WP-2602-2015
        (RAMESHCHANDRA CHAWALA Vs INDORE MUNICIPAL CORPORATION)


24-04-2017

Shri Vinay Saraf, counsel for the petitioners.
Shri Satish Tomar, counsel for the respondents no.1 and 2/Indore

Municipal Corporation.

Ms. Preeti Waghmare, counsel for respondent no.3.

The petitioners are licencee of the shops in the meat market whereby the petitioners were given licence of the slaughter of the animals and sale of meat in the shops owned by the Indore Municipal Corporation.

The Municipal Corporation has filed an affidavit that on account of non-compliance of the mandatory provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, the slaughter house situated at Sadar Bazar has been closed. Earlier, this Court passed an order on 07.05.2015 directing the respondents no.1 and 2 to restore and supply of electricity and water in the slaughter house situated at Sadar Bazar, Indore interalia for the reason that the said slaughter house is in use since British time, therefore, it should be allowed to continue. We have heard learned counsel for the parties and find that merely because slaughter house is running since long, does not mean the slaughter house can be permitted to be used even if it does not comply with the provisions of Water (Prevention and Control of Pollution) Act, 1974 and/ or the Air (Prevention and Control of Pollution) Act, 1981. Since, admittedly, no consent under the aforesaid Acts has been obtained; therefore, the slaughter house at Sadar Bazar cannot be permitted to be used. In fact, it has been closed down by the Municipal Corporation itself. Consequently, the petitioners, who are licencee from the Municipal Corporation for running of the slaughter house and for sale of meat cannot be permitted to continue to use slaughter house unless the consent under the Water (Prevention and Control of Pollution) Act, 1974 and/ or Air (Prevention and Control of Pollution) Act, 1981 and other applicable laws, if any in respect of the premises in question is granted.

Accordingly, the writ petition stands disposed of with direction to the Municipal Corporation not to use slaughter house or any building or shops, without obtaining consent under the aforesaid Act either by the owner or by the licencee thereof, as the case may be.

Certified Copy as per rules.

(THE CHIEF JUSTICE)                             (ALOK VERMA)
      JUDGE                                        JUDGE