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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Attau Rahman Masoodi, Subhash Vidyarthi JJ.
M/S Al-Haq Foods Pvt. Ltd. Thru Its Director Navin Kumar Bhambri - Petitioner
Versus
State Of U.P. Thru Addl. Chief/Prin.Secy. Deptt. Of Environment Forests And Climate Change And Ors. - Respondent
WRIT - C No. - 10671 of 2024
Decided On : 13-02-2025
| Table of Content |
|---|
| 1. challenge to the cancellation of consent for operation. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. details of compliance and revalidation process. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. notice regarding compliance issues raised by the board. (Para 21 , 22) |
| 4. trial run and subsequent c.c.a. granted. (Para 23 , 24 , 25) |
| 5. revocation of c.c.a. and grounds for the action. (Para 26 , 27 , 28) |
| 6. interim order and inspection reports. (Para 29 , 30 , 31) |
| 7. petitioner's compliance and approvals obtained. (Para 32 , 33 , 34) |
| 8. comparison with other industries' treatment. (Para 35 , 36) |
| 9. arguments by the petitioner regarding jurisdiction. (Para 37 , 38 , 39 , 40 , 41 , 42) |
| 10. respondent's arguments on compliance requirements. (Para 44 , 45 , 46) |
| 11. court's analysis on governmental orders. (Para 54 , 55 , 56 , 57 , 58) |
| 12. court's view on retrospective application of laws. (Para 66 , 67 , 68 , 69 , 70) |
| 13. court's findings on various compliance issues. (Para 72 , 73 , 74 , 75 , 76) |
| 14. conclusion on the sustainability of the impugned order. (Para 84 , 85 , 86 , 87 , 88 , 89) |
| 15. final order quashing the revocation. (Para 90 , 91) |
JUDGMENT :
(Subhash Vidyarthi, J.)
Prologue:
1. Heard Dr. Lalta Prasad Misra and Sri Abhinav Singh, Advocates, the learned counsel for the petitioner, Sri Vinod Kumar Shahi, the learned Additional Advocate General assisted by Sri Shailendra Kumar Singh, the learned Chief Standing Counsel and Sri Akash Sinha, the learned Standing Counsel appearing on behalf of the State, Sri Satish Chandra Mishra, Senior Advocate assisted by Sri Ashok Kumar Verma, Advocate, the learned counsel for the U.P. Pollution Control Board and perused the records.
2. By means of the instant Writ Petition, the petitioner has challenged the validity of an order dated 14.11.2024 passed by the Chief Environment Officer, U. P. Pollution Control Board (which shall hereinafter be referred to as ‘the Board’), cancelling the ‘Consolidated Consent to Operate and Authorisation’ (which will hereinafter be referred to as ‘C.C.A.’) issued to the petitioner on 23.08.2024 for running an animal slaughter house.
3. The petitioner-company is a registered Small Scale Industry with the Ministry of Micro, Small & Medium Enterprises (MSME), Government of U.P. The petitioner applied to the District Level Committee headed by the District Magistrate, Unnao for grant of a no objection certificate (NOC)/approval for establishing a modern animal slaughter house at UPSIDC Industrial Area, Site-II, Unnao. The District Level Committee obtained a report from various departments, including Executive Engineer, Electricity Department, Food Safety and Standards Authority of India (FSSAI), Chief Fire Officer, District Industries Centre, Chief Veterinary Officer, Sub Divisional Magistrate, Regional Officer, U.P. Pollution Control Board and Superintendent of Police, Unnao. After obtaining reports from the aforesaid authorities, the District Magistrate, Unnao granted administrative/local no objection certificate dated 21.05.2015 to the petitioner for establishing a modern export oriented animal slaughter house.
4. No objection was granted to the petitioner subject to 69 conditions mentioned in the certificate, including the condition that the petitioner will make arrangements for cattle farming so as to maintain a balance in the number of cattle; the petitioner will establish a calf rearing center of buffaloes, it will provide assistance to animal keepers in implementing schemes for running rearing centers; the petitioner will not slaughter animals from within the limits of District Unnao; it will construct slaughter house keeping in view the provisions contained in Prevention of Cruelty to Animals (Slaughter House) Rules, 2001; it will have to establish a modern mechanical plant which does not generate any solid waste material; it will have to comply with the provisions of Prevention of Cruelty to Animals Act, 1980 and Animal Husbandry Rules, 2000 fram
AI
The court held that the U.P. Pollution Control Board exceeded its authority in revoking the consent to operate without evidence of non-compliance, affirming that prior approvals remained valid.
Municipal refusal of NOC for slaughterhouse veterinary appointments illegal if based on appeal pendency without stay, disregarding operative civil decree; writ maintainable to enforce public duty for....
The statutory timelines provided by pollution control legislations govern consent approvals, overriding administrative deadlines, with deemed approval claiming misinterpretations rejected.
The tribunal affirmed the necessity of verifying environmental compliance by project proponents and directed ongoing monitoring by regulatory authorities, emphasizing transparency in operations.
A consent order issued by an unauthorized authority is invalid, necessitating compliance with prior court directives regarding jurisdiction.
The availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition, especially in cases where there has been a violation of the principle of natural justice ....
Environmental Clearance – Where adverse consequences of denial of ex post facto approval outweigh consequences of regularization of operations by grant of ex post facto approval, and establishment co....
The increased licensing fee imposed for cattle export is deemed a tax rather than a regulatory fee, making it ultra vires the powers granted under the Act.
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