SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(SC) 718

SUPREME COURT OF INDIA
K.S.P. Radhakrishnan and Dipak Misra, JJ.
LAXMI NARAIN MODI - Petitioner;
Versus
UNION OF INDIA - Respondents.
Writ Petitions (C) No. 309 of 2003 with No. 330 of 2001, 44 of 2004 and 688 of 2007, Decided on : October 10, 2012

Headnote:Environmental and Prevention of Cruelty to animals laws – Directions were given to implement provisions of Prevention of Cruelty to Animals (Establishment and Registration of Societies for Prevention of Cruelty to Animals) Rules, 2000; Environment Protection Act, 1986; Solid Wastes (Management and Handling) Rules, 2000; and Prevention of Cruelty to Animals (Slaughter House) Rules, 2000 etc. – Some States have complied whereas some have not – Last opportunity given for compliance – Central Pollution Control Board (CPCB), Animal Welfare Board and the Ministry of Environment and Forest (MoEF) directed to work out a broad framework so that the Committees can effectively implement the provisions of the Act regarding transportation of live stocks, slaughter and disposal of waste etc. (Para 3, 5)

       Facts of the case:

       This is a follow up of the order passed on 28.03.2005.

       Finding of the Court:

       Some of the States have complied with the order while some have not.

JUDGMENT

1. Heard counsel on either side. This Court has passed an order on 28.03.2005 for proper and effective implementation of the provisions of Prevention of Cruelty to Animals (Establishment and Registration of Societies for Prevention of Cruelty to Animals) Rules, 2000 and Environment Protection Act, 1986, Solid Wastes (Management and Handling) Rules, 2000 and Prevention of Cruelty to Animals (Slaughter House) Rules, 2000 etc. The position was reiterated by this Court again by its order dated 23.08.2012 wherein positive directions were given to all the State Governments and the Union Territories to constitute the Committees in terms of decision of Union of India dated 26.04.2012.

2. A few States have already complied with the order but some of the States are yet in comply with the order and the time granted for the same is over.

3. In such circumstances, we are giving further time, as a last opportunity, to the State Governments and the Union Territories to constitute Committees. In case, the Committees are not constituted before the next date of hearing the concerned Secretaries of the Department of Environment and Forest of the States/Union Territories will have to be present to explain why this Court's order has not been complied with.

4. Communicate this order to the Standing Counsel of all the States/Union Territories as well as the Chief Secretary of the States/ Union Territories.

5. We also wish to give a direction to the Central Pollution Control Board (CPCB), Animal Welfare Board and the Ministry of Environment and Forest (MoEF) to work out a broad framework so that the Committees can effectively implement the provisions of the Act regarding transportation of live stocks, slaughter and disposal of waste etc. List these matters on 6.11.2012.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top