- (1.) This order may be read in continuation of our order dated October 25, 1994. By the order aforesaid, we had requested the Central Government to look into all relevant aspect as directed by the High Court of Andhra Pradesh in its judgment dated November 16, 1991 and to record its opinion with reasons. The said record was directed to be placed before this Court for consideration for passing of further orders.
(2.) The Central Government is said to have constituted an inter- ministerial committee headed by Sri C.K. Basu, Joint secretary, Ministry of Food Processing Industries. The Committee comprised three other members, viz., Sri Shyam Lal, Director, Ministry of Environment and Forests, Sri Nikondaiah, Joint Commissioner, Department of Animal Husbandry and dairying, Ministry of Agriculture and Dr. G.S. Singh, Deputy Commissioner, Ministry of Food Processing Industries. The said Committee has submitted a Report, Paragraph 11 whereof states its conclusions in the following words : 11. CONCLUSIONS. In the light of the foregoing discussions, the Committee is of the opinion that: (i) with regard to the pollution of air and water the suggestions and recommendations made by the Krishnan Committee as well as the expert opinion contained in it are good and are acceptable. The Government of India in the Ministry of Environment and Forests have already accepted the same and the steps to implement have already been taken The Environmental Audit Report along with the Environmental Management Firm Report along with the Environmental Management Plan prepared by the company are acceptable. However, regular monitoring of pollution of air and water need to be continued by the Company itself as well as periodic checking by the Andhra Pradesh State Pollution Control Board. (ii) the Krishnan Committee's assumption and apprehensions on depletion of cattle due to establishment of M/s. Al Kabeer's slaughter house are not based on correct scientific analysis and adequate reasoning, and therefore, are not acceptable. From the facts and analysis in the foregoing paras it is obvious that amongst the bovine animals, the project of M/s. All Kabeer is to utilise only the unproductive buffaloes and not cow & its progeny. In fact, adequate number of unproductive buffaloes are and will be available for the use in this slaughter house and other slaughter houses in Andhra Pradesh. (iii) the Krishnan Committee's suggestion of State Government taking over the M/s. Al Kabeer slaughter house for supply of meat for domestic requirement goes contrary to the objective of giving permission for setting up of abattoir by M/s. Al Kabeer, as well as Government of India's programme for increase of export of mea and meat products. There is, however, need for modernising the existing abattoirs in the State for which the State Government may take appropriate steps separately. (iv) the suggestion of Krishnan Committee of company undertaking effective programmes to raise feed cattle for meeting 50% requirement of the abattoir is not practicable and therefore, is not acceptable. However, as per the terms of license, the company should prepare a plan in consultation with the State Government and take up its implementation in conjunction with the State Government for promoting better animal husbandry practices.
(3.) The appellants have filed a number of objections to the said Report. We shall briefly deal with the main objections: (i) In Paragraph 10.11 of the Report, reliance is placed upon 15th quienquennial live-stock Census 1993 prepared by the Directorate of Economics and Statistics, Government of Andhra Pradesh (Annexure VI to the Report). (According to the learned Counsel for the Central Government, the said Report reflects the position upto September-October, 1993.) According to the Report, the buffalo population has increased by 4.28 percent between 1987 and 1993. In other words, the buffalo population has risen from 87.57 lakhs to 91.32 lakhs. The increase is thus 0.7 percent per annum approximately. These figures are misleading because Al-Kabeer has commenced its operation only in April, 1993 and the requirement of Al-Kabeer is 1.8 lakhs buffaloes per annum. If the requirement of Al-Kabeer is taken into consideration, there will be a substantial depletion of buffalo population as a result of the working of Al-Kabeer. (2) The aforesaid Census Report further shows that the population of male buffaloes of over three years has shown a decline of 29 percent between 1987 and 1993 though the female buffaloes has shown a rising trend of seven to twelve percent. The population of male buffaloes over three years has also shown a substantial decline ranging from twenty four percent to forty four percent. The only increase is in the buffaloes in milk. The above figures taken in conjunction with the annual intake of buffaloes of Al-Kabeer would establish that the working of Al-Kabeer would cause serious depletion of buffalo population in the Telengana region of Andhra Pradesh in particular and in the State of Andhra Pradesh and other adjoining areas in general. Besides, all the facts and figures which constitute the basis of the said Report are the facts and figures taken into 1993. These do not and cannot represent the correct state of affairs because Al-Kabeer started functioning only in April, 1993. Only if one studies the facts and figures p relating to 1994 and/or subsequent years, would he be able to assess the impact of the working of Al-Kabeer on the cattle wealth of the area concerned. (3) The Report further shows that between April, 1993 and December, 1994, 29.3% of animals required by Al-Kabeer have been procured from other States whereas 40.2% came from telengana region, 2.3.% from Rayalseema region and 7.13% from the coastal areas of Andhra Pradesh. All the same time, the Committee says that inasmuch as the buffalo population as a whole (which includes those in milk) has increased in Telengana region by eleven percent between 1987 and 1993, G the apprehension of depletion of cattle wealth is not acceptable. Apart from certain inconsistencies in the Report, it is difficult to understand how the Census figures of the years 1987 to 1993 can constitute a valid basis for arriving at the conclusion that the substantial drawals of buffaloes from Telengana region from April, 1993 onwards would not have a negative effect upon the cattle wealth. (4) The Central Government Report is largely influenced by the letter of and the material furnishing by Sri M. Yogi Reddy, Director of Animal Husbandry, Government of Andhra Pradesh dated November 29, 1994. The said Sri Yogi Reddy was retiring on the day after. He sent the said report in indecent haste even before he was asked to submit any Report by the inter-ministerial committee or by the Government of India, as the case may be. This aspect has been adversely commented upon by the Principal Secretary, Animal Husbandry and Fisheries Department, Government of Andhra Pradesh in his letter dated August 28, 1995 addressed to Dr. Krishna Ashrith, Director of Animal Husbandry, Andhra Pradesh, Hyderabad (successor to Sri Yogi Reddy). The said letter states that "a special report was sent by your predecessor to the Government of India vide his Do. Lr. No. 25142/D6/94, dt. 29-11-1994 (just one day before his retirement) on a controversial issue like Al-Kabeer Export Ltd., without any reference to the Government even though the Directorate is well aware of the sensitive nature of the subject, in view of the Public agitation on the issue". The letter accordingly requested the Director, Animal Husbandry to check up the records "and fix up responsibility on the persons who are instrumental in sending such unauthorised reports to the Government of India directly without reference to the Government of Andhra Pradesh". A comparison of the contents of the enclosures to the Report sent by Sri Yogi Reddy and the Report submitted by the Central Government to this Court establishes that the Report of the Central Government draws heavily upon and is influenced to a large extent by the Report of and the material supplied by said Sri Yogi Reddy. Since the Report of Sri Yogi Reddy has been disowned by the Government of Andhra Pradesh as "unauthorised", the reliance upon the said Report has vitiated the Report of the Central Government. (5) The Central Government Report has not taken into consideration the inherent contradiction lying at the heart of the issue. A perusal of the provisions of the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 shows that slaughter of animals (which expressions defined to include buffaloes, both male economical for the purpose (a) breeding, or (b) drought or any kind of agricultural operations, of (c) giving milk or bearing off-spring, is prohibited. This is also the purport of the decisions of the Court on the subject. This means that only old and infirm buffaloes are available for slaughter whereas Al-Kabeer is said to be a most modern slaughter house and the beef obtained by it is meant exclusively for export. Can it be believed that Al-Kabeer would confine itself to old and infirm buffaloes. No one abroad would like to purchase or consume the meat of such old and infirm buffaloes. They would require fresh and healthy beef which can be obtained only from young and healthy buffaloes, whether male or female. The failure to notice this inherent contradiction has vitiated the Central Government's Report. On the contrary, the Krishnan Committee Report has laid particular emphasis upon this aspect.;