1999 PLP 154 (YLR)

Nazar Jan son of Ali Jan Senior Vice President "Anjuman‑e‑Qasaban" Bannu City and two others brought a suit against Municipal Committee Bannu. through its Administrator and Chief Officer etc. for a declaration to the effect that while slaughtering their animals in the Butchery of Municipal Committee Bannu, they were entitled to take away the blood of the animals shed during the process. The declaration was accompanied by a. claim of permanent injunction to the effect that the Committee be restrained from laying claim over such blood.

2. The Committee claimed that under section 3(45), the blood in question was a refuse material and under section 57(4) of the N.‑W.F.P. Local Government Ordinance, 1979, it was the property of the Committee and hence it was entitled to possess and dispose of the same in any manner that it deemed suitable.

3. After going through the above sections of law, I have observed that a material is refuse material within the contemplation of section 3(45) of the Ordinance if it happens to be a waste material. The moment it loses the character of being a waste material, it ceases to be a refuse material. In the present times the blood of animals has become a very useful material because of being used in the preparation of poultry feed.

4. So long as a material is useful one, it can be taken away by the butchers as their property but so long as they do not collect it and leave it on the spot, it remains a refuse and waste material which, the Municipal Committee is at liberty to take, possess or dispose of in any manner it likes. In such state of affairs when the butchers want to take away the blood by resorting to all the hygeinic measures under the rules, it would remain their property.

5. Similar point had arisen before the Lahore High Court in L.P.A. # 32/72 (W.P. # 1108 of 1971) Shabbir Ahmed & 77 others v. Lahore Corporation decided on 11‑7‑1973 wherein it was held that the Municipal Corporation had no authority to prohibit the butchers from removing the blood.

6. Again the similar point was raised before a single Bench of Karachi High Court in Meat and Cattle Merchant Association Karachi v. Karachi Municipal Corporation, wherein it was observed, while deciding a matter of temporary injunction, that apparently, at the relevant stage, it was the job of the Municipal Corporation to dispose of the waste blood but if blood of animals slaughtered by butchers can be collected by them without contravention of any rules, regulations or by‑laws, could they be deprived of their property, was a question that was left to be decided by the Trial Court. Meaning thereby, that if the blood can be taken by the butchers by not violating the rules of hygiene, it remains their property which they cannot be deprived of.

7. Again the matter came up before the Hon'ble Supreme Court in Muhammad Iqbal Qureshi and others v. Mayor, Hyderabad Municipal Corporation (1992 SCMR 857). In this detailed judgment it was observed that meat and blood are the end products of a slaughtered animal and the same belong to the owner of the animal and further that the owner cannot be deprived of it without compensation as provided in Article 24 of the Constitution. The Court further observed that if the owner of the animal leaves the blood on the floor or in the drains of the slaughter house, it becomes waste blood warranting removal of the same by Municipal Corporation.

8. I have already held in the early part of this judgment that in the state of affairs that prevail today, the blood of animals so slaughtered has become a useful material and, thus, owners cannot be deprived thereof and it cannot be termed as a "refuse".

9. The suit of the plaintiffs in the instant case was decreed by the learned Civil Judge, Bannu on 31‑7‑1995 and the same was upheld by the learned Additional District Judge, Bannu on 15‑11‑1995. In view of my observations, the instant civil revision filed by Municipal Committee is hereby dismissed with remarks that the blood of slaughtered animals is the property of the owners in case they want to collect and take the same away by resorting, of course, to all the rules of hygiene under the law. This judgment and the concurrent findings of the Courts below shall not be a hurdle in the way of the Municipal Committee, Bannu if it arrives at a settlement with the butchers regarding the purchase of the blood. Revision dismissed. Q.M.H./M.A.K./334/P