the proposed slaughter house of petitioner will be in thickly populated area and hence, no commercial activity or industrial activity can be permitted there. 3 by amendment. The question whether petitioner has got deemed sanction from said Village Panchayat is not squarely raised in present writ petition. According to learned counsel for respondent no. 3, the proposed slaughter house of petitioner will be in thickly populated area and hence, no commercial activity or industrial activity can be permitted there. Advocate Issac is supporting Advocate Dhoble. 7. Perusal of Sections 268 and 269 of the 1965 Act shows that same appear in Chapter XX dealing with Markets, Slaughter-Houses, Trades and Occupations. Section 269 deals with restriction on slaughter of animals for sale and provides that no person can, without written permission of the Chief Officer, slaughter or cause to be slaughtered any animal for sale or supply of meat in the municipal area except in a municipal slaughterhouse or a licensed private slaughter house. Sub-section (2) of Section 269 provides for punishment for contravention of any provision of sub-section (1). Section 268 of the Act is about slaughter-houses etc. beyond municipal area. Its sub-section (1) makes it lawful for Municipal Council to establish a municipal slaughter-house or to licence a private slaughter house beyond limits of municipal area with the sanction of Collector. If such sanction is given, the slaughter house outside municipal area then becomes subject to all provisions of the 1965 Act or Bye-laws in force thereunder relating to such slaughter houses as if they were within the municipal area. Sub-section (2) enables the Municipal Council to prohibit import into municipal area of meat except of animals slaughtered at a municipal slaughter-house or slaughter-house licenced by it under subsection (1). 8. Thus, the provisions of Section 268 of the 1965 Act are enabling provisions. The Municipal Council can, therefore, establish municipal slaughter-houses or licence private slaughterhouses beyond the municipal limits with the sanction of the Collector. If sanction of Collector is granted, then all provisions of 1965 Act and of by-laws in force thereunder relating to such slaughter-houses apply to such slaughter houses though the same are beyond municipal area. However, this enabling provision is not meant to dilute rights of any other Local Authority, if such slaughter-house is beyond municipal area and is to come up within its area. Thus, respondent no. 3 is well within its right in opposing establishment of slaughter-house in its area. However, this enabling provision is not meant to dilute rights of any other Local Authority, if such slaughter-house is beyond municipal area and is to come up within its area. Thus, respondent no. 3 is well within its right in opposing establishment of slaughter-house in its area. Moreover, the Collector while granting sanction to such slaughter-house to be constructed or licensed by Municipal Council has also to look into the provisions of other enactments which regulate the activity of construction or slaughter therein. 9. We are, therefore, not in position to hold that petitioner can ask Municipal Council to permit it to construct or establish a slaughter-house in an area of respondent no. 3 Gram Panchayat. If the building for housing slaughter-house is constructed as per the relevant development rules and regulations as also with due sanction from the Gram Panchayat within the area of Gram Panchayat, Ajni, then the petitioner can apply for grant of permission/licence to the Municipal Council subject to compliance with the provisions of Section 268 of the 1965 Act. 10. We, therefore, find that grievance as made is misconceived. Petition is accordingly dismissed. Rule discharged with no order as to costs.