Nagar Nigam, Meerut .. Appellant vs Al Faheem Meat Exports Pvt. Ltd & Ors. .. ...

The first respondent herein was granted a licence for a period of one year to run a slaughter house which is owned by the appellant-Corporation. It gives this slaughter house on annual licence basis. Such a licence was granted to the first respondent herein on 9.1.2004. The said licence expired on 8.1.2005. The impugned advertisement dated 6.12.2004 was issued by the appellant inviting applications for granting a fresh contract for running the slaughter house. It is this advertisement whose validity was challenged before the High Court.

It is alleged by the first respondent that he sent a representation to the State Government seeking its permission to modernize the slaughter house. Thereafter he filed a writ petition being Writ No. 37187/2004 before the High Court, which disposed off the same on 15.9.2004 by directing the State Government to consider the said representation. It is alleged that instead of deciding the representation, the Nagar Nigam issued the impugned advertisement inviting applications for tenders for running of the slaughter house in question.

(2) (a) Petitioner No. 1 as per its offer and undertaking given to the court shall on or before 15th May 2006 deposit Rs. three crores with Nagar Nigam, Meerut.

(d) The above amount and time schedule shall be subject to such further mutual agreement/Settlement as the Nigam and Petitioner No. 1 may settle under prior information to each other as well as to the State Government but notwithstanding the quality and the conditions of Project of Slaughter House duly approved/sanctioned by Centre for Integrated Animal Husbandry & Dairy Development, Noida (CIAHDD).

The High Court by means of the impugned judgment dated 29.3.2006 has allowed the writ petition directing that the writ petitioner (respondent No. 1 herein) should be allowed to run the slaughter house for 10 years on terms and conditions stipulated therein. We would reproduce the relevant part of the impugned judgment of the High Court which is as under:

(4) Petitioner No. 1 shall submit on or before 30th May 2006 a copy of the Project Report/Plan duly approved by CIAHDD and other information, if any, to the Nigam, M.D.A. or Pollution Control Board, etc. dealing with the subject in question for information who shall pass appropriate order within ten days of receipt plan and intimate Petitioner No. 1 accordingly.

(5) Petitioner No.1 shall be duty bound to remove defect, if any, communicated to it by the Nigam, M.D.A. or U.P. Pollution Control Board, within two weeks of receipt of objection and obtain No Objection forthwith but in any case before 15th June, 2006. The Board shall consider the report and pass appropriate order/grant or refuse "No Objection" within ten days of receipt of submission of papers after removal of such defect.

(8) Petitioner No. 1 shall cooperate and assist the Nigam (its authorities/officers) to make inspection of the site during course of implementation of the project to satisfy that the work is as per Project Report approved by CIAHDD as well as other directions issued by other authorities viz. the Nigam, Meerrut Development Authority, U.P. Pollution Control Board etc. (9) Petitioner No. 1 shall be entitled to supervise execution of the Project work and shall be entitled to ensure that said work is performed/executed as per Project Report, and all payments in that respect shall be made promptly by the Nigam in accordance with law from the amount so deposited by Petitioner No. 1 under the above sub clauses of Clause 2.

(10) Petitioner No. 1 shall be permitted to operate and slaughter animals at the existing slaughter- house subject to the condition that he shall deposit with the Nigam on or before 15.05.2006 rupees sixty lacs in lump sum for the period of 01-04- 2006 to 31-03-2007. Such amount can be deposited, if so advised, in four equal instalments; the first installment of Rs. 15 lacs to be paid to the Nigam on or before 15th May, 2006. The second installment to be paid to be paid to the Nigam on or before 15-08-2006, third installment to be paid to the Nigam on or before 15-11-2006 and fourth installment to be paid to the Nigam on or before 15-02-2007. In case of default in making the said deposits within the time stipulated above, this order shall stand automatically vacated in its entirety. Petitioner No. 1 shall likewise continue to deposit amount of Rs. 60 lacs per annum for ten years i.e. for the period ending on 31-03-2016. And thereafter slaughter house shall be allowed to be used and operated on such basis and terms and conditions as may be allowed and settled by the Nigam under the law.

(12) Slaughter House shall be modernized within a maximum period of one year from today out of the funds referred to in Clause 1(a), (b), (c), (d) and (e) above.

(13) Nagar Nigam Meerut, District Authorities and other concerned authorities shall be duty bound to ensure that all steps are taken to promote expeditious execution of the Project Report referred to above and further hereby directed to extend desired support and full cooperation to the petitioner in establishing "modern Slaughter House". Laxity or negligence in any manner on the part of either party shall be deemed and treated deliberate act of interfering with the compliance of this order of the Court.

The Writ petition is allowed by moulding the reliefs subject to the conditions and to the extent indicated above"