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Judgment
Sudhanshu Dhulia, J
The petitioner before this Court has challenged the permission granted to private respondent no. 3 i.e. M/s H.M. Agro Foods, for construction and operation of a modern abattoir/slaughter house in Manglore, District Haridwar.
On 20.12.2017, a Coordinate Bench of this Court had passed the following order:-
"Mr. Siddhartha Singh, Advocate for the petitioner.
Mr. Yogesh Pandey, Addl. C.S.C. for the State. Mr. Devesh Bishnoi, Advocate for respondent No. 2.
Mr. Arvind Vashistha, Sr. Advocate assisted by Mr. Vivek Pathak, Advocate for respondent No. 3.
Heard learned counsel for the parties.
The issue raised in the present writ petition is that whether abattoir having capacity of slaughtering 300 big animals per day can be established within municipal limits of Mangalore (Haridwar). Undisputedly, population of municipal area of Mangalore is less than one lakh, therefore, in view of the capacity of the abattoir, which is being established inside the municipal limits, it can be inferred that it is mainly meant for export of meat / beef to other parts of the country or even abroad.
There can be no dispute that slaughtering is an obnoxious activity which cannot be permitted in close proximity of human habitation. Therefore, the issue of public importance involved in the matter is that whether abattoir of such massive scale, which is meant for export purposes, can be established within the municipal limits or not.
In view of public importance of the issue, the Secretary, Urban Development Department, Government of Uttarakhand is directed to file his personal affidavit within three weeks, in which he shall make the stand of the State Government clear, as to whether such activity can be permitted inside municipal limits. In the affidavit, the Secretary, Urban Development Department shall also indicate as to whether any policy has been formulated regarding establishment of Slaughter Houses within municipal limits or not. The norms/parameters, if any, prescribed by the State Government for establishing abattoirs / Slaughter Houses, shall also be clearly indicated.
In the event, no norms/parameters have been prescribed, then Secretary, Urban Development Department shall also indicate whether State Government proposes to formulate policy for establishing Slaughter Houses.
List this matter on 12.01.2018.
In the meantime, respondent No. 3 may continue with the construction of the abattoir at his own risk and cost."
Although private respondent no. 3 has filed its counter affidavit but the State has not filed its counter affidavit in the matter so far in spite of the order dated 20.12.2017 and thereafter this Court on 12.06.2019 had passed the following order:-
"Mr. Siddhartha Singh, Advocate, present for the petitioner.
Mr. Narain Dutt, Brief Holder, present for the State/respondent no.1.
Mr. Davesh Bishnoi, Advocate, present for the respondent no.2.
This matter relates to the opening and construction of an abattoir/slaughter house within the municipal limits of Nagar Palika Parishad, Manglore, which is being challenged by the petitioner before this Court on grounds that the respondents have not followed the procedural and substantive laws.
A Coordinate Bench of this Court vide its order dated 20.12.2017 directed the Secretary, Urban Development Department, Government of Uttarakhand to file his personal affidavit within a period of three weeks.
The order dated 20.12.2017 has not been complied with by the State even after the passage of one and a half years as the counter affidavit has not been filed by the State.
As an interim measure, it is hereby directed that no further construction or activity shall be made in the proposed/sanctioned slaughter house until further orders of this Court.
As a last opportunity, ten days' and no more time is granted to the State/respondent no.1 to file its counter affidavit.
List this matter on 25.06.2019 in the daily cause list."
Now the matter has come up before this Court today on the stay vacation application filed by the private respondent no. 3.
After hearing the learned counsel for the petitioner as well as learned Senior Counsel for respondent no.3, it appears that it would be better and in the interest of justice if the concerned Secretary who had granted the permission to private respondent no. 3 on 23.12.2016 to run the abattoir/slaughter house should re-hear the objections of the petitioner as well as the contention of private respondent no. 3 and the Nagar Palika Parishad, Manglore, District Haridwar and thereafter pass appropriate orders therein.
In view thereof, it is directed that the Secretary, Urban Development shall hear all the concerned parties and thereafter pass appropriate orders therein within a period of fifteen days from the date a certified copy of this order is produced before him.
An undertaking has also been given by the learned Senior Counsel for respondent no.3 before this Court that no slaughtering activities will take place in the slaughtering house in terms of the order dated 12.06.2019, till the matter is decided by the concerned Secretary. The order dated 12.06.2019 is modified to the extent that in case any construction activity is being carried out by the private respondent no.3, it shall be done by him at his own risk.