SATYAVANI Vs. ANDHRA PRADESH POLLUTION CONTROL BOARD

JUDGEMENT

(1.) This Writ Petition is filed by Smt. Satyavani, Head of the Women Wing of the Society for protection of animals for the State of Andhra Pradesh, Hyderabad and another one Dr. A. Kishan Rao. Smt. Satyavani is the Honorary Animal Welfare Officer of the Animal Board Government of India. The 2nd petitioner is also an Honorary Animal Welfare Officer of the State Board.

(2.) The relief claimed in this writ petition is an injunction restraining the respondents 1 to 5 from making any type of killing of animals for any purpose. After the filing of the writ petition, a petition was filed for amending the prayer in the writ petition by adding the additional prayer, namely, to set aside the industrial licence granted to the 5th respondent in November, 1992 by the Union of India, Industries Department and to declare the same as illegal. The petition was allowed on 2-2-93.

(3.) It is necessary briefly to refer to the facts which led to the filing of the writ petition: M/s, Al-Kabeer Exports Ltd., 5th respondent in the writ petition is a public limited company incorporated under the Indian Companies Act, 1956. It carries on business of processing meat and supply of exporting the frozen meat. They applied for industrial licence on 30/01/1989 under Section 11-A of the Industries (Development and Regulation) Act, 1951, seeking permission for the establishment of a modern Buffalo and Mutton Meat Processing Food Project to be located at Rudraram village, Patancheru mandal, Medak district. The scheme envisaged the processing of about 15,000 tons of buffalo meat, 3,500 tons of mutton meat and about 300 tons of fruits and vegetables. The scheme expected to generate a net foreign exchange in flow of about 72 crores of rupees during the first five years. They have obtained permission from the District Revenue Officer, Medak on 15-3-89 to appropriate agricultural land to non-agricultural purpose. The Gram Panchayat, Rudraram, issued No Objection Certificate (hereinafter referred to as 'NOC') on 24/03/1989 for establishment modern abattoir. Andhra Pradesh Pollution Control Board also issued 'NOC' on 13-4-89 for setting up the unit at Rudraram village subject to the condition that the trade and domestic effluents should be treated to the standards laid down in the concerned I.S.I. norms and that the industry should submit the detailed proposals on the effluent treatment and air pollution control measures along with the commissioning of the industry. The District Medical and Health Officer, Medak district accorded permission for the project on 3-5-89 subject to conditions laid down for the construction of the plant. Director of Town and Country Planning approved the lay-out on 31-5-89. Gram Panchayat, Rudraram in its proceedings dated 26-6-89 accorded sanction of lay out of factory building as per the plan enclosed by the 5th respondent. Director of Animal Husbandry issued NOC on 13-7-89 to establish the factory at Rudraram. Director of Factories approved the plans of the factory on 2-9-89, subject to the conditions laid down for such construction under the. Factories Act. The National Airports Authority cleared the proposal on 16-10-1989. In view of the above, the State Government recommended for grant of industrial licence to the 5th respondent on 4-5-89. The Government of India in turn issued the Industrial Licence on 18-7-89. The Gram Panchayat, Rudraram, accorded sanction for construction of factory building on 29-6-89. The permission was further extended for a period of one year from 29-6-89 in G.O. Rt. Nos. 1455, Panchayat Raj and Rural Development Dept. dated 15-9-90. The Gram Panchayat, Rudraram accorded renewal permission on 3-6-91 for construction of buildings from 29-6-91 to 28-6-92. The State Government also accorded environmental clearance after enquiry on 22-7-1991 for locating the industry at Rudraram village. In pursuance of the NOC and the building plan approval issued by the Gram Panchayat, Rudraram, the 5th respondent commenced construction of the factory buildings. The Executive Officer of the Gram Panchayat at that stage issued a notice on 24-7-90 to the 5th respondent directing them not to proceed with the construction and to stop all further work till further orders. The 5th respondent then filed a revision petition before the Government of Andhra Pradesh in P. R. and R. D. Department. The said revision was allowed by the Government setting aside the notice issued by the Gram Panchayat dated 24-7-90. The Government also renewed the building permission for a further period of one year from 29-6-90. During the hearing before the Government on the revision, seven Organisations filed their objections to the establishment of the Industry by the 5th respondent in Rudraram. Against the order of the Government setting aside the notice dated 24-7-90, Jeeva Rakshaka Prachara Mandal and others filed W.P. Nos. 13763 and 13808 of 1990, 1041/91, seeking cancellation of the various licences and permissions granted by the different authorities of the State and Central Goernment. The said Writ Petitions were dismissed by this Court on 16-11-1991, along with Writ Appeals 1281, 1282, 1325 and 1359 of 1990. While dismissing the writ petitions, the learned Judges observed that under the Industries (Development and Regulation) Act, 1951, it is for the Central Government to determine the location of the undertakings. It determined the location of the unit and granted permission in favour of the 5th respondent M/s. Al-Kabeer. Since it is the Central Government which is the competent authority about the location of industrial undertaking under the Industries (Development and Regulation) Act, 1951, the State Government cannot decide about the location of an industrial undertaking in respect of which Letter of Intent (hereinafter referred to as 'LOI') had already been granted by the Central Government. The learned Judges noticed that before granting LOI, the 5th respondent approached the A. P. Pollution Control Board which has granted NOC on 15-4-89 subject to certain conditions and the Agricultural and Processing Food Export Development Authority in its letter dated 28-8-91 observed that according to 1982 Livestock sensus of the Ministry of Agriculture, buffalo population in Andhra Pradesh was estimated at 8.7 million and therefore the area was suitable for setting up the proposed unit, The learned Judges also noticed that the Government of Andhra Pradesh also issued Environment Clearance Certificate on 22-7-1991 for setting up the unit at Rudraram village. It was also noticed that the food processing industry does not require any licence under the Industries (Development and Regulation) Act, 1951 under the liberalised industrial licencing policy taken in 1991. However, having regard to the apprehension expressed by the petitioners that the establishment of mechanised slaughter-house at Rudraram village would result in total depletion of the cattle population and that the surrounding areas have already been badly affected by water, air and environmental pollution and it is one of the fundamental principles in the governance of the country enunciated in Article 48-A of the Constitution of India that the State shall endeavour to protect the environment and it is one of the fundamental duties of every citizen of the country to protect and improve the natural environment and to have compassion for living creatures, directed the State Government to prepare a detailed report regarding the water, air and environmental pollution, if any, as at present in Rudraram village and surrounding villages of Patancheru Mandal, Medak district, having regard to the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Environment (Protection) Act, 1986 and the rules made thereunder, the likely effect of the setting up of the mechanised slaughter house at Rudraram village on the prevailing environment, and also its likely effect on the cattle wealth in the area, after considering the representations which the petitioners in the writ petitions and other interested parlies may submit in writing in the matter. The Bench also observed that the State Government shall prepare and submit a detailed report to the Central Government within eight weeks from the dale of receipt of the copy of the judgment and on receipt of the report, the Central Government shall consider the same, having regard to the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, (981, the Environment (Protection) Act, 1986 and the Industries (Development and Regulation) Act, 1951 and pass appropriate orders in relation to the establishment of the mechanised slaughter-house (abattoir) At Rudraram village, Patancheru Mandal, Medak district, within eight weeks from the date of the receipt of the report.