ORDER

Per: Vivek Rusia, Acting Chief Justice

The petitioners have filed this present Public Interest Litigation seeking immediate and permanent closure of the new, massive-capacity abattoir/slaughterhouse operating at the Maida Mill Road, Jinsi, Bhopal site on the ground that this operation can cause severe and continuing public injury.

2. The facts of the case, in short, are as under :-

(i) The petitioners are concerned organisations of Bhopal, formed by people who are strong believers of Ahinsa Parmodharmah. The dispute relates to establishment and operation of the slaughterhouse of Bhopal Municipal Corporation (hereinafter referred as “BMC” in short) which was initially situated at Jinsi Road, Bhopal. There was a subsequent proposal of the National Green Tribunal ( In short: the NGT) to construct theslaughterhouse in question at some other alternative site.

(ii) According to the petitioners, the slaughterhouse situated at Jinsi Road, Bhopal had been functioning without the requisite environmental compliances and consent of the Madhya Pradesh Pollution Control Board (MPPCB). During inspections conducted on 22.01.2015 and 19.02.2015, untreated effluents were found to be discharged into the drainage system, ultimately forming part of the Patra Nallah–Halali–Betwa river system. It was also alleged that no functional Effluent Treatment Plant (“ETP”) was available and there were no existing arrangements for treatment and disposalof slaughterhouse waste.

(iii) In proceedings initiated before the NGT, serious violations of environmental norms were noticed. Vide order dated 30.09.2015 (Annexure P-3), the NGT directed closure of the Jinsi Road slaughterhouse and directed the State authorities and BMC to identify and develop a new site for a slaughterhouse within the prescribed time. It was also noticed that the slaughterhouse was operating in violation of Sections 24 and 26 of the Water (Prevention and Control of Pollution) Act, 1974. Despite the aforesaid directions issued by NGT, there was considerable delay in establishing the alternative slaughterhouse on part of the respondents. The NGT passed successive orders requiring the authorities to finalise the site, prepare a DPR, complete the tender process and make the new facility operational within the stipulated period. Penalties and performance guarantees were also directedon account of continued non-compliance.

(iv) During the course of the proceedings, approximately 44.98 acres of land at Adampur Village/Adampur Chhavani was identified for establishment of the new slaughterhouse. However, the proposed site encountered public opposition and other administrative and political difficulties. Thereafter, the Authorities continued to consider alternativearrangements.

(v) The NGT, vide its order dated 18.07.2019 (Annexure P-7), directed that the new slaughterhouse be made operational with effect from 31.12.2019 and imposed further conditions relating to performance guarantee and penalty for delay. Subsequently, BMC placed an affidavit before the NGT stating that the Jinsi Road slaughterhouse had been closed on 24.10.2019 and locked by the Bhopal Municipal Corporation with the assistance of the district administration and police. However, vide order dated 12.12.2019, the NGT recorded serious observations regarding the conduct of BMC. The learned Tribunal noticed that, notwithstanding the order directing closure, the material placed before it prima facie indicated that a fraud had been committed upon the Court by the BMC. Thereafter, the authorities continued the process of identifying and developing a site for a modernslaughterhouse.

(vi) On 08.07.2021, a four-member Joint Committee was constituted consisting of senior officers of the Urban Administration and Development Department, MPPCB, BMC and the district administration for finalisation of the land. By the final judgment/order dated 08.10.2021 (Annexure P-12), the NGT considered the continuing difficulties in imple