Abdul Majeed And Others vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

Petitioners are residents of District Bageshwar. By means of this Writ Petition, petitioners have sought the following reliefs:-

“I. To issue a writ order or direction in the nature of mandamus commanding the respondent no. 1, 2 and 3 to install the Effluent Treatment Plant in

the existing slaughter house which is available near the Meat Market at Kanda Road, Bageshwar, District Bageshwar and complete the other

formalities of NOC from Pollution Control Board, within the stipulated period which may be fixed by this Hon’ble Court, as per the norms of Food

Safety and Standards (Licensing and Registration of Food Businesses) Regulation, 2011.

II. To issue a writ order or direction in the nature of mandamus commanding the respondent no. 1, 2 and 3 to construct a slaughter house on the land

which was allotted to the respondent no. 3 in the year 2015, situated at Kanda Road, Tehsil and District Bageshwar and complete the construction of

the same within a stipulated period as may be fixed by this Hon’ble Court as per the norms of 2001 Rules and Food Safety and Standards

(Licensing and Registration of Food Businesses) Regulation, 2011.

III. To issue a writ order or direction in the nature of mandamus commanding the respondents no. 1, 2 and 3 not to compel the petitioners to slaughter

their animals in the proposed slaughter house of the respondent no. 5 and to permit the petitioners to slaughter their animals in the old slaughter house

situated near the meat market of Bageshwar.

IV. To issue a writ order or direction in the nature of mandamus to construct the separate slaughter houses in each Nagar Palika Parishad and each

Nagar Panchayat in the district of Bageshwar, so that there may not be a load for slaughtering the animals from other Nagar Panchayat and Nagar

Palika Parishad upon the slaughter house which may be constructedby the Nagar Palika Parishad, in the city of Bageshwar at Tanda Road,

Bageshwar.

V. To issue a writ order or direction in the nature of mandamus commanding the respondent no. 3 to renew the licences of the petitioners for selling

the mutton in their respective shops situated at Meat Market, Tanda Road, Bageshwar.â€​

According to the petitioners, a slaughter house was constructed by Nagar Palika Parishad within the municipal limits of Bageshwar, however,

instead of permitting the petitioner to slaughter animals in the said slaughter house, the municipal authorities are compelling petitioners to go to some

other privately operated slaughter house situate outside the municipal limits.

On 21.05.2021, learned counsel appearing for Nagar Palika Parishad, Bageshwar had assured the Court that his client will apply to Uttarakhand

Pollution Control Board for ‘consent to establish’ the slaughter house at Bageshwar within ten days. He had further assured the Court that he

shall furnish all supporting documents, including site plan, land papers, environmental feasibility report etc., along with the application. Learned counsel

appearing for Uttarakhand Pollution Control Board had assured the Court on 21.05.2021 itself, that the application to be submitted by Nagar Palika

Parishad would be processed within three weeks and team of Uttarakhand Pollution Board would be sent for inspection of the proposed slaughter

house.

Thereafter, on 08.07.2021, learned counsel appearing for Uttarakhand Pollution Control Board had made a statement that the site of the slaughter

house was inspected by the officers of Pollution Control Board on 02.07.2021. He further made a statement that the report submitted by inspection

team has been sent for approval to the Head Office.

Mr. Hari Om Bhakuni, learned counsel appearing for Nagar Palika Parishad submits that the Uttarakhand Pollution Control Board has refused

‘consent to establish’ slaughter house in the existing building on the ground that it is not suitable for the purpose. He further submits as many as

four reasons have been indicated for refusing consent to establish slaughter house.

Since Uttarakhand Pollution Control Board is a specialized agency dealing with the issue of air and water pollution, therefore, this Court cannot sit in

appeal over the decision taken by the Board.

In such view of the matter, relief no. 1, as claimed in the writ petition, cannot be granted.

Mr. T.A. Khan, learned Senior Counsel appearing for the petitioners submits that a piece of land was allotted to Nagar Palika Parishad for

establishing slaughter house in the year 2015; but, due to laxity on the part of the municipal authorities, no steps have been taken for constructing

slaughter house over the said land.

Learned counsel appearing for Nagar Palika Parishad, however, disputes this submission and he submits that the said land is under encroachment

and the efforts made by municipal authorities to evict the encroachers have failed to bear any result. This, according to him, is mainly due to non-

cooperative attitude of the district administration. However, this submission has been disputed by learned Additional Chief Standing Counsel.

Having regard to the facts and circumstances of the case, writ petition is disposed of with liberty to the petitioners to approach District Magistrate,

Bageshwar, by making a representation for constructing slaughter house over the land allotted to Nagar Palika Parishad in the year 2015, within two

weeks from today. If such representation is made within the stipulated time, District Magistrate shall look into the matter and take appropriate

decision, in accordance with law, as early as possible, but not later than four months from the date of receipt of representation along with copy of this

order.

It goes without saying that while taking any decision, District Magistrate shall hear all the stakeholders, including the residents of the locality.