Akhil Bharat Goseva Sangh vs State Of A.P.& Ors

Al-Kabeer Exports Limited ( in short 'Company') is a public company formed for the purpose of carrying on the business of processing meat, mainly for export purposes. The company with a view to establish a slaughter house in Rudraram village, in the Medak District of the State of Andhra Pradesh applied to the Gram Panchayat, Rudraram for the requisite permission to construct a factory and other buildings connected therewith. On 24th March 1989, the Gram Panchayat concerned, issued a 'No Objection Certificate' (in short 'NOC'). After obtaining opinion of the District Medical and Health Officer, Director of Town Planning and Director of Factories, State of Andhra Pradesh, permission was granted to the company to run a slaughter house on the selected site on 29th June 1989. Prior to this permission, the Andhra Pradesh Pollution Control Board (for short 'A.P.P.C.B.') also issued a 'NOC' on the application of the company filed on December 30, 1988, subject to certain conditions concerning the treatment of effluents and air pollution. In the said NOC, it was inter-alia stipulated that the company shall obtain a second 'NOC' and a regular consent under Sections 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974 from A.P.P.C.B. before commencing regular production. The Director, Animal Husbandry Department, Government of Andhra Pradesh also issued a NOC in favour of the company by a letter dated July 13, 1989, subject to compliance with the provisions of Sections 5 and 6 of the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 ( in short the 'A.P. Act') and the instructions issued there under. Subsequently, on 18th July 1989 the Central Government (Ministry of Industry) granted a Letter of Intent (in short 'L.O.I.') under the provisions of the Industries (Development and Regulation) Act, 1951 (in short 'IDR Act') for establishment of a new industrial undertaking to the company at the selected site mentioned herein earlier for manufacturing of certain amount of Frozen Buffalo and Mutton Meat. The LOI was granted, subject to the following conditions:-

The recommendation was also made by the State of Andhra Pradesh to grant industrial licence to set up abattoir slaughter house at the selected site.

It is not in dispute that on the basis of the LOI and permission granted by the State of Andhra Pradesh and other authorities including the APPCB, the company started its construction work for installation of buildings and machineries, for the purpose of running a slaughter house. When some construction had progressed, the Executive Officer of the Gram Panchayat concerned issued a notice in the exercise of his power under section 131 (3) of the Andhra Pradesh Gram Panchayat Act, 1964 suspending the permission granted for construction of the factory building and other buildings to the company and thereby directed stoppage of constructions until further orders. Challenging this order of the Executive Officer, the company filed a Writ Petition before the High Court of Andhra Pradesh. Some organizations opposed the proposed establishment of the slaughter house and they were impleaded as respondents to the said writ petition. The writ petition was, however, subsequently withdrawn by the company and instead a revision petition was filed before the State Government questioning the notice issued by the Executive Officer on the suspension of the construction work which was permitted by the State Government. After hearing all the concerned parties, by an order dated 15th September 1990 the revision case was allowed by the State Government. A bare reading of this order would show that the order of the Executive Officer was not only directed to be set aside but also the period of completing the construction work was extended by one more year, from 29th of June 1989. Against the order passed in the revision case, two writ petitions being W.P.No.13763 and W.P.No.13808 of 1990 were filed in the High Court one by those organizations who were impleaded in the earlier writ petition and the other by some individuals. These two writ petitions were admitted by a learned Single Judge of the High Court and by an interim order, the operation of the order passed in the revision case was suspended pending decision of the two writ petitions. Against the aforesaid interim order, the State Government as well as the company filed writ appeals which were admitted by a Division Bench of the High Court and the interim order granted by the learned Single Judge was stayed by an interim order of the Division Bench of the High Court. When the writ appeals came up for final hearing, the parties before the Division Bench prayed that the writ petitions be disposed of on merits. Such stand having been taken by the parties before the Division Bench, the writ petitions were heard and disposed of by an order dated November 16, 1991 on merits with the following directions:-

It may be kept in mind that this order of the Division Bench by which certain directions were made by it to the State Government as well as to the Central Government was , however, not appealed before this Court. Pursuant to the directions given by the Division Bench in the aforesaid order, as noted hereinabove, the State Government constituted a Committee known as "Krishnan Committee" for examining and reporting the matters referred to in the order of the High Court. The Krishnan Committee constituted by the State Government submitted its report. It was noted in the report that some fundamentalist organizations opposed the establishment of the slaughter house on account of their religious and sentimental opposition to the slaughter of animals, whereas the Central Government and the Government of Andhra Pradesh permitted the setting up of this plant subject to the conditions imposed by them. So far as the pollution of air and water was concerned, the committee was of the opinion that if due observance of the safeguards stipulated by the several concerned departments, including Pollution Control Board was made by regular supervision, such pollution of air and water could be kept within a reasonable limit. So far as the depletion of the cattle wealth is concerned, the Committee upheld the objections of the Food and Agriculture Department in the following words:

The report of the Krishnan committee was forwarded to the Central Government. The Central Government in its turn forwarded the report to the A.P.P.C.B. for appropriate action. However, no order was passed by the Central Government on the said report at all, although, the Central Government was a party to the order of the High Court, as noted herein earlier. That apart, the High Court also in its judgment as noted herein earlier, made certain directions to the Central Government to pass an order after considering the report.

(4) So far as the environment aspects were concerned, Division Bench found that the safeguards stipulated by APPCB and other authorities of the State were sufficient to ensure control of air and water pollution.

Accordingly, the Division Bench was of the opinion that all the concerned authorities of the State having granted requisite permissions after duly considering all the relevant facts and circumstances, there was no ground for intervening with the establishment and operation of the slaughter house. In the said judgment while dismissing the writ petitions, the Division Bench also directed prosecution of Dr.Kishan Rao for his mis-statement that he had not filed any other writ petition seeking similar reliefs.

In the aforesaid order, an interim order was passed saying that with effect from 1st April 1997 the company shall function at half of the installed capacity and not its full installed capacity and the appeals were directed to be listed after 6 months.

For the reasons aforesaid, we are of the view that meat export policy need not be struck down subject to constant review by the Central Government in the light of its potentially harmful effects on the economy of the country.

In view of our discussion made hereinabove and for the reasons stated hereinearlier we are of the view that these appeals can be disposed off by giving the following directions:-

2. The APPCB is directed to file reports before the State Government as well as Central Government relating to compliance with the pollution standards by Al-Kabeer specified under its consent order in compliance with the Environmental Protection Rules, 1986, once in every three months.

3. The Company is directed to regularly monitor pollution of air and water by its abattoir. It is further directed to file a report of its compliance with the Environmental laws, particularly, the Environmental Protection Rules, 1986, before the APPCB every month.

4. Al-Kabeer is directed to file reports before the State Government on cattle population in its surrounding areas once every year. The State Government shall examine the correctness of the said report and thereafter take appropriate action.

5. The State Government is directed to monitor regularly and strictly in respect of Al Kabeer's compliance with all applicable laws, particularly the provisions of the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977, once every three months and to obtain reports on the same and thereafter to take necessary action for their proper implementation.

6. The Company is directed to prepare a plan in consultation with the State Government and take up its implementation in conjunction with the State Government for promoting better animal husbandry practices within the next three months. The State Government is directed to take all the necessary steps for this purpose.

7. Modernizing the existing abattoirs in the state is advisable and in that regard the State Government may take steps that it considers necessary.

8. Finally, the Central Govt. is directed to review the meat export policy, in the light of the Directive Principles of State Policy under the Constitution of India, and also in the light of the policy's potentially harmful effects on livestock population, and therefore on the economy of the country.

Considering the facts and circumstances of the case, and in view of the fact that this Court by an interim order granted stay of the operation of the direction of the High Court for initiating a prosecution of Dr. Kishan Rao ( Appellant in C.A. No. 3966/1994 ) under section 195 of the Code of Criminal Procedure read with Section 191 of the Indian Penal Code, we do not find any reason to proceed with this prosecution against Dr. Kishan Rao any further.

In view of the disposal of appeals by this common judgment, all Interlocutory Applications and Contempt Petition pending, if any, shall also stand disposed of.

There will be no order as to costs.

3. Whether the terms in Art. 48 are wide enough to include all categories of bovine cattle?

include cattle which have become permanently incapacitated to be used for milch and draught purposes. Hence, this question is decided in favour of the appellants. Though, this question has been decided in favour of the appellants, it does not make any material difference to the final decision of this case. It is the decision on the next issue i.e. issue No.4 that will have impact on final directions to be issued in this case.

There will be no order as to costs.