Akhil Bharat Goseva Sangh vs State Of A. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1994 Supreme(SC) 1070

SUPREME COURT OF INDIA
BEFORE B.P. JEEVAN REDDY AND SUHAS C. SEN, JJ.
AKHIL BHARAT GOSEVA SANGH AND OTHERS
Versus
STATE OF A.P. AND OTHERS.
Civil Appeal No. 3968 of 1994 with Nos. 3964-3967 of 1994 {From the Judgment and Order dated 6-4-1993 of the Andhra Pradesh High Court in W.P. No. 10454 of 1992}
Decided on 25-10-1994
Advocates appeared:
U.N. Bachawat, Senior Advocate (Jasraj Shrishrimal, B.S. Banthia and H.M. Singh, Advocates, with him) for the Appellants; V.R. Reddy, Additional Solicitor General, Ashok H. Desai, Soli J. Sorabjee, Gopal Subramanium, E. Manohar and J.D. Jain, Senior Advocates (Dhruv Mehta, Aman Vachher, S.K. Mehta, Nikhil Nayyar, T.V.S.N. Chari, C.V.S. Rao and Hemant Sharma, Advocates, with them) for the Respondents.

Advocates:
AMAN VACHHER, ASHOK DESAI, B.S.BANTHIA, C.V.SUBBA RAO, Dhruv Mehta, E.Manohar, GOPAL SUBRAMANIUM, H.M.SINGH, HEMANT SHARMA, J.D.JAIN, Jasraj Shri Shrimal, NIKHIL NAYAR, S.K.MEHTA, SOLI J.SORABJI, T.V.S.N.Chari, U.N.BACHHAVAT, V.R.REDDY

Headnote:
Industries Act, 1951 - Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 - Sections 5 and 6 - Andhra Pradesh Gram Panchayat Act, 1964 - Section 131(3) - Section 232 - Water Act, 1974 - Section 25 - Air Act, 1981 - Environment Act, 1986 - Prohibition of Cow Slaughter Act, 1977 - Prevention of Cruelty to Animals Act - Factory - Slaughterhouse - Respondent- is a public company formed for purpose of carrying on business of processing meat mainly for export purposes - With a view to establish factory in Rudraram Village, respondent Company applied to Gram Panchayat, Rudraram for requisite permission to construct factory and other buildings connected - Industry granted a Letter of Intent (for Short LOI) under the provisions of for establishment of a new industrial undertaking at Rudraram Village for manufacturing 14,775 tonnes of Frozen Buffalo Meat, 225 tonnes of Frozen Buffalo Meat value added products, 3240 tonnes of Frozen Mutton Meat and 360 tonnes of Frozen Mutton Meat value added products per annum - Construction of factory building and other buildings were called upon respondent to stop all further construction until further orders -This order was issued in view of law and order problem said to have arisen on account of agitation by several organisations opposed to establishment of slaughterhouse – Held, In view of fact that controversy relating to establishment of slaughterhouse has been going on over last several years, court think it appropriate that Central Government should look into all relevant aspects, as directed by High Court of Andhra Pradesh in its judgment, forthwith and record its opinion before court take a final decision in matter - Decision of Central Government shall be recorded in a reasoned proceeding, which shall be placed before Court - Further orders to be passed would depend upon contents of report and material so placed - Court may make it clear that court should not be understood to have expressed any opinion on merits of aspects which Central Government has been directed to consider by Andhra Pradesh High Court - Whatever court have said in this judgment is only to indicate failure of Central Government to abide by said directions and to record reasons in support of direction - Court have also not gone into other questions raised by learned counsel for appellants - They can be considered at a later stage after receipt of material and report from Central Government - Central Government shall submit report within four months from today – Appeal Disposed Of.

JUDGMENT

B.P. JEEVAN REDDY, J.- These appeals concern the establishment, working and continuance of an abattoir (mechanised slaughterhouse) by name "Al Kabeer Abattoir" situated in Rudraram Village in Patancheru Mandal of Medak District. Of the five appeals before us, Civil Appeals Nos. 3966 and 3967 of 1994 are preferred against the judgment of a Division Bench of the Andhra Pradesh High Court dated 6-4-1993 in Writ Petition No. 13062 of 1992, Civil Appeal No. 3968 of 1994 arises from Writ Petition No. 10454 of 1992 disposed of on the same day, i.e., 6-4-1993, while the Civil Appeals Nos. 3964 and 3965 of 1994 arise from the order of the High Court in Writ Appeals Nos. 896 and 899 of 1993 preferred against the order of the learned Single Judge in WPMP No. 9367 of 1993 and WPMP No. 945 of 1993 in Writ Petition No. 7483 of 1993. As the facts stated hereinafter would disclose, the said slaughterhouse has been surrounded by controversy from the very inception. Indeed, it was sought to be established earlier at Bhiwandi in Maharashtra. Some progress was also made towards installation but on account of opposition from the local people and other organisations, that location was abandoned and the present location selected.

2. The respondent-Al Kabeer Exports Limited is a public company formed for the purpose of carrying on the business of processing meat mainly for export purposes. With a view to establish the factory in Rudraram Village, the respondent Company applied to the Gram Panchayat, Rudraram for the requisite permission to construct the factory and other buildings connected therewith. In the first instance, the Gram Panchayat issued a "No Objection Certificate" on 24-3-1989 and after obtaining the opinion of the District Medical and Health Officer, Director of Town Planning and Director of Factories, it granted the permission on 29-6-1989.

3. On 13-4-1989 the Andhra Pradesh Pollution Control Board (for short APPCB) issued a "No Objection Certificate" (for short NOC) on the basis of the respondents application dated 30-12-1988. The NOC was granted subject to certain conditions concerning the treatment of effluents and air pollution. It was stipulated that the respondent shall obtain a second NOC from the APPCB before commencing trial production in the factory and to obtain a regular consent under Sections 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1981 before commencing regular production.

4. On 18-7-1989 the Government of India in the Ministry of Industry granted a Letter of Intent (for Short LOI) under the provisions of the Industries (Development and Regulation) Act, 1951 for the establishment of a new industrial undertaking at Rudraram Village for manufacturing 14,775 tonnes of Frozen Buffalo Meat, 225 tonnes of Frozen Buffalo Meat value added products, 3240 tonnes of Frozen Mutton Meat and 360 tonnes of Frozen Mutton Meat value added products per annum. The LOI was granted subject to the following conditions:

"(a) Buffaloes to be slaughtered shall be subject to anti-mortem and post-mortem examination by the authorities concerned.

(b) Only old and useless buffaloes shall be slaughtered and for this purpose, their production and processing shall be subject to continuous inspection by the Municipal Authorities, Animal Husbandry and Health Departments of the State Government may evolve for ensuring this.

(d) You shall undertake measures for preserving and improving the breeds of the buffaloes by adoption of suitable animal husbandry practices in consultation with the State Government.

(e) At least 90 production of frozen buffalo meat would be exported for a period of ten years which may be extended by another five years at the discretion of the Government.

(f) Adequate steps shall be taken to the satisfaction of the Government to prevent air, water and soil pollution. Such anti-pollution measures to be insta

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