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2004 DIGILAW 771 (SC)

BUFFALO TRADERS WELFARE ASSN v. UNION OF INDIA

2004-07-14

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( 1 ) HAVING heard learned counsel for the parties and having perused the previous orders of this Court, we find that the only solution for this problem is to shift both the abattoir and the traders business to one place together where both businesses will be carried on simultaneously side by side. ( 2 ) WE are told that DDA has allotted nearly 80 acres of land for this purpose to MCD for constructing a modern slaughterhouse and that land is in the possession of MCD. Learned counsel for DDA submits that there is no need to change of land user and it is open to MCD to put up construction for the purpose of building modern slaughterhouse, as well as provide space for the cattle traders. In this background, we issue the following directions: that MCD shall construct a temporary slaughterhouse (abattoir) in Ghazipur within six months from today. Thereafter, immediately, slaughtering activities as well as the trade in cattle will be simultaneously shifted to Ghazipur. The slaughterers and the traders in animals concerned will be given suitable place to carry on their business even if it is on temporary basis. Simultaneously, MCD shall construct a modern slaughterhouse keeping in mind the future need as directed by the previous courts order. MCD shall see to it that temporary slaughterhouse and the shifting of the slaughterhouse situated presently at Idgah as well as trading in cattle is transferred to Ghazipur within six months from today. The modern slaughterhouse as directed by this Court also should be completed within two years from today in Ghazipur. In view of the fact that the land in Ghazipur has been specially allotted for the purpose of building abattoir which itself is in furtherance of environmental protection, we pass this order which shall be complied with without reference to any other order made contrary to this direction or inconsistent with this direction. MCD is directed to report to this Court on 12/2/2005 as to the compliance with the direction issued by this Court in this order. The Central Government shall make available all the necessary funds (Rs. 90. 00 crores as per estimation of MCD), which includes the cost of a temporary abattoir at Ghazipur as also the modern abattoir at Ghazipur as directed in the earlier orders of this Court. The Central Government shall make available all the necessary funds (Rs. 90. 00 crores as per estimation of MCD), which includes the cost of a temporary abattoir at Ghazipur as also the modern abattoir at Ghazipur as directed in the earlier orders of this Court. All authorities including the Central Pollution Control Board and the Commissioner of Police, Delhi shall give all assistance to the officer concerned in implementation of this order. List this matter on 15/2/2005.