Panchayat Qureshian vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1150

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Panchayat Qureshian – Appellant
Versus
State of Rajasthan – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Saahil Gupta, Adv. Mr. Saeed Qadri, Adv. Mr. Lakshmi Raman Singh, AOR
For the Respondent(s): Mr. V.K. Verma, AOR Dr. Sushil Balwada, AOR Mr. Kaushal Yadav, Adv. Mr. Nandlal Kumar Mishra, Adv. Mr. Srilok Nath Rath, Adv. Ms. Reena Rao, Adv. Dr. Ajay Kumar, Adv. Dr. Manish Singhvi, Sr. Adv. Ms. Shubhangi Agarwal, Adv. Mr. Apurv S., Adv. Mr. Milind Kumar, AOR Mr. Ashok Kumar Singh, AOR Mr. Ansar Ahmad Chaudhary, AOR Mr. Irshad Ahmad, AOR Mr. S.K. Verma, AOR Mr. Mahesh Kasana, Adv. Ms. Aparna Rohatgi Jain, Adv. Ms. Aishwarya Bhati, A.S.G. Mr. Gurmeet Singh Makker, AOR Ms. Ruchi Kohli, Adv. Mr. Chinmayee Chandra, Adv. Ms. Swarupama Chaturvedi, Adv. Mr. P.V. Yogeswaran, Adv. Mr. Mukul Singh, Adv.

JUDGMENT :

DHANANJAYA Y. CHANDRACHUD, CJI.

1. The appeals¹ [Civil Appeal Nos. 1538-1539 of 2008] arise from a judgment and order dated 15 October 2003 of a Division Bench at the Jaipur Bench of the High Court of Judicature for Rajasthan. In addition, there is a writ petition² [Writ Petition (Civil) No. 358 of 2011] under Article 32 of the Constitution which has been heard with the civil appeals.

2. The underlying facts are thus:

An application was submitted before the Permanent Lok Adalat at Tonk, Rajasthan by the Sarva Seva Sansthan stating that a slaughter house situated in proximity to National Highway No. 12 was conducting its activities in violation of rules and regulations, causing pollution in the area. On 2 April 2003, the Permanent Lok Adalat directed the Municipal Board Tonk to close down the slaughter house within a month. The District Collector and the Rajasthan Pollution Control Board were directed to ensure compliance.

3. The State Pollution Control Board³ [“SPCB”] issued directions under Section 33A of the Water (Prevention and Control of Pollution) Act 1974⁴ [“Act of 1974”] for the closure of the slaughter house on the ground that it did not have consent to operate and f

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2023 Supreme(SC) 1150

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRAPanchayat Qureshian – AppellantVersusState of Rajasthan – Respondent

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Panchayat Qureshian – Appellant
Versus
State of Rajasthan – Respondent