- (1.) THE petitioners have come up with following prayers:- (i) To quash the Order date 26-3-1998 passed by the Adyaksha/president, Nagar Panchayat, Mariyahun refusing to shift the slaughter house to any other place on the ground of non-availability of any appropriate place and permitting Respondent Nos. 7 to 14 to slaughter Buffaloes only with certain riders. (ii) To restrain Respondent Nos. 7 to 14 from slaughtering cattle in the slaughter house in question till making of Bye-laws and shifting of that slaughter house to any other place. (iii) To direct Respondent Nos. 7 to 14 to slaughter buffaloes as usual in their localities. (iv) To command respondent Nos. 2 to 4 to fix the slaughter house near the Bone Godown where lands are available. THE Facts:-
(2.) THE petitioners case is to this effect:- THEre is an unlawful slaughter house where the respondent Nos. 7 to 14, who are butchers, are slaughtering buffaloes and she-buffaloes in the vicinity of residential premises of various communities and nearby religious place without any licence and under bye-laws framed by the Nagar Panchayat/zila Parishad Board, District Jaunpur. THE said respondents are spreading the remains of slaughtered cattle in closed vicinity of the residential houses and on path way resulting in foul and offensive smell, filth and infection causing damage to human life and injuries to the health or physical comfort of the people. Birds of all kinds spread the remains of the slaughtered cattle on the top of the houses and the dogs at the doors, besides on the 'shaheed-Ki-Majar'; and the 'kabristan'. Due to this tense situation the petitioners and a large number of inhabitants moved vide Annexure-2 Respondent No. 4 the Up-Ziladhikari, Mariyahun for removal of the slaughter house and to fix another place away from Abadi and religious place. Respondent No. 3 the District Magistrate was also moved for a quick action, who vide his letter dated 10-8-1997 (Annexure-3) asked respondent No. 4 to look at the matter and to take necessary action for maintenance of peace. THE Adhaykshya/president, Nagar Panchayat, Mariyahun also made his communication 21-8-1997 (Annexure-6) to respondent No. 3 that it is difficult for him to take any decision in that regard as the slaughter house is very old due to which there is great filth all-around but where-over it will be shifted filth will be there and thus appropriate action be taken at his level. After getting enquiry reports through Tehsildar and S. H. O. , Kotwali as contained in Annexure-4, Respondent No. 4 passed the order dated 29-8-1997 (Annexure-5) stopping slaughter of cattle in the said slaughter house after holding that respondent Nos. 7 to 14 are illegally operating the slaughter house which has got spread filth dangerously totally effecting the normal life and endangered the Mohalla and thus it will be in the public interest to do so. He also directed the said respondents not to kill cattle and spread filth. Respondent Nos. 7 to 14 moved respondent No. 4 against his order dated 29-8-1997. Respondent No. 4, however, drew up a proceeding under Section 144 Cr. P. C. against him vide order dated 30-8-1997 and restrained them from slaughtering the cattle. Respondent Nos. 7 to 14 then moved this Court in Criminal Revision No. 1136 of 1997 against the order dated 30-8-1997 without impleading the petitioners. In the meantime the Deputy Chief Medical Officer, Jaunpur also submitted his report after inspection to the C. M. O. that it is better to keep the slaughter house closed, which is 20 Meters away, and to shift from Abadi to prevent spreading of infectious diseases. In the Criminal Revision Respondent Nos. 7 to 14 filed undertakings and it was disposed of vide Order dated 10-9-1997 at the stage of admission holding that there is no illegality in the order but since the revisionists had undertaken to clean the area having remains of the butchered animals and that they will not spread the remains of the animals near the slaughter house or in the Mohalla, where it is situated, so as to create danger to human life the order is modified to the extent that it shall remain in operation till the remains of the butchered animals already lying at the spot are removed, and that the revisionist will not in future spread the said remains near the slaughter house so as to create nuisance and danger to human life. Pursuant to the order passed by this Court in the Criminal Revision, the Up Zila Adhikari passed his order dated 18-9-1997 (Annexure-10) directing respondent Nos. 7 to 14 to run the slaughter house after obtaining licence in accordance with law without endangering the health of human beings. Despite all this without obtaining licence in accordance with law respondent Nos. 7 to 14 forcibly tried to run the said slaughter house which was objected to by a large number of inhabitants resulting in initiation of proceedings under Sections 107/116 and 144 Cr. P. C. by the Up Zila Adhikari stopping the slaughtering of the cattle again in the slaughter house to prevent riot between the two groups. THE petitioners moved this Court by filing writ petition bearing C. M. Writ Petition No. 32309 of 1997 as Public Interest Litigation impleading respondent Nos. 7 to 14 as parties, which was disposed of by order dated 29-9-1997 holding that the petitioners may approach the Nagar Panchayat for making suitable regulation and bye-laws for the purposes of health, hygiene and sanitation or for prohibiting the slaughter of animals within a certain reasonable distance of a place of worship, educational institution etc, and in the event such an application is made the same will be decided in accordance with law and appropriate bye-laws will be made within a month thereafter. THE petitioners approached the Nagar Panchayat to comply with the directions issued by this Court by making bye-laws. Its President started dealing bad polities. THE petitioners moved the District Magistrate, Jaunpur for redressal of their grievances. THE District Magistrate called for report from the Up Zila Adhikari and Additional District Magistrate (Finance ). THE Up Zila Adhikari called for a report from the authority concerned. Inspection was made by the Veterinary Medical Officer and all concerned authorities and even by the Up Zila Adhikari etc. . THE District Magistrate passed an order stopping the slaughtering of the cattle till the slaughter house is not shifted to any other place and further directing respondent nos. 7 to 14 to slaughter the cattle in their localities. Against the aforesaid order of the District Magistrate Respondent Nos. 7 to 14 moved this Court by filing C. M. W. P. No. 41473 of 1997 by suppressing and misrepresenting facts which was disposed of by an order dated 27-2-1998 holding that the place of slaughter house shall be fixed by Nagar Panchayat after hearing the parties concerned within a month, but without taking into consideration the order of the District Magistrate. Respondent Nos. 7 to 14 are slaughtering cattle in their locality continuously for the last six months without any problem. THEreafter the impugned order was passed wilfully ignoring the reports of the authorities which is manifestly erroneous, arbitrary, discriminatory, mala fide, unconstitutional and without framing of the bye-laws till date. Pursuant to this order respondent Nos. 7 to 14 are trying to slaughter on disputed place without obtaining licence and without framing of bye-laws. Lands are available to the Nagar Panchayat and to respondent Nos. 7 to 14 as pointed out in Paragraph 36 but a false statement has been made by respondent No. 2 in the order impugned that it is not available, who is put to proof that the slaughter house in question is 100 years old. In the absence of any bye-law and licence running of a slaughter house adjacent to a Harijan Basti is in violation of the mandatory provisions of Section 237, 241 and 298 R of the U. P. Municipalities Act, 1961 as well as the provisions of SC and ST Act. On 17-8-1998 the following order was passed by the Court:- "the main thrust of the submission of Sri M. Sarwar Khan, learned counsel appearing on behalf of the 2 petitioners is that the plight of the petitioners and other residents of Mohalla Garhi, Nagar Panchayat Mariyahun, Post Office Mariyahun, District Jaunpur to have a meaningful life, which stands guaranteed under Article 21 of the Constitution of India, has been breached by respondent No. 2, Adhakshya/president, Nagar Panchayat Mariyahun, District Jaunpur by allowing respondent Nos. 7 to 14 to run a slaughter-house where they are slaughtering buffaloes and she-buffaloes without any licence and under any bye-laws framed by the Nagar Panchayat, Mariyahun, District Jaunpur despite orders passed by this Court earlier in Civil Misc. Writ Petition Nos. 32309/97 and 41473/97. In the second writ petition the Court especially directed respondent No. 2 to fix the place of slaughter-house but without applying his mind and formulating any bye-laws he has permitted respondent Nos. 7 to 14 to continue the slaughter-house at the old site. Sri Ali Hasan, learned counsel appearing on behalf of respondent Nos. 7 to 14 contended that this slaughter-house is coming on its place for about last 100 years and that in a suit filed by them they have also obtained an injunction order against these petitioners which is binding on them and, accordingly, this writ petition is not maintainable. Sri Praveen Kumar, learned counsel appearing on behalf of respondent contended that respondent Nos. 7 to 14 have been allowed to continue the slaughter-house on the same spot in consonance of the bye- laws. The learned counsel for the petitioner, in reply, contended that no bye-laws have been framed till today and that the stand of the learned counsel for respondent No. 2 is incorrect. Put up this matter under the same heading on 14th September, 1998. We direct the District Magistrate, Jaunpur, respondent No. 3, to file an affidavit before this Court after visiting the place in question as to whether it will be desirable to shift the slaughter-house at its old locality keeping in his mind the fundamental right guaranteed to the citizens of India under Article 21 of the Constitution of India, which guarantees a decent and meaningful life to its citizens and obviously includes environmental protection as laid down by Supreme Court in its several decisions. The affidavit is required to be filed by 11th September, 1998. The other questions raised will also be considered on the next date when a counter affidavit is filed by respondent No. 2 as well as respondent Nos. 7 to 14. Respondent No. 3 is further directed to state in his affidavit as to whether respondent No. 2 has framed bye-laws or not and whether it has been approved by the competent authority or not. The office is directed to hand over a copy of this order to Sri H. R. Misra, learned counsel, by tomorrow for its communication to and follow up action by respondent No. 3. " Pursuant to the aforementioned order the District Magistrate filed his own affidavit dated 11-9-1998 on 16-9-1998 stating, inter alia, that he visited the locality on 5-9-1998 and found that slaughtering of animals is being done on Plot No. 188 which is causing nuisance and is hazardous to the residents of the locality, apart from the fact that the maintenance of the slaughter house is in a very bad condition; that Nagar Panchayat Adhikari has not framed any bye-laws; and that he had also taken statements of a large number of residents who had pointed out various difficulties on account of the slaughter house.
(3.) NO Counter Affidavit has been filed by respondent NOs. 7 to 14 to the writ petition. Counter Affidavit, however, has been filed by respondent Nos. 2 and 6 (wrongly stating on behalf of respondent No. 3) on 8-10-1999 asserting, inter alia, that Civil Suit No. 1181 of 1997 has been filed by the father of the petitioner No. 2 for restraining the respondents from slaughtering cattle before the Civil Judge, Jaunpur denying the existence of the slaughter house and thereby petitioners have not come with clean hands; vide his order dated 21-9-1997 licence was granted along with site plan; it has been wrongly stated that the slaughter house is in the vicinity of the residential premises, rather it is on open land and about hundred meters away from the Shaheed-Ki-Mazar and kabristan and far away from residential premises; inspection was made by the Sub Divisional Magistrate, Mariyahun on 18-9-1997 but nothing injurious to human life and health was found; the District Magistrate has been informed that the respondents are ready to remove the slaughter house, if land is provided by the administration; slaughter house was to start its work after issuance of licence; proceedings have been initiated for framing of bye-laws; the impugned order was passed correctly; the statements made in Paragraph 36 are not correct hence denied though the bone godown is being shifted, as it is situated near the office of the Forest department, Degree College and the Intermediate College, and the place, which is being worshipped; the slaughter house is about 100 years old, which being a question of fact and can it be shifted to some other place, can only be decided by the Civil Court; and that under the facts and circumstances the writ petition is devoid of any merit and is liable to be dismissed with cost.;