LexAKHIL BHARAT GOSEVA SANGH ETC. ETC. versus STATE OF ANDHRA PRADESH AND ORS.
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A B c D E F G AKHIL BHARAT GOSEY A SANGH ETC. ETC. v. ST ATE OF ANDHRA PRADESH AND ORS. OCTOBER 25, 1994 [B.P. JEEVAN REDDY AND SUHAS C. SEN, JJ.] Environment Law-Setting up of Slaughter House-Permission granted by State Government-Challenged before High Court-High Court directs a report to be prepared by State Government-Central Government directed to pass orders after considering the report-Central Government fails to pass any order-Report containing serious reservations about the Slaughter House-Held, Central Government must consider the report and pass pppropriate orders as directed by the High Court. 'X', which carried on business of processing and exporting buffalo as well as goat/sheep meat, applied for permission to the Gram Panchayat of Rudraram for setting up a slaughter house at Rudraram. The Gram Panchayat granted "No Objection Certificate" to 'X'. 'X' was also granted "No Objection Certificate" by the Andhra Pradesh Pollution Control Board and the Animal Husbandry Department and letter of intent for manufacturing meat by the State Government. These permissions were subject to certain conditions which were to be followed by 'X'. One such condition was that only old and useless buffaloes would be slaughtered and that no cows or calves would be slaughterGd. On July 24, 1990, by a notice under Section 131 (3) of the Andhra Pradesh Gram PanchayatAct, 1964, the Executive Officer ofthe'Gram Panchayat suspende<! the "No Objection Certificate" granted in favour of 'X' on the ground of law and order problem. The order of the Executive Officer was ~hallenged by 'X' by way of a writ petition. Subsequently, 'X' withdrew the writ petition and filed a revision petitiou before the State Government challenging the order of the Executive Officer. The revision petition of 'X' was allowed by the concerned Minister on September 15, 1990 and 'X' was permitted to carry on construction of the slaughter house. Two writ petitions we~e filed in the High Court of Andhra Pradesh by certain organisations/individuals challenging the validity of order H passed by the State Government on September 15, 1990. Single Judge 146 - A. B. GOSEVA SANGH v. STATE OF A. P. 147 admitted the writ petitions and suspended the order of the State A Government. Against this interim order, both the State Government as well as 'X' preferred writ appeals. During the hearing of the said appeals, the Division Bench heard the main writ petition itself and disposed it of on November 16, 1991 with certain directions. The Division Bench directed the State Government to prepare a detailed report regarding the likely effect of setting up of the slaughter house on B the environment and the cattle wealth in the concerned area. The report of the State Government was to be forwarded to the Central Government which was directed to consider the report and pass appropriate orders in relation to the establishment of the slaughter house. · c Pursuant to the order of the Division Bench dated November 16, 1991 the State Government constituted a committee known as 'Krishnan Committee'. Before the Committee, the Food and Agriculture Department of the State Government objected to the establishment of the slaughter house on the ground that it would lead to depletion of already declining cattle wealth. The Food and Agriculture D Department further pointed out that as there was an embargo on slaughter of healthy productive animals as well as calves. below three years of age, 'X' would be compelled to slaughter only sick and old animals which would adversely affect its exports. Therefore, there would be tendency to maim animals or render them useless and non- E productive circumventing the law. The Department was of the opinion that establishment of slaughter house would adversely affect soil fertility and marginal farmers. The Krishnan Committee, in its report accepted the apprehension of the Department as well founded. The Committee recommended that 'X' should raise its own feed cattle initially to the extent of not less than 50 percent of its capacity and F eventually to the extent of 100 percent of its capacity. In the alternative, the Committee recommended, a modern slaughter house may be set up taking over the plant of 'X' which would meet the meat requirement of the area and the unhygenic private slaughter houses may be closed down. The Chief Secretary of Andhra Pradesh, forwarded the report of
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