JUDGMENT :

PARTHA SARTHY, J.

1. Heard learned counsel for the petitioner as also learned counsels for the respondents.

2. The petitioner has filed the instant application for the following reliefs:

“(i) For issuance of an appropriate writ, order or direction directing and commanding the respondents to close immediately the illegal slaughter houses situated in Mohallah Sahjalal Pir Sasaram in east of Sahjalalpir Urdu Middle School on both sides (North and South) of the Main Road.

(ii) For issuance of an appropriate writ directing and commanding the respondents to secure the Health and safety of the local residents of all community as well as of the residents of the nearby villages and of the persons passing through the aforesaid Main Road by closing immediately the aforesaid illegal slaughterhouses from the locality of the Mohallah Sahjalal Pir, Sasaram immediately.

(iii) For issuance of an appropriate writ, order or direction directing and commanding the respondents to secure the environment of the entire locality surrounding Mohallah Sahjalal Pir, Sasaram from pollution by closing the aforesaid illegal slaughterhouses immediately.

(iv) For any other relief/reliefs of which the petitioners are legally entitled to.”

3. The contention of the petitioner in the instant public interest litigation is against the opening and running of the illegal slaughter houses without any licence, non-disposal of the remains of the animals in an unscientific manner leading to pollution in the entire area and as a result of which threat of spread of the diseases/pandemics exist.

4. In brief, it is the case of the petitioner that large number of slaughter houses are being run in Mohalla Mubarak Ganj, by the side of the main road under town Police Station in the town of Rohtas. The waste i.e. the bones as also remains of the large animals slaughtered in the illegal slaughter houses are being thrown in the open on the road side leading to different types of pollution and imminent threat of spread of diseases. Inspite of representations having been filed by the petitioners as also others before the authorities including the Station House Officer of the Police Station concerned, complaint before the District Public Grievance Redressal Cell, the Superintendent of Police, Rohtas, the D.I.G. of Police, Sahabad Office, Dehri etc. no action was taken by the respondents. The slaughter houses continue to remain operational and the people of locality continue to be forced to live in an unhygienic condition as a result of their illegal running. It is thus submitted that as the respondent authorities have not acted as they were required to under the law, hence the writ application for the reliefs prayed for as mentioned above.

5. Counter affidavits were filed on behalf of the different respondents.

6. In the counter affidavit filed on behalf of the Bihar State Pollution Control Board (Respondent no. 17), with regard to the contention raised by the petitioner in the application it was submitted that the slaughter houses were inspected by the team of the said respondent, however due to public movement/resistance, the inspection could not be carried out. It is mentioned that foul smell was felt by the inspecting team and on inquiry from the workers of the Sararam Municipal Council, it appeared that the slaughter houses were slaughtering 4-5 big animals daily with no arrangement for the disposal of the waste. The slaughter houses were clearly illegal being operated without having obtained licence as required under the Municipal Act, 2007.

7. A separate counter affidavit was filed on behalf of the Superintendent of Police, Rohtas (Sasaram) (Respondent no. 9) stating therein that as per the report submitted by the Station House Officer, Sasaram Town Police Station (respondent no. 13), no licence has been granted for running of slaughter houses in the area under the Sasaram Town Police Station. The Municipal Corporation had cleaned up the area and at the time of inquiry the slaugh