IQBAL CHAUDHARY Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition the petitioner is seeking renewal of the licence granted to him by the Nagar Nigam, Varanasi for slaughtering of animals at a private slaughter house situated at Kamal Gadha, Varanasi as also the resettlement and rehabilitation of the slaughter house after complying with the directions of U.P. Pollution Control Board and seeking their no objection etc. It is alleged that the petitioner was granted a licence by the Nagar Nigam, Varanasi for slaughtering animals at Pashu Vadhshala, Mohalla Kamal Gadha, District Varanasi. The said slaughter house had been in operation for the past 150 years. Earlier an order was passed by the State Government for closure of the said slaughter house and reallocation elsewhere which was the subject-matter of a suit filed by the shopkeepers of the said slaughter house before the IInd Additional Civil Judge, Varanasi bearing Suit No. 60/1967, Abdul Rahman and others v. Nagar Mahapalika and Suit No. 66/67, Hazi Mohd. Ibrahim and others v. Nagar Mahapalika. The aforesaid suit for permanent injunction was decreed on 25.7.1971 in favour of the plaintiffs and against the defendant Nagar Nigam. The defendant was restrained from interfering in the plaintiffs' use of the slaughter house at Kamal Gadha. It was further ordered that the slaughter house should not be closed otherwise than in due course of law. The petitioner alongwith others continued to carry out his business in the aforesaid slaughter house till 3.8.2006 when its closure was ordered by the U.P. Pollution Control Board, respondent No. 3 under Section 33A of the Water (Prevention of Pollution and Control) Act, 1974. Subsequently, on 5.12.2006, the operation of the order was put in abeyance for a period of six months on the request of the Nagar Nigam, Varanasi subject to fulfillment of the conditions mentioned in the said order issued by the respondent No. 3. The 8 conditions mentioned therein were regarding - submission of a proposal for reallocation of the slaughter house in an appropriate place within a period of one month; construction of concrete floor and raising the height of the boundary wall; blood consequent to slaughtering to be collected in a concrete tank and agreement to be entered with the concerned industries engaged in composting for disposal of dung and undigested material etc.; copy of the said agreement to be forwarded to the Board; agreement to be entered into with an upgraded/modernised slaughter house for the disposal of bones, carcasses and copy of the agreement to be sent to the Board; direction/guidelines issued by the Central Pollution Control Board for the slaughter house to be fully complied with; in the event of detection of environmental pollution resulting from the running of the slaughter house; the Nagar Nigam shall immediately order its closure; bank guarantee of Rs. 3 lakhs to be deposited in the prescribed proforma to ensure the compliance of the aforesaid conditions/orders. Though the aforesaid permission was granted only for a period of six months, that too subject to the fulfillment of aforementioned conditions, but the slaughter house continued to function beyond the aforesaid period without fulfilling the aforesaid conditions. Accordingly, vide order dated 13.1.2009, closure order dated 3.8.2006 was revived by the respondent No. 3. Thereafter again, on 5.2.2009, the order dated 13.1.2009 was put in abeyance for a period of six months for the same reasons and on the same terms and conditions as mentioned in the earlier order dated 5.12.2006. Consequently, the slaughter house again started functioning. On 29.3.2012 another order was issued by respondent No. 3 stating that the terms and conditions of the order dated 5.12.2006 have not been complied with, accordingly, the order dated 13.1.2009 was revived and the slaughter house was ordered to be closed with immediate effect. Ever since April, 2012 the slaughter house, i.e. M/s. Pashu Vadhshala, Mohalla Kamal Gadha, Varanasi is not functioning and the petitioner who was running his business in the said slaughter house is unable to carry out his business. The period of the licence granted to the petitioner has expired. It is alleged that the petitioner submitted an application on 10.1.2013, praying for extension/renewal of the licence granted to him earlier, but no action was taken by the Nagar Nigam, Varanasi, rather it expressed its inability to do so citing various objections raised by the Board. Against this factual background the instant writ petition has been filed.

(2.) We have heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for respondent Nos. 2 Nagar Nigam and respondent No. 3 U.P. Pollution Control Board (hereinafter referred as 'Board') and have also perused the record.

(3.) The submission on behalf of learned counsel for the petitioner is that obligation to comply with the directions of the respondent No. 3 as contained in its orders dated 5.12.2006 and 5.2.2009 is upon the Nagar Nigam, Varanasi but on account of non-compliance of the directions, it is the petitioner who is being made to suffer as the slaughter house has been closed and the petitioner is unable to carry out his business. Violation of the fundamental right as guaranteed under Article 19 of the Constitution of India has been alleged. It was submitted that it is for the Nagar Nigam to reallocate the slaughter house elsewhere.