MANEKA GANDHI Vs. UNION TERRITORY OF DELHI

JUDGEMENT

(1.) The need for replacement of the existing slaughter house facilities in Delhi has been recognised for over a decade and serious consideration was first given to this as early as ;in 1967. ' The question of construction of a modern slaughter house in Delhi has been examined byslaughter house experts from the world over the FAO Mission was of the considered view that the present facilities at the slaughter house are inadequate and unhygienic. The report has given following reasons to support its case.

(2.) The Agricultural & Processed Food Products Export Development Authority was impleaded as respondent in this writ petition. The Agricultural & Processed Food Product Export Development Authority is statuary body under the control of Ministry of Commerce Govt. of India. The object of this authority is to enhance and promote agro-products including meat products which is one of the scheduled projects under the Act. Cessation of meat and meat products exports would have serious repercussions on foreign exchange earnings and future share in the international meat export market. It is pertinent to point out that export of meat and meat products from Delhi region is around 50 crores per annum.

(3.) Mr. Swaraj Kaushal, appearing for APEDA (impleaded respondent) submitted that reducing number is likely to affect the export obligations and interest of the exporters. He further submitted that it is the statutory obligation of the Corporation to improve the prevailing conditions at the slaughter house And that the exporters cannot be penalised for the MCD's lapse of not carrying out its statutory obligations. Mr. Sabharwal countered the arguments of Mr. Kaushal by saying that the slaughter house in question was not meant for the export of meat and no infrastructural facilities are available for slaughtering such a large number of animals and this is also not the responsibility and obligation of the Municipal Corporation of Delhi to maintain the slaughterhouse for exporting the meat.