LexAKHIL BHARAT GOSEVA SANGH ETC versus STATE OF ANDHRA PRADESH AND ORS.
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A AKHIL BHARAT GOSEVA SANGH ETC. v. STATE OF ANDHRA PRADESH AND ORS. MARCH 12, 1997 B (B.P. JEEVAN REDDY AND SUHAS,C SEN, .JJ.] Andhra Pradesh prohibition of Cow Slaughter and Animal Preservation Act, 1977-Export promotion Scheme-Agricultural products including meat and beef-Project of Mis Al Kabeer Slaughter House--lmpact on depletion C of cattle population including buffalo population. The Central Government constituted an inter-ministerial committee pursuant to an oriler dated 25.10.1994 passed by this Court requesting the Central Government to look into all relevant aspect as directed by the High D Court of Andhra Pradesh in its judgment dated 16.11.1991 with regard to the pollution of air and water. The committee accepted recommendations and suggestions made by the Krishnan Committee, the Environmental Audit Report along with the Environmental Management Firm Report along with the Environmental Management Plan prepared by the company. However, it was report that the Krishnan Committee's assumption and E apprehensions on depletion of cattle due to establishment of M/s. Al Kabeer's slaughter house, not being based on correct scientific analysis and adequate reasoning were not acceptable as amongst the bovine animals, the project of Mis Al Kabeer was to utilise only the unproductive buffaloes and not cow & its progeny and that adequate number of un- F productive buffaloes were and will be available for use in this slaughter house and other slaughter houses in Andhra Pradesh; that the Committee's suggestion of State Government taking over M/s. Al Kabeer slaughter house for supply of meat for domestic requirement being con- trary to the objective of giving permission for setting up of abattoir by M/s Al Kabeer, as well as Government of India's programme for increase of G export of meat and meat products as there is need for modernising the existing abattoirs in the State for which the State Government may take appropriate steps separately; that the suggestion of Krishnan Committee, of the company undertaking effective programmes to raise feed cattle for meeting 50% requirement of the abattoir is not practicable and not H acceptable and therefore, tl1e company should prepare a plan in consult- 1040 - r AKHILBHARATGOSEVASANGHv. STATE[B.P.JEEVANREDDY,J.J 1041 ation with the State Government and take up its implementation in con- A junction with the State Government for promoting better animal hus- bandry practices. The appellants filed a number of objections stating that reliance in the report placed upon 15th quienquennial live stock Census 1993 prepared by the Directorate of Economics and Statistics, Government of B Andhra Pradesh is misleading as that report reflected the position upto September-October, 1993 when the Al Kabeer had commenced its opera- tion only in April, 1993 and that if the re11uirement of Al- Kabeer is taken into consideration which is 1.8 lakhs buffaloes per annum, there will be a substantial depletion of buffalo population as a result of the working of C Al-Kabeer, in the Telengana region of Andhra Pradesh and other adjoining areas in general and that the Census figures of the years 1987 to 1993 could not constitute a valid basis for arriving at the conclusion that the sub- stantial drawals of buffaloes from Telengana region from April, 1993 onwards would not have a negative effect upon the cattle wealth. The respondent submitted that this project had been cleared and promoted as part of export promotion scheme of Government of India and D the Parliament had enacted Agricultural Processing Export Development Authority Act, 1986 with a view to promote the exports of agricultural products including beef and meat and that environmental and all other . E aspects have been fully taken into consideration before permitting the establishment of this unit and that the Government of Andhra Pradesh . . stands by Krishnan Committee Report, being opposed to the contents and conclusions recorded by the Report submitted by the Government of India. Disposing of the matter, this Court HELD : 1.1. Al-Kabeer started functioning only in April, 1993 and the effects and impact of its functioning will be known only if one studies F the figures of availability and/or depletion of buffalo population over a period of one or two years after Al-Kabeer started functioning. Merely showing that there had been a marginal increase in buffalo population G betw
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