APEDA is the sole authority for permitting export of meat and meat products.

Arijit Banerjee, J.

1. The subject matter of challenge in this writ petition is an order dated 5 December, 2014 passed by the Joint Municipal Commissioner (D & G), Calcutta Municipal Corporation rejecting the application of the petitioner company for renewal of licence to slaughter buffalo in the new modern abattoir of the Corporation.

Facts of the case:-

2. On 12 June, 2012, the petitioner company applied to the Kolkata Municipal Corporation (in short ‘KMC’) for a licence for slaughtering of 200 buffaloes (approximately) per day in KMC Slaughter House. It was mentioned in the said application that the petitioner company deals in export of inter alia, frozen buffalo meat and for its proposed food processing project (100 per cent export) at Uluberia, Howrah, it required proper supply of buffalo meat from a slaughterhouse.

3. KMC issued a licence dated 10 July, 2012 in favour of the petitioner company for the year 2012-13 for slaughtering a maximum number of 200 buffaloes per day. However, it was stipulated in the licence that slaughtering will be started only from the new abattoir when the same starts operating.

4. Pursuant to the petitioner company’s application dated 4 July, 2013 for renewal of the licence for a period of one year, KMC issued a licence dated 30 July, 2013 for the year 2013-14.

5. By an order dated 23 September, 2013 KMC informed the Agricultural and Processed Food Product Development Authority (in short ‘APEDA’), which is an authority constituted under the Agricultural and Processing Food Product Development Authority Act, 1985 (in short ‘APEDA Act’) that it had granted a licence to the petitioner company for slaughtering of 200 buffaloes per day in its newly built modern abattoir for export. KMC further mentioned in the said letter that ‘the said firm is authorised to make registration with APEDA’.

6. On 23 April, 2014 the petitioner sought further renewal of its licence for slaughtering of 200 buffaloes per day. KMC sat tight over the matter. The petitioners filed WP No. 27729 (W) of 2014 in this Court.

7 On 1 September, 2014 the new modern abattoir of KMC became operational.

8. By an order dated 18 November, 2014 the aforesaid writ petition was disposed of by directing KMC to dispose of the petitioners application by passing a reasoned order.

9. On 5 December, 2014 the impugned order was passed by the respondent no. 3.

Contention of the petitioners:-

10. Mr. Pratik Dhar, Learned Senior Counsel submitted that on a perusal of the impugned order it would appear that the application of the petitioner company was rejected primarily on three grounds:-

(a) Export licence has been granted exclusively to M/s. Al Nasir Exports Pvt. Ltd. And M/s. Meatek Food Machinery India Pvt. Ltd. (private respondents). Accordingly, the petitioner company can apply for licence only for domestic purpose.

(b) The petitioner company was never granted the licence for export of the slaughter products.

(c) The licence in favour of the petitioner company has already expired. Hence, it has to apply for fresh licence and there is no question of renewal.

11. Learned Counsel submitted that grant of export licence to the private respondents exclusively by KMC is an act without jurisdiction. It is an act of gross bias to give monopoly to the private respondents in the matter of export. This is impermissible since export is Item No. 41 in the Union List and as such is exclusively within the domain of the Central Legislature. He referred to Art. 246 of the Constitution read with List 1. There exists a separate statutory authority namely APEDA which has framed its own Rules under the APEDA Act, 1985 and has issued several notifications dealing with export. As per its notification No. 82 (RE-2010)/2009-14 dated 31 October, 2011 only two things are required to be ensured prior to export of the processed buffalo meat. These are, firstly, the raw buffalo meat is procured from an APEDA registered abattoir; and secondly, such meat is processed from an APEDA