The Madhya Pradesh High Court has ruled that denying a slaughterhouse permit based on the assertion that a city is "religious" is wholly untenable. Justice Pranay Verma, presiding over the case, emphasized that such a stand lacks legal foundation and contravenes the principles of governance regulated by statutory provisions.

BACKGROUND

The petitioner, Sabir Hussain, approached the Court after his application for a No Objection Certificate (NOC) to establish a slaughterhouse in Mandsaur was repeatedly rejected by the Municipal Council. The rejections cited reasons such as Mandsaur being a city of religious significance and pending identification of land for an official slaughterhouse by the State Government. The petitioner argued that the rejection was arbitrary and inconsistent with previous directives issued by the Court in similar cases. He highlighted that the Municipal Council failed to provide any concrete legal justification for its decisions.

KEY OBSERVATIONS

Justice Pranay Verma noted that the Municipal Council's reasoning that Mandsaur is a "religious city" was flawed and unsupported by the law. The Court observed: "The reason that Mandsaur is a religious city and hence permission for a slaughterhouse cannot be given is wholly unacceptable. The issue is regulated by specific legal provisions, and even the State Government’s notification has only declared a radius of 100 meters as sacred. To extend this to the entire city is unjustifiable."

The Court also rejected the reliance on recommendations from police authorities, emphasizing that such considerations of law and order do not override statutory obligations under the Madhya Pradesh Municipalities Act, 1961.

VERDICT

Setting aside the Municipal Council’s order, the High Court directed the issuance of the NOC for establishing a slaughterhouse, provided the petitioner complies with environmental laws such as the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. The Court reiterated that the slaughterhouse must meet all legal and environmental requirements before commencing operations.

Cause title - Sabir Hussain vs The State Of Madhya Pradesh

Case No: Writ Petition No. 4907/2022

Date: December-17-2024

Bench: Justice Pranay Verma

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