1. Dispute over the impact of a slaughterhouse on cattle population and compliance with state animal preservation and cow slaughter prohibition laws. (Para 1 , 2 )
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1997 Supreme(SC) 463
1997(3) Supreme 224
SUPREME COURT OF INDIA
B.P. Jeevan Reddy & Suhas C. Sen, JJ.
Akhil Bharat Goseva Sangh etc. -Appellants
versus
State of Andhra Pradesh & Ors. -Respondents
Civil Appeal No. 3968 of 1994
With
Civil Appeal Nos. 3964-67 of 1994
With
Interlocutory Application No. 5
Decided on 12-3-1997
Counsel for the Parties :
Appearing for the Parties : Dr. A.M. Singhvi, U.N. Bhachawat, Gopalasubramaniam, G.L. Sanghi, N.N. Goswamy, Sr. Advocates, B.S. Banthia, P.K. Bansal, P.K. Joshi, Jasraj Shrishrimal, R. Santhanakrishanan, Harminder Mohan Singh, S.K. Mehta, Dhruv Mehta, Fazlin Anam, T. Anil Kumar, Nikhil Nayyar, T.V.S. Narsimhachari, Ms. Binu Tamta, S.N. Terdol and C.V. Subba Rao, Advocates.
The court held that assessing a slaughterhouse's impact on cattle population requires current, post-operational data. It highlighted the contradiction between animal preservation laws prohibiting the slaughter of productive animals and the high-quality beef requirements for exports, necessitating a fresh, evidence-based report before final adjudication.
Headnote:ENVIRONMENT LAW - This order to be read in continuation of order of this Court dated 25.10.1994 -Government of India should be called upon to send a fresh Report after studying impact and effect of working of Al-Kabeer upon buffalo population of Telengana region of Andhra Pradesh and also of areas adjacent to Al-Kabeer, two years after commencement of its operations-No order can be passed on basis of Report now submitted-It being based upon statistics/census figures of cattle population including buffalo population for the period 1987 to 1993-Central Government to submit its Report within six months-w.e.f. 1-4-1997, Al-Kabeer shall function only at half the installed capacity and not at its full installed capacity-Government of India, State Government and A.P. Pollution Control Board shall ensure compliance with this direction. (Paras 6 & 7)
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Table of Contents
2. Appellants allege cattle depletion and statutory violations; respondents argue the project is a cleared export promotion scheme under the Agricultural Processing Export Development Authority Act, 1986. (Para 3 , 4 , 5 )
3. The court found the government's statistical data irrelevant, the reliance on an unauthorized report flawed, and a contradiction between export quality requirements and animal preservation laws. (Para 6 )
4. Impact assessments must be based on post-operational data to be valid and must align with statutory prohibitions on slaughtering productive animals. (Para 6 )
5. The court directed the submission of a fresh report and ordered the slaughterhouse to operate at half capacity. (Para 6 , 7 )
6. When is statistical data considered relevant for assessing the impact of an industrial unit on livestock population?
Data is relevant only if it reflects the position after the unit has been operational for a sufficient period to accurately assess the actual impact and depletion. (Para 6 )
7. How does the requirement for export-quality beef conflict with animal preservation laws prohibiting the slaughter of productive cattle?
Laws prohibiting the slaughter of animals economical for breeding, drought, or milk leave only old and infirm animals, which are unsuitable for the high-quality beef required for export. (Para 3 , 6 )
8. What is the effect of a government report relying on data from an unauthorized official?
Reliance on a report that has been disowned as unauthorized by the relevant state government vitiates the findings of the report submitted to the court. (Para 3 , 6 )
JUDGMENT
B.P. Jeevan Reddy, J.-This order may be read in continuation of our order dated October 25, 1994. By the order aforesaid, we had requested the Central Government to look into all relevant aspects as directed by the High Court of Andhra Pradesh in its judgment dated November 16, 1991 and to record its opinion with reasons. The said record was directed to be placed before this Court for consideration for passing of further orders.
2. The Central Government is said to have constituted an inter-ministerial committee headed by Sri C.K. Basu, Joint Secretary, Ministry of Food Processing Industries. The Committee comprised three other members, viz., Sri Shyam Lal, Director, Ministry of Environment and Forests, Sri N. Kondaiah, Joint Commissioner, Department of Animal Husbandry and Dairying, Ministry of Agriculture and Dr. G.S. Singh, Deputy Commissioner, Ministry of Food Processing Industries. The said Committee has submitted a Report, Paragraph 11 whereof states its conclusions in the following words:
"11. Conclusions
In the light of the foregoing discussions, the Committee is of the opinion that:
(i) with regard to the pollution of air and water the suggestions and recommendations made by the Krishnan Committee as well as the expert opinion contained in it are good and are acceptable. The Government of India in the Ministry of Environment and Forests have already accepted the same and the steps to implement have already been taken. The Environment Audit Report along with the Environmental Management Firm Report along with the Environmental Management Plan prepared by the company are acceptable. However, regular monitoring of pollution of air and water need to be continued by the Company itself as well as periodic checking by the Andhra Pradesh State Pollution Control Board.
(ii) the Krishnan Committee s assumption and apprehensions on depletion of Cattle due to establishment of M/s. Al-Kabeer s slaughter house are not based on correct scientific analysis and adequate reasoning, and therefore, are not acceptable. From the facts and analysis in the foregoing paras it is obvious that amongst the bovine animals, the project of M/s. Al-Kabeer is to utilise only the unproductive buffaloes and not cow & its progeny. In fact, adequate number of unproductive buffaloes are and will be available for the use in this slaughter house and other slaughter houses in Andhra Pradesh.
(iii) the Krishnan Committee s suggestion of State Government taking over the M/s. Al-Kabeer slaughter house for supply of meat for domestic requirement goes contrary to the objective of giving permission for setting up of abattoir by M/s. Al-Kabeer, as well as Government of India s programmes for increase of export of meat and meat products. There is, however, need for modernising with existing abattoirs in the State for which the State Government may take appropriate steps separately.
(iv) the suggestion of Krishnan Committee of company undertaking effective programme to raise feed cattle for meeting 50% requirement of the abattoir is not practicable and therefore, is not acceptable. However, as per the terms of license, the company should prepare a plan in consultation with the State Government and take up its implementation in conjunction with the State Government for promoting better animal husbandry practices."
3. The appellants have filed a number of objections to the said Report. We shall briefly deal with the main objections :
(1) In Paragraph 10.11 of the Report, reliance is placed upon 15th quienquennial live-stock Census 1993 prepared by the Directorate of Economics and Statistics, Government of Andhra Pradesh [Annexure VI to the Report]. [According to the learned counsel for the Central Government, the said Report reflects the position upto September-October, 1993.] According to the Report, the buffalo population has increased by 4.28 percent between 1987 and 1993. In ot
