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Buffalo Traders Welfare Association And Others v. Maneka Gandhi And Others

Buffalo Traders Welfare Association And Others
v.
Maneka Gandhi And Others

(Supreme Court Of India)

Special Leave to Petition (Civil) No. 7790-91 Of 1994 With Special Leave to Petition (Civil) No. 7808 Of 1994, Interlocutory Application No. 1, Special Leave to Petition (Civil) No. Of 1994 | 18-05-1994


1. We have heard learned counsel for the parties

2. On behalf of the petitioners it is urged that the High Court had drastically reduced the number of animals to be slaughtered to 2500 per day. As a matter of fact, there are about 10, 000 workers who are employed in slaughtering. With this number of 2500 animals to be slaughtered many of them will be thrown out of employment. It will only lead to illegal and unhygienic slaughter. Having regard to the fact that the Municipal Corporation of Delhi is stated to have spent Rs. 70 lakhs for the improvement of the Slaughter House at Idgah, this Court must permit more number of animals to be slaughtered. The further submission is, at least, by shifts the slaughtering could be permitted. In such a case more number of animals could be slaughtered. That may ease out the problem in a way

3. On behalf of the respondents it is urged that no increase in the animals to be slaughtered is permissible since all the relevant considerations were borne in mind by the High Court. In fact, it had given directions to improve the prevailing conditions in larger public interest. In order to ensure compliance of these directions a high-powered committee headed by Justice J. D. Jain, retired Judge of the Delhi High Court has been constituted. Therefore, nothing further is warranted under the circumstances

4. On a perusal of the judgment which is impugned before us we think it does not call for any interference. The order of the High Court unexceptionable as it is to the extent it goes, deals with only a part of the problem. The prevalent conditions in the Idgah Slaughter House were, apparently, appalling and the High Court has, very rightly, insisted on ensurement of certain minimal health and hygiene standards. But that is only one side of the story. What should happen to the thousands of workers who are thrown on the streets jobless What again is the way to meet the meat requirement of a large city What about the thousands of persons who live by this trade But then courts do not possess any such expertise as to enable it to decide for itself the conditions justifying increase in number of animals to be slaughtered. That has to be considered by an expert body, keeping in mind the environmental aspect including the treatment and outlet for effluents, proper cleaning, sewerage and water-supply facilities

5. We have been furnished with panels of names from both sides. From out of those panels we constitute the following Expert Committee

1. Justice J. D. Jain, Retired Judge, Delhi High Court (Chairman)

2. Dr. A. K. Chatterjee, Former Joint Commissioner, Meat & Meat Products and Animal Husbandry Commissioner, Govt. of India

3. Dr. H. A. B. Parpia, Former Director, Central Food and Technology Research Institute, Mysore

4. Dr. B. V. Chintaman, (Convenor) Former Executive Engineer, Deonar Abattoir

5. Dr. D. K. Biswas, Chairman, Central Pollution Control Board

6. Dr. S. C. Maudgal, Adviser, Ministry of Environment & Forests

7. Chief Engineer, S. P. Zone, New Delhi

6. The Committee may amongst other relevant issues consider specifically the following two aspects

(i) The conditions and additional facilities and infrastructure and services necessary to augment an increase in the number of animals for slaughtering at the Idgah Abattoir;

(ii) Establishment of a mechanised Slaughter House of an adequate capacity to meet the requirements of the consumers of the trade of both internal and export

7. While considering these aspects the Committee shall have regard to the present impasse created, throwing a large number of workers out of employment. Of course, availability of good meat prepared under hygienic conditions and public interest are vital concerns which have to be considered paramount. The Committee may suggest short-term plans to get over the present difficult situation. Likewise, mid-term and long-term plans for establishing a modern Slaughter House, the emphasis being cleanliness, hygiene and pollution control. The Committee could also suggest the feasibility of import of appropriate modern technology

8. The suggestions and recommendations of the Expert Committee shall be placed before the High Court of Delhi which shall issue such directions as it may deem fit. We would like to stress that the short-term plans to augment the capacity may be made by the Expert Committee at a very early date after a personal visit and inspection of the Idgah Slaughter House. Such suggestions may be considered by the High Court of Delhi, if necessary, in a vacation sitting. We would request the learned Chief Justice to constitute a Bench in the vacation, if required, as the matter might require urgent remedial measures on a consideration of the Expert Committees advice and recommendations.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE M. N. VENKATACHALIAH (CJI)

HON'BLE JUSTICE S. MOHAN

Eq Citation

1994 (3) SCALE 1

(1994) SUPPL. 3 SCC 448

LQ/SC/1994/566

HeadNote

Constitution of India — Art. 226 — Slaughter House — Reduction of number of animals to be slaughtered — Reduction of number of animals to be slaughtered from 10,000 to 2500 per day by High Court — Validity of — Held, High Court's order unexceptionable to extent it went — But it dealt with only part of problem — What should happen to thousands of workers who were thrown on streets jobless — What again is way to meet meat requirement of large city — What about thousands of persons who live by this trade — Courts do not possess any such expertise as to enable it to decide for itself conditions justifying increase in number of animals to be slaughtered — That has to be considered by expert body — Expert Committee constituted to consider this aspect