(1) RP(C) 291/96 in WP(C) 13381/81 List this matter after three weeks on a non-miscellaneous day. IAs 69 and 71 in WP (C) 13381/81 (2) LIST these IAs after three weeks on a non-miscellaneous day. IAs 66 and 67 in WP (C) 13381/81 (3) LIST these IAs tomorrow i.e. 5-4-2000. SUO-MOTUCONT. PETITION (C) 176/ 1999 IN WP(C) 13381/81 (4) ON 10th January, 2000 this Court issued notice to Mr. PK Upadhyay, the erstwhile Mukhya Nagar Adhikari of Agra Nagar Nigam (ANN) who is now the Additional Commissioner of Agra Division to be present before the Court. It was also directed that officers of the Central Pollution Control Board shall visit the site and report the extent of work done or remained to be done. The Contractor was also directed to be present. On 24th January, 2000 when the matter could not be taken up on that day and was adjounred. (5) AN affidavit has been filed by Mr. PM Ansari, Additional Director, Central Pollution Control Board, Delhi. The said affidavit states that a team of officers had visited Agra on 21st January, 2000. The details relating to the on-going work in relation to the new slaughter house were gone into and it was noticed that in respect of the five distinct items of work different target dates had already been fixed for the same namely, 15th February, 2000, 10th February 2000. February 16 - 7th March, 2000,31st March, 2000 and 8th March, 2000. In addition to the above affidavit certain "observations" and "recommendations" were made by the said team after visiting the old slaughterhouse at Nagla Mewat near Taj Mahal and also the place where the new slaughter house is proposed to be located at Village Kuberpur, Agra. (6) LEARNED counsel appearing for the Central Pollution Control Board has pointed out that Item Nos. ? to 3 of the said report deal with the state of affairs in relation to the existing slaughter house. As far as the new slaughter house is concerned, the observations are contained in paragraphs 4 to 21. The recommendations relating to the existing slaughter house and the new slaughter house are separately mentioned and 11 recommendations have been made in that behalf. A further affidavit of progress report has been filed on 29th February, 2000 by Shri M.S. Bhatnagar, Sr. Executive (PUR), National Dairy Development Board, Safdarjung Enclave, New Delhi in respect of the progress.
The recommendations relating to the existing slaughter house and the new slaughter house are separately mentioned and 11 recommendations have been made in that behalf. A further affidavit of progress report has been filed on 29th February, 2000 by Shri M.S. Bhatnagar, Sr. Executive (PUR), National Dairy Development Board, Safdarjung Enclave, New Delhi in respect of the progress. This is based on inspection done by the officers on 29th February, 2000. So far as the new slaughter house is concerned, Clauses a, b and c of para 2 of the said report/affidavit mentions the action taken subsequent to the previous report of progress up to 29th .February, 2000. Learned counsel appearing for the erstwhile Mukhaya Nagar Adhikari, submits that now an agency has also been finalised for operation and maintenance of the plant and memorandum of understanding in this connection will be entered into in due course and ANN is taking action for completion of the pending activities so that the plant can be commissioned and handed over to the agency for operation and maintenance by early April. (7) BUT we are of the view that the new slaughterhouse cannot be allowed to operate unless the various recommendations made by the Central Pollution Control Board (CPCB) are complied with by the ANN which are given in its inspection report D/- 24th January, 2000. (8) COUNSEL for the ANN is not present today. The ANN is, therefore; directed to file an affidavit before the next date of hearing as to the manner in which it proposes to implement the recommendations of the CPCB. It is also expected that the ANN will comply with all the recommendations made by the CPCB. (9) HAVING regard to the state of affairs with regard to the existing slaughter house which is stated to be in a very bad shape, as mentioned in the paragraphs 1 to 3 of the observations of the officers of the CPCB above referred to, we are of the view that till steps are taken to make the new slaughter house operational, the ANN should close down the existing slaughter house (at Nagla Mewat, near Taj Mahal) w.e.f. 15th April, 2000. In fact, it is revealed from the inspection that there is no arrangement of drainage of effluent or treatment of effluent. Even the solid waste is dumped in the victinity.
In fact, it is revealed from the inspection that there is no arrangement of drainage of effluent or treatment of effluent. Even the solid waste is dumped in the victinity. A strong stench can be felt even from 500 metre away. About 250-300 buffaloes are slaughtered every day. We, therefore, direct the ANN to close down the said slaughter house by 15th of April, 2000. (10) THE ANN is also directed to file an affidavit as to whether the contractors have complied with the various works assigned to them and whether any works are still pending. (11) LIST this matter after three weeks on a non-miscellaneous day. (12) HOWEVER, personal presence of Mr. P.K. Upadhyay is dispensed with for the present.