The Madhya Pradesh High Court recently criticised the municipal authority in Mandsaur for refusing to grant permission to set up a slaughterhouse in the city by stating that Mandsaur was a religious city..A Bench of Justice Pranay Verma observed that even though the State had issued a notification in 2011 to declare a part of the city as sacred, it cannot be taken to mean that slaughterhouses could not be set up anywhere in the city. "The reason taken (by the authority before the Court to defend its decision) that Mandsaur is a religious city hence permission for establishment of a slaughter house cannot be given is wholly unacceptable. At no point of time has such a stand ever been taken by respondent No.3 (in earlier orders passed against the petitioner). The issue is regulated by specific legal provisions and even the notification which has been issued by the State Government on 09.12.2011 has declared an area of only 100 meter in radius to be a sacred area. Only for issuance of such a notification the entire city cannot be considered to be a sacred area. The stand as taken in the return by respondent No.3 (municipal authority) hence cannot be accepted," the Court said. .The Court was hearing a plea challenging the Mandsaur Municipal Council's decision to deny a man a No Objection Certificate (NOC) to set up a slaughterhouse and trade in meat in certain areas of the city. The petitioner, Sabir Hussain, argued that only a 100-meter radius in Mandsaur had been designated as a sacred area by the State and that a slaughterhouse could be allowed outside that area.The Municipal Council refused to issue the NOC, stating that the State government was still in the process of approving designated locations for animal slaughter. It added that proceedings to establish a slaughterhouse were ongoing, including the identification of suitable land..Hussain, meanwhile, cited a 2017 judgment that allowed the establishment of a slaughterhouse in a certain area until a modern facility was constructed. He urged that similar directions be issued in his case.The State authorities maintained that no permission should be granted, adding that granting permission for a slaughterhouse in Mandsaur could hurt religious sentiments. The City Superintendent of Police and Officer-in-Charge of Kotwali also told the Court that permission should not be granted for such reasons. .The Court, however, was not convinced by the State's submissions. Among other aspects, the Court noted that since the process of identifying a location for animal slaughter had already begun, State authorities could not now claim that it was not obligated to establish a slaughterhouse in the city.The Court proceeded to order the municipal authority to issue an NOC to the petitioner. The Court clarified that the petitioner can establish the slaughterhouse only after obtaining consent under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and any other relevant laws. "The slaughtering of animals shall be permissible in the said slaughter house but not without the consent under the aforesaid Acts and other applicable laws," it ordered. .Advocate Makbool Ahmad Mansoori appeared for the petitioner.Senior Advocate Veer Kumar Jain and advocate Vaishali Jain appeared the respondent-authorities. .[Read Order]
The Madhya Pradesh High Court recently criticised the municipal authority in Mandsaur for refusing to grant permission to set up a slaughterhouse in the city by stating that Mandsaur was a religious city..A Bench of Justice Pranay Verma observed that even though the State had issued a notification in 2011 to declare a part of the city as sacred, it cannot be taken to mean that slaughterhouses could not be set up anywhere in the city. "The reason taken (by the authority before the Court to defend its decision) that Mandsaur is a religious city hence permission for establishment of a slaughter house cannot be given is wholly unacceptable. At no point of time has such a stand ever been taken by respondent No.3 (in earlier orders passed against the petitioner). The issue is regulated by specific legal provisions and even the notification which has been issued by the State Government on 09.12.2011 has declared an area of only 100 meter in radius to be a sacred area. Only for issuance of such a notification the entire city cannot be considered to be a sacred area. The stand as taken in the return by respondent No.3 (municipal authority) hence cannot be accepted," the Court said. .The Court was hearing a plea challenging the Mandsaur Municipal Council's decision to deny a man a No Objection Certificate (NOC) to set up a slaughterhouse and trade in meat in certain areas of the city. The petitioner, Sabir Hussain, argued that only a 100-meter radius in Mandsaur had been designated as a sacred area by the State and that a slaughterhouse could be allowed outside that area.The Municipal Council refused to issue the NOC, stating that the State government was still in the process of approving designated locations for animal slaughter. It added that proceedings to establish a slaughterhouse were ongoing, including the identification of suitable land..Hussain, meanwhile, cited a 2017 judgment that allowed the establishment of a slaughterhouse in a certain area until a modern facility was constructed. He urged that similar directions be issued in his case.The State authorities maintained that no permission should be granted, adding that granting permission for a slaughterhouse in Mandsaur could hurt religious sentiments. The City Superintendent of Police and Officer-in-Charge of Kotwali also told the Court that permission should not be granted for such reasons. .The Court, however, was not convinced by the State's submissions. Among other aspects, the Court noted that since the process of identifying a location for animal slaughter had already begun, State authorities could not now claim that it was not obligated to establish a slaughterhouse in the city.The Court proceeded to order the municipal authority to issue an NOC to the petitioner. The Court clarified that the petitioner can establish the slaughterhouse only after obtaining consent under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and any other relevant laws. "The slaughtering of animals shall be permissible in the said slaughter house but not without the consent under the aforesaid Acts and other applicable laws," it ordered. .Advocate Makbool Ahmad Mansoori appeared for the petitioner.Senior Advocate Veer Kumar Jain and advocate Vaishali Jain appeared the respondent-authorities. .[Read Order]
