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2019 DIGILAW 43 (UTT)

Mehboob Qureshi v. State of Uttarakhand

2019-01-10

R.C.KHULBE, RAMESH RANGANATHAN

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JUDGMENT : Ramesh Ranganathan, J. We had, by our order in WPMS No. 3845 of 2018 dated 21.12.2018, directed the Secretary, Urban Development, Government of Uttarakhand, Dehradun to submit a report, by the next date of hearing, regarding the steps taken by the State of Uttarakhand to comply with the earlier order of the Division Bench in Writ Petition (PIL) No.77 of 2010 dated 19.12.2011; and inform us of the period within which slaughter houses, in compliance with the law, shall be established at different places in the State of Uttarakhand. This report was directed to be submitted before this Court on or before 06.01.2019. 2. No report, as directed by us in our order dated 21.12.2018, has been filed even till date. The order of the Division Bench of this Court, in WPPIL No. 152 of 2018 dated 20.09.2019, required all slaughter houses in the State of Uttarakhand to be closed. Consequently, all slaughter houses, being run by local bodies i.e. Municipalities and Municipal Corporations, have now been closed. As the Division Bench has also prohibited slaughter of animals in public places, the effect of the order is that slaughter of animals either in Municipal Corporations, Municipalities and Nagar Panchayats, or in public places in the State of Uttarakhand, now stand prohibited. The fact, however, remains that there is still a substantial population, in the State, which continues to consume meat. 3. It is evident from the fact, that meat is still readily available in the State, that the authorities have turned a blind eye to slaughter of animals, which is in violation of the order of the Division Bench in WPPIL No. 152 of 2018 dated 20.09.2018. It is, in such circumstances, that there is an urgent need to ensure compliance with the earlier order of the Division Bench, in WPPIL No. 77 of 2010 dated 19.12.2011, whereby the State and its agencies were directed to adhere to their obligations of ensuring that adequate number of slaughter houses are available in the areas, coming within the Municipal Corporations and local bodies, within a period of three years. The three year period expired on 19.12.2014 and, thereafter, more than four years have elapsed. However, no legally compliant slaughter houses have yet been established by the Government or local body in any Municipality or Municipal Corporation in the State of Uttarakhand. 4. The three year period expired on 19.12.2014 and, thereafter, more than four years have elapsed. However, no legally compliant slaughter houses have yet been established by the Government or local body in any Municipality or Municipal Corporation in the State of Uttarakhand. 4. The fact that residents of the State continue to consume meat, is not in dispute. The necessary corollary thereto, is that animals continue to be slaughtered illegally in the State contrary to the directions of the Division Bench in WPPIL No. 152 of 2018 dated 20.09.2018. 5. Shri Ashish Joshi, learned counsel appearing on behalf of the Haldwani Municipal Corporation, would submit that a substantial part of the slaughter house at Haldwani is ready; an application has already been made to the Food Safety Authority; certain equipment needs to be established for permission to be granted by the Food and Safety Authority; such machinery could not be established in view of paucity of funds; and it is only if the State Government provides them funds would they be able to procure the equipment, and establish a legally compliant slaughter house at Haldwani. Shri B.D. Pandey, learned counsel appearing for the Ram Nagar Municipality, also complains of lack of funds as the reason why the Municipality is not in a position to establish legally compliant slaughter houses. 6. It is only the State Government which can provide funds to local bodies to establish slaughter houses. Despite our order dated 21.12.2018, directing the Secretary, Urban Development, Government of Uttarakhand to submit his report, no such report has been submitted till date. No application has also been filed seeking extension of time to submit the report. 7. The only manner in which we can ascertain as to why the State of Uttarakhand has not taken necessary steps to establish slaughter houses in the State, in compliance with the order of the Division Bench in WPPIL No.152 of 2018 dated 20.09.2018, is if the Secretary, Urban Development, Government of Uttarkhand is directed to be personally present in the Court on the next date of hearing, along with entire records. Shri C.S. Rawat, Learned Additional Chief Standing Counsel, is present in the Court, and undertakes to inform the Secretary, Urban Development, Government of Uttarakhand of his obligations under this order. 8. Post this matter on 12.02.2019 for the appearance of the second respondent (the Secretary, Urban Development, Government of Uttarakhand). 9. Shri C.S. Rawat, Learned Additional Chief Standing Counsel, is present in the Court, and undertakes to inform the Secretary, Urban Development, Government of Uttarakhand of his obligations under this order. 8. Post this matter on 12.02.2019 for the appearance of the second respondent (the Secretary, Urban Development, Government of Uttarakhand). 9. Let a certified copy of this order be supplied to the learned counsel for the parties by tomorrow on payment of prescribed charges.