P.K. Bahri, J.

1. These three writ petitions pertain to the problems arising out of the running of a slaughter house located at Idgah. This slaughter house has been functioning for the last about 90 years and is being managed since 1957 by the Municipal Corporation of Delhi (for short the Corporation). In view of the provisions of Sections 405 to 507, it is the Corporation which has to provide and maintain slaughter houses and no person without the general or special permission of the Commissioner is entitled to sell or expose for sale any animal or article in any Municipal market and no place can be used as a market place unless the Commissioner has licensed the same as a market and no place other than a Municipal slaughter house can be used as a slaughter house. It is the obligatory function of the Corporation as contemplated in Section 42 and other provisions of the Delhi Municipal Corporation Act to make adequate provisions for scavenging and removal of filth, rubbish and other obnoxious or polluted matters.

2. The present slaughter house when it was set up about 90 years back was meant to cope with slaughtering of about 400 sheep and goats and about 50 buffaloes to meet the requirements of the population of Delhi. With the passage of time the population of Delhi has increased to about 85 lakhs or odd and thus at present about 8,000 sheep and goats and about 2,000 buffaloes on average are being slaughtered every day in the said slaughter house which not only meet with the requirements of the meat of the non-vegetarian section of the population of Delhi but also meet with the requirements of business of export of meat.

3. Mohd. Iqbal Qureshi has filed the writ petition (C.W. No. 2267/90) praying the same to be treated as a public interest litigation in which he wanted directions of this Court for issuance of a mandamus to the Municipal Corporation of Delhi to make the functioning of slaughter house better and also should meet with the requirements of Ministry of Environment and Forest communicated to the Corporationvide order dated November 7, 1988.

4. It is, indeed, not in dispute that earlier Delhi was sparsely populated and particularly there was not much habitation around this slaughter house and with the passage of time with the increase of population the said area has become a thickly populated area and there has come about schools and religious places as well in the vicinity of the said slaughter house. There exists a three cornered park outside the precincts of the slaughter house. It is the complaint of the citizens residing around the said slaughter house that their lives become virtually a hell inasmuch as at all points of time dead animals remain lying on the road and roadsides and particularly the said park has been converted into almost a cattle market which have brought about unhygienic conditions and it has become very hazardous for the health of the residents of the said area. The school-going children are subjected to ghastly sights of dead putrefying cattle lying on the roadside. It is alleged that these carcasses of the dead animals are not removed promptly and the Corporation has not been performing its statutory obligations.

5. It appears that an action has been taken against the said slaughter house under the provisions of the Environment (Protection) Act, 1986. The Central Pollution Control Board set up under the said Act had taken some samples of effluence from the said slaughter house and it found that the same showed very high values of chemical oxygen demand and bio-chemical oxygen demand and it was found that the same is causing environmental problem. Directions were issued to the Corporation for setting up a treatment plant so that the said effluence emerging from the process of slaughtering of the cattle are treated before being put into sewage pipes. Even an order was passed that as the Corporation had not complied with the directions, this slaughter house should cease to function with effect from January 1, 1991. The non-compliance of the order passed under the said Act enables the authorities to prosecute the Corporation under Section 15 of the Act.

6. The other writ petition (C.W. No. 158/91) has been filed by private citizens who represent various associations of the area praying that the said slaughter house should be closed as the same is causing great havoc to the health of the residents of the said area. There has been a demand for shifting the slaughter house from the present location by the various agencies since 1983.

7. During the pendency of the writ petitions, a Local Commissioner was appointed by this Court who had visited the site and had given a comprehensive report and has also taken photographs which depict the lawful conditions existing in the slaughter house and also in the vicinity.

8. The Corporation had come up with the plea that steps are being taken for modernising the said slaughter house in collaboration with Hungary and it will take some time for modernising the present slaughter house.

9. The first question to be decided is whether the Corporation should or should not shift the slaughter house from the present location as with the passage of time the slaughter house presently exists in a very thickly populated area. On November 18, 1991, this Court required the Union of India to allocate certain sites in or around Delhi where one or more modern slaughter houses could be set up as it is not disputed from any side that the present slaughter house had outlived its utility and lacks in all modern techniques of slaughtering and for proper treatment of the effluence and is not functioning in any hygienic conditions. The Court also expressed that there was no reason or justification as to why the present slaughter house should not be shifted to some more appropriate area. The Corporation had been taking the stand that steps are being taken for modernising the said slaughter house and permission was yet to be obtained from Public Investment Board. Directions were issuedvide order dated December 19, 1991, that a final decision be taken in this regard on or before February 28, 1992. It was also directed by the Court that Union of India should make available to the Corporation on or before February 28, 1992, adequate area of land on which a slaughter house complex could be set up where area should under no circumstances be less than 10 acres and as agreed by Union of India such land should be made available in Narela. Directions were issued to the Corporation for starting the new slaughter house on or before August 31, 1992. It was also directed that in order to immediately relieve congestion, the slaughtering for export should be closed on or before February 28, 1992.

10. All India Meat and Livestock Exporters Association have the third writ petition (C.W. No. 830/92) in which they pray that as the Court had given directions for closing the slaughtering for export purposes in the present slaughter house the Corporation should make available another slaughter house where the slaughtering for export purposes could be done. It was prayed that such slaughter House should be provided on or before February 28, 1992.

11. The petitioners in the other two writs have also moved application in the main writ (C.W. No. 2267/90) for being made parties in the main writ as well. The application CM 399/92 was moved seeking modification of the order with a prayer that the present slaughter house should be allowed to continue to function at the present site as the traders who were functioning from the said slaughter house would be put to inconvenience if the slaughter house was shifted to Narela. The Courtvide its order dated February 17, 1992 held that keeping in view the interests of the local inhabitants the slaughter house at present site which is a health hazard and a source of causing nuisance to the neighbourhood as it is located in the heart of the city cannot be allowed to function at that place. It was observed that the insanitation at the present site cannot be allowed to continue indefinitely because the members of the applicant-association would find it inconvenient to travel some distance to a new slaughter house which will be set up in future.

12. The Agricultural and Processed Food Products Exports Development Authority, which is a Government organisation, had moved an application for permitting the slaughtering for export purposes also to be continued in the slaughter house till the new slaughter house was to be set up. It was mentioned by the said authority that the country is earning about Rs. 50 crores in foreign exchange by export of meat products and if the slaughtering for export purposes is stopped the country is bound to lose the said precious foreign exchange. It was also mentioned by this authority that steps are being taken for setting up an integrated modern slaughter house and the said project would be completed in about two years, time from the date the possession of the land is given and the importers have come forward for financing the said project The Court then in view of the new developments permitted the slaughtering for export purposes also to continue at the present slaughter house.

13. Since the passing of the said order certain further developments have taken place. It appears that notifications under the Land Acquisition Act have been issued by the Delhi Administration for acquiring the land for setting up a new slaughter house. An inter ministerial meeting was held under the Chairmanship of Deputy Minister for Commerce on January 24, 1992 where one of the options which was to be given prompt attention was to locate a suitable site on the outskirts of Delhi for establishing an integrated slaughter house. The Delhi Administration had expressed the view that slaughtering for the purpose of export may not be carried on in the proposed new slaughter house. The Chairman of Agricultural and Processed Food Products Exports Development Authority pointed out that 30-40% of the raw chilled meat exports originate from Delhi and a slaughter house which is perfectly environment-friendly should be constructed on the outskirts of Delhi for needs of the export business. A committee was constituted of higher officers of various organizations including Municipal Corporation of Delhi for taking decision regarding location and mode of financing of a new slaughter house.

14. Another inter-ministerial meeting was held under the Chairmanship of Deputy Minister for Commerce on March 17, 1992, wherein it was recorded that it is for the Government to decide an appropriate location for setting up of an integrated slaughter house which should be for both domestic and export purposes. The Delhi Administration was directed, to finalise the location for setting up such a slaughter house within two months and to take up the implementation of the project on a time bound basis.

15. On April 29, 1992, another inter-ministerial meeting took place and it was decided that need to set up modern abattoir at a new site was recognised by concerned authorities and there should be no delay in putting this up. The question whether the new slaughter house is to be used only for domestic purposes or for both domestic and export purposes is to be sorted out later on in a meeting between the Commerce Minister and the Lt. Governor of Delhi and the question relating to the ownership, management, financing of such abattoir shall be finalised in that meeting and it was also resolved that the action should be taken for upgrading and modernising the present slaughter house by making it more hygienic and environment friendly. It was also resolved that efforts should continue to be made to identify suitable land in the NCR adjoining Delhi for setting up another slaughter house facility in order to decongest the city and this should be in addition to the proposed new slaughter house at Delhi.

16. Another inter-ministerial meeting took place on June 4, 1992, under the Chairmanship of Commerce Minister and in that meeting the Delhi Administration had indicated that it would take at least one year to acquire the land for the purpose of setting up a new slaughter house and it would take about 2 to 2 years for setting up a new modern slaughter house at a new place. It was then decided that proposed integrated slaughter house should be completed within 3 years i.e., by December 31, 1995.

17. Another meeting took place on June 17, 1992, under the Chairmanship of Secretary (AH & D) wherein it was observed that it was not possible or practicable to distinguish between slaughtering for domestic and for export purposes and efforts may be made at first to modernisle the Idgah Slaguhter House to take care of problems of pollution, unhygienic conditions, etc.

18. The Local Commissioner, who had visited the site earlier and given his report, was again required to visit the site without informing any of the parties in order to find out the present conditions prevailing in the said slaughter house and in the vicinity. His report shows that no improvement has been effected at all either in the neighbourhood or inside the slaughter house. He has given a detailed report in this connection. At the time of hearing the Counsels for the parties were allowed to peruse the said report before addressing arguments.

19. We had in our previous order required that the slaughtering for purposes of export should stop in the slaughter house in question by February 28, 1992 and a new slaughter house be set up on or before August 31, 1992. The operation of the said directions was stayed on applications being moved by the exporters as well as by the Government institutions. It appears that it is difficult for the authorities to check as to whether the slaughtering is of the animals for export purposes or for domestic purposes. So, for this reason it would be appropriate to vary the orders already made by us and give a direction that the slaughtering house at Idgah should stop functioning by a particular date and the authorities should take urgent steps to set up one or two slaughtering houses at appropriate places. It may be mentioned here that under the provisions of the Delhi Municipal Corporation Act a duty is cast on the Delhi Municipal Corporation to have the slaughtering house for meeting the needs of the residents of Delhi. It is because of this reason the exporters association had offered to set up a slaughtering house at their own expense at a place to be provided by the Government and they had also offered that such a slaughtering house could cater to the needs of export as well as residents of Delhi. They are prepared to finance such a slaughtering house and we hope the authorities would take into consideration this offer of the exporters association. The date fixed for closure of the Idgah Slaughter House has to be changed in view of the facts and circumstances which have come into existence which show that the authorities have not been able to for some goods reasons set up a new slaughtering house as yet. Thus we extend the date to Dec. 31, 1993.

20. It is clear from all points of view that the existence of the present slaughter house in the congestedly populated locality is proving to be hazardous to the health of the people residing in the vicinity. The conditions existing in the vicinity of the slaughter house, to say the least, are appalling. This slaughter house has to be directed to be closed down at the earliest but we have to keep in view also the interests of the general public for whose needs the existence of a slaughter house is a must.

21. It is, hence, incumbent upon the authorities to take a very prompt action for having a new slaughter house at a convenient place which is away from the city and that slaughter house must be made available at the earliest after giving the project top priority and we see no reason why such a slaughter house cannot be set up, say within one year. Keeping in view the lethargic way the authorities move, we think that we should give directions that a new slaughter house must be constructed on or before December 31, 1993.

22. Keeping in view the fact that the Delhi Municipal Corporation under the statute is required to maintain a slaughtering house for meeting the needs of the residents of Delhi and are not obliged to provide any slaughtering house for meeting the export needs and the fact that the Corporation had pointed out that it was incurring much more expenditure in maintaining the slaughter house than the amount received by them as fees for slaughtering the cattle from the persons concerned, we had vide order dated August 17, 1992, fixed the fee of Rs. 15 for slaughtering per buffalo and Rs. 8 for slaughtering of per sheep/goat and/or 0.50 paise per kg for the certificate in respect of the meat which is exported by weight. It appears that since the said order was made the exporters have not apparently shown that any animal had been slaughtered for export and, thus, have not paid any such fees because they have not been taking necessary certificates. The purport of the order was that they have to pay the slaughtering fees when the animals are slaughtered. So, we make it clear that slaughtering fees shall be realised at the time of the slaughtering of the animals for the export purposes as mentioned above and not at the time of issuance of any health certificate. During the course of the hearing Mr. Kapil Sibal, Senior Advocate, who appeared on behalf of the Exporters Association, had brought a cheque in the sum Rs. 10,00,000 (ten lakhs) to be paid to the Corporation so that the Corporation could meet its expenses for providing hygienic conditions inside the slaughtering house.

23. The Corporation has now informed that different timings have been fixed in the slaughtering house during which the slaughtering would take place exclusively for the export and the persons getting slaughtered any animal during that period shall be required to pay the fees at the rates fixed by this Court for slaughtering of animals for export purposes.

24. It was brought to our notice during the course of arguments that a veterinary doctor can at best examine 300 cattle or so per day i.e., to say that cattle is free from diseases and is fit for slaughtering. Keeping in view the number of cattle being slaughtered daily, it is apparent that in this way about 20 veterinary doctors would be needed so that proper examination of the cattle is done medically before the cattle are slaughtered. We are told that the cattle have to be kept for about 24 hours and are to be properly fed during that period before they are to be medically examined. In view of the shortage of veterinary doctors the said procedure is not being followed. In order that healthy meat is supplied to the consumers, it is absolutely incumbent upon the authorities to see that the cattle are properly examined before they are slaughtered. So, it is required that the Corporation should immediately take steps to increase the number of veterinary doctors and we also direct that the veterinary doctors shall examine the cattle in a proper manner before the cattle are slaughtered.

25. We find that at present after the slaughtering takes place no samples are ever examined to find out whether meat being supplied to the consumers is fit for human consumption. We direct that the health authorities of the Corporation snail lift samples on surprise checking frequently and get those samples analysed from the laboratories in order to see whether proper meat is being supplied to the consumers. The lifting of such samples by surprise checking should be resorted to at least once a week.

26. However, the most important steps which need to be taken by the authorities are to see that no unhygienic conditions continue to exist outside the slaughter house and also inside the slaughter house. It appears that directions regarding closing of the slaughtering of animals for purposes of export may not be practical keeping in view all the facts and circumstances. However, the Court may have to order the closure of Idgah Slaughter House even earlier if the authorities do not take prompt steps for improving the conditions in the slaughter house and also in the vicinity. It is quite clear that no commercial slaughtering of animals can take place except in a slaughter house to be sanctioned by the Municipal Corporation of Delhi. The report of the Local Commissioner shows that illegal slaughtering of cattle is taking place in some of the residential houses located in the vicinity of the slaughter house and no steps are being taken by the authorities to stop the said illegal slaughtering of animals taking place in the residential houses which is cause of extreme nuisance to the neighbours living in the said locality.

27. It is to be emphasized that the Supreme Court in the case of M.C. Mehta, etc. v. Union of India and Others, JT 1992(4) SC 46 [LQ/SC/1992/427] , has directed the closure of mechanical stone crushers which were operating in residential localities like Lal Kuan, Anand Parbat, Rajokari, Tughlakabad and in any other area of Union Territory of Delhi with effect from August 14, 1992 finding that existence of such industrial activity is polluting the air, water and land to such an extent that it becomes a health hazard for the residents of the area.

28. We, hence, keeping in view all the facts and circumstances give following directions:

1. a new modern slaughter house be constructed in any area away from the city which is not populated on or before December 31, 1993;

2. the Idgah Slaughter House shall be closed down with effect from December 31, 1993 or from any earlier date which may be fixed by this Court keeping in view the facts and circumstances which may come about before that date;

3(a) the Municipal Corporation of Delhi is not under an obligation to maintain the slaughter house for the purpose of export and is also incurring heavy losses in maintaining the present slaughter house. The Corporation shall fix specific timing within which the slaughtering can take place for the purpose of export and it will charge a fixed fee of Rs. 15 for slaughtering per buffalo and Rs. 8 for slaughtering per sheep/goat and/or 0.50 paise per kilogram if the meat is exported by weight. Normally slaughtering during these hours will be deemed to be for the purpose of export;

3(b) the fee so collected on slaughtering of animals during the export hours shall be put in a separate account and shall be utilised by the Corporation for the maintenance, improvement and smoothy operation of the slaughter house;

4. the Corporation with the help of police shall carry out a survey of the houses where illegal slaughtering of cattle is stated to be taking place and shall take all legal steps to stop such illegal slaughtering,

5. the Corporation shall within a period of one month depute twenty veterinary doctors in the slaughter house so that the cattle are examined properly in accordance with the guidelines already given to the veterinary doctors before the cattle are slaughtered;

6. the Delhi Administration and the Commissioner of Police are directed to immediately post sufficient police force in the vicinity of the slaughter house who shall ensure that no loading or unloading of cattle takes place outside the slaughter house and no public place including the park outside the slaughter house is used as a cattle market and they shall not allow any cattle to remain there;

7. the Corporation shall also ensure that animals which die in the slaughter house or even any dead animal found lying at any public place outside the slaughter house are immediately removed; and

8. the health authorities of the Corporation shall lift samples of meat from the slaughter house on surprise checking frequently and got those samples analysed from the laboratories in order to see whether proper meat is being supplied to the consumers. The lifting of such samples by surprise checking should be resorted to at least once a week.

9. the Corporation shall appoint sufficient number of veterinary doctors, within three months from today, to be posted at the slaughter house and their duties will be prescribed in order to ensure that cattle are property examined before being slaughtered and healthy meat is supplied to the consumers;

10. in order to see that environmental conditions in this slaughter house as well as in its vicinity are improved in accordance with our orders, we direct constitution of a committee to be headed by Commissioner, Municipal Corporation of Delhi or his delegatee and comprising members i.e., one delegate each from Agricultural and Processed Food Products Exports Development Authority, Central Pollution Control Board, Delhi Development Authority, Health Department of the Municipal Corporation of Delhi, S.H.O. of the area or his delegate, two representatives of export traders association and two representatives from traders dealing in slaughtering of cattle for domestic consumption and four respectable members out of the petitioners in Civil Writ Petition No. 158/93. The committee shall suggest ways and means for improving the hygienic and environmental conditions in the slaughter house and in its vicinity and also monitor the implementation of such steps; and

11. We also constitute another committee to be headed by Deputy Minister for Commerce and comprising members i.e., Secretaries, Urban Development Ministry, Agriculture Ministry, Commerce Ministry, Municipal Commissioner, Chief Secretary, Delhi Administration and Vice-Chairman of Delhi Development Authority, who shall take steps to see that new slaughter house comes into existence before December 31, 1993. Municipal Commissioner shall act as convenor of the committee.

Liberty is given to the parties to move the Court for any appropriate directions in future. Liberty is also given to the petitioners to move the Court for closure of the slaughter house at the earliest if no improvement takes place in the unhygienic conditions in the slaughter house in the vicinity of the slaughterhouse. These writ petitions are disposed of.