LexBUFFALO TRADERS WELFARE ASSOCIATION AND ANOTHER versus MANEKA GANDHI AND ORS.
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A BUFFALO TRADERS WELFARE ASSOCIATION AND ANOTHER B v. MANEKA GANDHI AND ORS. NOVEMBER 30, 1996 [KULDIP SINGH AND B.L. HANSARIA, JJ.] Ecology and Environment-Closure of Hazardous and noxious in- dustlies-Jdgah Slaughter House-Directions for continuance upto 30th June, 1997 only-Only goats/he goats/sheep numhe1ing 2000 per day shall be per- C mitted to be slaughtered-No other animals shall be slaughtered-l!uffaloes (any sex), cows, bulls (i.e. large animals) shall not be permitted to be slaughtered-The buffalo section of the slaughter house shall be closed with immediate effect-The slaughter house shall be kept environmentally clean by the MCD-The animal market shall not be permitted to function near the D slaughter house-17ze Municipal Co1poration of Delhi shall stop all illegal slaughte1ing near I dgah or any other pa1t of Delhi-H eary pollution fine shall be imposed by this Court on polluters indulging in illegal slaughter- ing-Municipal Corporation of Delhi shall take steps on war-footing to con- struct the modern slaughter house on the alternative land already acquired by the Corporation. E F CIVIL APPELLATE JURISDICTION: I.A. No. 2 in Civil Appeal No. 3769 of 1996 etc. From the Judgment and Order dated 27.1.95 of the Delhi High Court in W.P. No. 2961 of 1992. S.K. Dholakia, R.F. Nariman, Dr. A.M. Singhvi, Arnn Jetly, Amit Dhingra, Shakil Ahmad Syed, P.H. Parekh, K.C. Dua, M.M. Isreily, M.C. Uddin, T. Qureshi, A.R. Khan, S.P. Jha, Ms. Sheil Sethi, M.C. Mehta, Adv. (NP), Hardeep Singh, B.S. Banthia, R.C. Asthana, R.K. Maheshwari, G Ashok K. Srivastava and Sushi! Kumar Jain for the appearing parties. The following Order of the Court was delivered : These two applications relate to Idgah Slaughter House, Delhi. The common prayer in both of them is to hold that the order dated July 8, 1996 H passed in IA No. 22 connected with WP (C) No. 4677 of 1985 does not 410 BUFFAL01RADERSWELFAREASSN.v.MANEKAGANDHI 411 have the effect of modifying and/or setting aside the order dated 19.2.1996 A passed in the connected Civil Appeals, by which interim order of status quo was passed, while grating special leave. As the order of status quo is in conflict with the order passed in the writ petition, a clarification has also been sought that notwithstanding the later order, the order of status quo would continue to remain in operation. B 2. The order in the writ petition relates not only to Idgah Slaughter House, but to 168 industries, of which the Slaughter House is one. By that order it was held that all the 168 named industries are "hazardous/noxious" and, therefore, a direction was given that these industries shall stop functioning and operating in the city of Delhi with effect from November C 30, 1996. Direction No. (8) stated that the closure order shall be uncondi- tional by adding that "(e)ven if the re-location of industries is not complete they shall stop functioning in Delhi with effect from November 30, 1996. 3. As the aforesaid order is relatable to 168 industries, it has to be D seen whether any exception can be made insofar as the Slaughter House is concerned to permit it to operate and function beyond November 10, 1996. It is worth pointing out that when the Inter Locutory Application in the Writ Petition was being heard, nobody had appeared on behalf of the· Slaughter House, despite ample opportunities having been given. This apart, perusal of the order dated July 8, 1996 shows thai that had come to E be passed after this court was satisfied beyond doubt regarding the haz- ardous nature of the Slaughter House, because of what was found by Central Pollution Control Board, Delhi Pollution Control Committee and a Special Committee Constituted by this Court. 4. Further, insofar as the Slaughter House is concerned, a Division Bench of Delhi High Court had, as early as 1.10.1992 by its judgment in F CW Nos. 2267/90, 158/91 and 130/92, directed, inter alia, that the Slaughter House shall be closed with effect from December 31, 1993 or from any earlier date which may be fixed by the Court keeping in view the facts and G circumstances which may arise before that date. The Delhi High Court came to be seized with another petition on the same subject filed by Maneka Gandhi, who had initially approached this Court by making a grievance regarding the "unhygienic, inhuman and horrible conditions prevalent at Idgah Slaughter House of Delhi." This Court directed the H
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