AKHIL BHARAT GOSEVA SANGH Vs. STATE OF ANDHRA PRADESH
LAWS(SC)-1994-10-37
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on October 25,1994

AKHIL BHARAT GOSEVA SANGH Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

B.P. Jeevan Reddy, J. - (1.) These appeals concern the establishment, working and continuance of an abattoir (mechanised slaughter house) by name Alkabeer Abattoir situated in Rudraram village in Patancheru Mandal of Medak District. Of the five appeals before us, Civil Appeal Nos. 3966 and 3967 of 1994 are preferred against the judgment of a Division Bench of the Andhra Pradesh High Court dated April 6, 1993 in Writ Petition No. 13062 of 1992, Civil Appeal No. 3968 of 1994 arises from Writ Petition No. 10454 of 1992 disposed of on the same day, i.e., April 6, 1993, while the Civil Appeals Nos. 3964 and 3965 of 1994 arise from the order of the High Court in Writ Appeals Nos. 896 and 899 of 1993 preferred against the order of the learned single Judge in W.P.M.P. No. 9367 of 1993 and W.P.M.P. No. 945 of 1993 in Writ Petition No. 7483 of 1993. As the facts stated hereinafter would disclose, the said slaughter house has been surrounded by controversy from the very inception. Indeed, it was sought to be established earlier at Bhiwandi in Maharashtra. Some progress was also made towards installation but on account of opposition from the local people and other organisations, that location was abandoned and the present location selected.
(2.) The respondent-Alkabeer Exports Limited is a public company formed for the purpose of carrying on the business of processing meat mainly for export purposes. With a view to establish the factory in Rudraram village, the respondent-company applied to the Gram Panchayat, Rudraram for the requisite permission to construct the factory and other buildings connected therewith. In the first instance, the Gram Panchayat issued a No Objection Certificate on March 24, 1989 and after obtaining the opinion of the District Medical and Health Officer, Director of Town Planning and Director of Factories, it granted the permission on June 29, 1989.
(3.) On April 13, 1989 the Andhra Pradesh Pollution Control Board (for short A.P.P.C.B.) issued a No Objection Certificate (for short NOC) on the basis of the respondents application dated December 30, 1988. The NOC was granted subject to certain conditions concerning the treatment of effluents and air pollution. It was stipulated that the respondent shall obtain a second NOC from the A.P.P.C.B. before commencing trial production in the factory and to obtain a regular consent under Ss. 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1981 before commencing regular production.;


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