SUPREME COURT OF INDIA
P.N. BHAGWATI AND O. CHINNAPPA REDDY, JJ.
Gulshan Kallu and others, Petitioners
Versus
Zila Parishad, Etawah, U.P. and another, Respondents.
S. L. P. (Civil) No. 1900 of 1981, Civil Writ Petns. Nos. 1869-70 of 1981; Civil Writ Petn. No. 2005 of 1981; S. L. P. (Civil) Nos. 1931 and 2931 of 1981, D/- 12-8-1981.
AND
Hira Lal and another, Petitioners
Versus
Zila Parishad, Kanpur and others, Respondents.
AND
Bishamber Singh and another, Petitioners
Versus
Zila Parishad, Mukehya Adhikari, Muzafar Nagar, State of U.P. and others, respondents.
AND
Zila Parishad, Moradabad etc. etc. Petitioners
Versus
Laloo Ram and others etc., Respondents.
Constitution of India, 1950 - Articles 38, 39, 43 and 46 - Model Scheme for Carcass Utilisation - It is surprising that though a period of more than three months has elapsed, State of Uttar Pradesh has not supplied this information to us. We fail to understand this inaction on part of State Government in complying with the order of Court - Only inference which we can draw from the failure of State Government to give us this information is that Model Scheme for Carcass Utilisation at Village Panchayat Level has remained merely a paper scheme and it has not been implemented in Etawah district - If this be correct situation, it is a matter of regret that Model Scheme for Carcass Utilisation at Village Panchayat Level should not have been implemented - We fail to appreciate why any scheme of social welfare should be put forward by a Government unless it is intended to be implemented, because otherwise an impression may be created in the public mind that scheme is put forward only in order to beguile the masses and that would be injurious to democracy and rule of law - Held, It is clear that in addition to specific matters in which Commission has been directed to enquire by our Order Commission will also examine operation and effect of impugned bye-laws of Kanpur and Etawah Zilla Parishads in context of Directive Principles set out in Articles 38, 39, 43 and 46 of Constitution, requirement of public interest and decisions of this Court on right to live with human dignity within economic resources of State - Also direct office to supply to Commission on or before 14th August, 1981 two complete sets of Orders passed by Court from time to time in the Kanpur and Etawah petitions - Petitioners in Etawah Petition will also supply to Commission on or before 17th August, 1981 names of persons who according to petitioners are carrying on occupation of skinning dead animals in villages of Dhanopur, Rasulabad, Ahripur and Kalghara in Etawah District - We also direct learned counsel appearing on behalf of Petitioner in Kanpur and Etwah petitions to immediately instruct petitioners and others represented by them to offer their full co-operation to Commission and to supply whatever information is required by Commission - Orders accordingly.
Judgment
ORDER :- When Special Leave Petition (Civil) No. 1900 of 1981 came up for hearing before us on 27th April. 1981, we made an order directing the State of Uttar Pradesh to inform the Court as to how many centres have been set up in Etawah district under the Model Scheme for Carcass Utilisation at village panchayat level Annexure II to the affidavit in reply filed by Sh. Ram Naresh Pande, where they are situated what are the activities which are being carried out by these centres and what is the extent of such activities and how many persons are taking advantage of these centres. It is surprising that though a period of more than three months has elapsed, the State of Uttar Pradesh has not supplied this information to us. We fail to understand this inaction on the part of the State Government in complying with the order of the Court. The only inference which we can draw from the failure of the State Government to give us this information is that the Model Scheme for Carcass Utilisation at Village Panchayat Level has remained merely a paper scheme and it has not been implemented in the Etawah district. If this be the correct situation, it is a matter of regret that the Model Scheme for Carcass Utilisation at Village Panchayat Level should not have been implemented. We fail to appreciate why any scheme of social welfare should be put forward by a Government unless it is intended to be implemented, because otherwise an impression may be created in the public mind that the scheme is put forward only in order to beguile the masses and that would be injurious to democracy and the rule of law. We would how-ever give one more opportunity to the State Govt. to supply us this information before we draw any adverse inference against the State Government and we would therefore direct that this information should be given to the Court in an affidavit to be filed by the appropriate officer on or before 17th August, 1981. The information should also contain particulars in regard to any Skin flayers Co-operative Societies set up or organised under the Model Scheme for carcass Utilisation at Village Panchayat Level. We would direct that similar information in regard to Kanpur. Hardoi and Muzaffarnagar districts should also be supplied to the Court on or before 21st August. 1981
2. We also directed the State Government by our order dated 27th April, 1981 to inform us as to how many co-operative societies have been formed for the purpose of "Charma Shodhan". what are the categories of persons who are members of such co-operative societies and whether any persons who were originally carrying on business of skinning dead animals are members of such co-operative societies. Pursuant to this direction given by us. Ram Naresh Pande has filed an affidavit giving particulars in regard to twelve Co-operative Societies-Institutions working under the Khadi and Village Industries Board, Uttar Pradesh which are engaged in different aspects of leather industry. Though it is not so specifically stated we may take it that these are the co-operative societies formed for the purpose of charma shodhan. But the affidavit of Ram Naresh Pande does not state as to whether any skinning centres have been set up by the State Government or by the co-operative societies/institutions under the Khadi and Village Industries Board: what are the categories of persons who are members of these co-operative societies/institutions and whether any persons who were originally carrying on business of skinning dead animals are members of such co-operative societies or institutions. The State Government has failed to supply this information to us despite the specific direction contained in our Order dated 27th April, 1981. We would however give one more opportunity to the State Government to comply with this direction and we would therefore direct the State Government to supply this information to the Court on or before 17th August. 1981.
3. We also gave a direction in our Order date
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