MEHBOOD QURESHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In our order dated 25.11.2019, we had recorded the presence of the Secretary Incharge, Urban Development and his submissions that a functional slaughter house would commence operations at Haldwani latest by 01.01.2020. On noticing that the affidavit filed by him does not disclose any such undertaking on his part, we had acceded to the request of Mr. C.S. Rawat, learned Additional Chief Standing Counsel, that the matter be taken up on 26.11.2019 to enable the Secretary Incharge, Urban Development to file an affidavit of undertaking before this Court. The affidavit, filed by the Secretary Incharge, makes curious reading. The relevant portion of paragraph 4 of the said affidavit reads as under :-

(2.) The aforesaid averments appear to infer that the undertaking furnished by the Secretary Incharge, Urban Development was not voluntary, but was on the directions of this Court.

(3.) All that we had pointed out, when the writ petition came up for hearing before us on 25.11.2019, was that the respondents had failed to comply with the earlier order passed by the Division Bench in WP (PIL) No.77 of 2010 dated 19.12.2011, whereby the State Government was required to establish slaughter houses, throughout the State, within a period of three years; the three years period had expired on 19.12.2014 nearly five years ago; and such failure on the part of the State Government to establish slaughter houses, within the time stipulated by the Division Bench, did appear, prima facie, to be in willful and deliberate violation of the order passed by the Division Bench in WP (PIL) No.77 of 2010 dated 19.12.2011.