Denial For Slaughterhouse Permit On Ground That A City Is A 'Religious' One Is 'Wholly Unacceptable': MP High Court

A bench of Justice Pranay Verma further said that the State Government's notification under the MP Municipalities Act, 1961, declaring a 100-meter radius a sacred area does not imply that the entire city should be considered as sacred.

With this, the High Court directed the Municipal Council of Mandsaur to issue a No Objection Certificate (NOC) to Petitioner Sabir Hussain, seeking permission to establish a slaughterhouse in the city of Mandsaur to slaughter buffalos and trade in meat.

The Court passed this order while dealing with the plea challenging an order from the Chief Municipal Officer, Municipal Council, Mandsaur, refusing a grant of NOC on the grounds that Mandsaur is a sacred city.

The case in brief

In his representations before the appropriate municipal authority, the petition sought an NOC under Section 264 of the M.P. Municipalities Act, 1961. He also submitted that a 2011 State Government notification had designated only a 100-meter radius as sacred; thus, a slaughterhouse could be permitted beyond that area. The official authorities, however, rejected his representations.

In its order, the Municipal Council denied the NOC on the grounds that the places for the slaughter of animals for sale to be fixed are under approval of the State Government, and proceedings for the establishment of a slaughterhouse under consideration in which appropriate land for this purpose is to be chosen.

Following this, the petitioner moved the HC, referring to a 2017 Judgment of the HC permitting the setting up of the slaughterhouse till the establishment of the modern slaughterhouse. It was prayed that similar directions deserved to be issued in the present case.

On the other hand, the official authority (respondent no. 3) submitted before the HC that it is not mandatory for the Municipality to issue a No Objection Certificate or a license, and it has complete power and authority to use its discretion.

It was also argued that the process of identifying suitable land for setting up a slaughterhouse is underway, and since Mandsaur is a city of utmost religious significance, it would cause great prejudice and hurt religious sentiments if permission for a slaughterhouse was given.

It was submitted that since the matter is sensitive, the City Superintendent of Police, Mandsaur, and Officer-in-Charge of City Kotwali, Mandsaur, have also requested that such permission not be given to the petitioner.

High Court's observations

At the outset, the Court noted that in the impugned order, the argument of respondent No.3 that setting up a slaughterhouse under Section 264 of the 1961 Act is not mandatory was not stated. The Court added that since the process for identifying a location had already begun, respondent No.3 could not change its stance and argue it was not obligated to establish a slaughterhouse.

Furthermore, the Court found the argument that Mandsaur is a religious city and a hence permission forthe establishment of a slaughterhouse cannot be given as wholly unacceptable as the Court observed thus:

“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 hence cannot be accepted. Likewise the recommendation of the Police authorities relied upon by respondent No.3 in the return also deserve to be ignored firstly because that was not a reason given in the impugned order and secondly because the same were based upon consideration of situation of law and order and not upon consideration of any provisions of the Municipalities Act. Respondent No.3 is not bound by such recommendations and cannot even rely upon them to not exercise power vested in it under the Act, 1961.”

Against this backdrop, noting that since the process of fixing the location for setting up of the slaughterhouse has already been initiated by respondent No.3 and which is pending approval of the State Government, the Court directed the authority to issue a NOC to the petitioner for setting up of a slaughterhouse.

The Court further ordered that the petitioner shall be permitted to do so after taking consent under Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and other applicable laws, if any and the slaughtering of animals shall be permissible in the said slaughterhouse but not without the consent under the aforesaid Acts and other applicable laws.

In view of this, the petition was allowed.