Nasir Hussain And Others vs State Of U.P. And Others
2013 Latest Caselaw 7369 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 3155 of 2009
 

 
Petitioner :- Nasir Hussain And Others
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- Prabhakar Awasthi,Devwendra Swaroop,P.K.Kashyap
 
Counsel for Respondent :- C.S.C.,Anil Tiwari
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

It is the case of the petitioner that he was earlier granted a license permitting slaughter of 75 cattle per day which was subsequently  enhanced to 250 cattle per day under the order dated 11.6.2006.

However the U.P. Pollution Control Board is stated to have passed some order restraining the slaughter of animals beyond certain limits.  However, this order was withdrawn with a direction that the matter needs to be examined by the Nagar Nigam at the first instance.  The petitioner therefore approached the Nagar Nigam and when their application was not being processed, the petitioner filed writ petition being writ petition No. 62489 of 2008.  The writ petition was disposed of vide order dated 4.12.2008 permitting the petitioner to represent his grievance before the Nagar Aayukt, Bareilly.

The Nagar Aayukt, Bareilly under the order impugned dated 2.1.2009 has provided that having regard to the location of the present slaughter house and its capability slaughter of 75 animals only can be permitted so as to avoid pollution and inconvenience to the resident of the locality.  It has further been provided that a modern slaughter house is to be constructed in near future and in that circumstance permission for  slaughtering a larger number of the cattle shall be considered. 

It is against this order that the present writ petition has been filed.  As on date it is not known as to whether any modern slaughter house  has been constructed or not. 

Learned counsel for the petitioner submitted that the papers pertaining to the construction of modern slaughter house are pending consideration before the State Government since a long time and there is no justification in not permitting the petitioner to slaughter  325 cattle per day and a valuable right to carry on business under the licence is being adversely effected. 

Having heard the learned counsel for the parties and examined the record, we are of the considered opinion that it is the duty of the Nagar Nigam to ensure that the pollution levels in the area are maintained within the permissible limit and no inconvenience is caused to the resident because of the excessive slaughter of the animals in the slaughter house.  We therefore, see no good reason to interfere with the order of the Nagar Aayukt. 

We only provide that as and when a modern slaughter house is constructed it  shall be open to the petitioner to seek enhancement of the number of cattle to be slaughtered per day.

The writ petition is disposed of.

Order Date :- 10.12.2013

Priyanka