A.K.Yog, Prakash Krishna - (1.) -Al Fahim Meat Export Private Limited through its Director (Imran son of Haji Yaqoob Qureshi) along with one Mazhar Mahmood (son of Anwar Mahmood) of Meerut City U. P., Petitioner No.1 and 2 respectively, have filed this writ petition under Article 226, Constitution of India with the prayer to issue a writ of certiorari to quash impugned Advertisement dated 6.12.2004 published by respondent No. 2-Nagar Nigam, Meerut (Called-The Nigam) in daily news paper inviting sealed tenders from persons interested to run its existing 'Slaughter House', situate on Hapur Road within the territorial limits of the Nigam after expiry of the term of previous lease, i.e., 30.12.2003, (Annexure-1 to the writ petition), to issue a writ of mandamus directing the Nigam not to proceed in pursuance to the impugned advertisement, to issue as usual a writ of general nature and to award the costs.
(2.) TO appreciate respective contentions of the parties we may recapitulate the pleadings of the parties and undisputed salient facts of the case, which are given hereunder. Case of the Petitioners : According to the petitioners (which is not disputed by any of the parties to the proceedings) the building of the existing 'Slaughter House' is old, dilapidated and in shambles; it is operated on an old and obsolete pattern causing pollution and foul smell resulting into public nuisance which has made the lives of the local residents unbearable. This has generated strong resentment in the public and finally culminating into protests against its operation as such. Due to the existing Slaughter House there is indiscreet disposal of Animal-Skin, Hide, Bone/Carcasses, hideous disposal of animal blood, rampant burning of animal-fat in open and thus recklessly perpetuating pollution of 'Air' and 'Environment' while the public is subjected to irreparable sufferance for no fault of theirs, as they are forced to live under inhuman conditions and compelled to live under extreme hardship. The Nigam, on the other hand has no funds to 'shift' or 'renovate' the existing Slaughter House and, therefore, is helpless and unable to do the needful. The Nigam, faced with the above situation, issued an advertisement inviting proposal from interested persons to submit 'Project Report' to establish a 'modern slaughter house' on International standards with, latest advanced technology at proposed site proposed to be acquired under Land Acquisition Act. The petitioners, as well as others, submitted 'Project-reports' to the Nigam. The Offer, as per Project Report of the petitioners to establish a Modern "Slaughter House" at new proposed site situate in Village Ghosipur (Meerut), contemplated investment of Rs. 5 crores within one year subject to the condition that the Petitioner was allowed to run the slaughter house for Ten Years on payment of lease money at par with the preceding year lease money, i.e., Rs. 14 lacs per annum. As compared to the above, on the other hand, one Md. Zaved had submitted proposal to run Slaughter House on payment of Rs. 8 lacs per annum as lease money along with 'project-report' at the estimated cost of Rs. 4 crores while the Project Reports of others, i.e., Mazhar Mahmood, Petitioner No. 2, Md. Yunus Qureshi, Targeeb Ahmad and Md. Ismail were of much less value. (See Writ Paper Book at p. 34).
(3.) PETITIONERS pleaded that a Committee of the Nigam (comprising of its President, Senior Nagar Health Officer and two Corporators) after examining the above proposals, recommended to the Nigam to accept the proposal/project-report of the petitioners. The Nigam vide its letter dated 5.12.2003/Annexure-2 to the writ petition referred the matter to the State Government for its consideration and no objection. This letter also shows that the Mayor of the Nigam had written letters in the past raising the issue to modernize the 'Slaughter House', steps taken to invite proposals through Advertisements in newspapers; the Mayor had finally required a Committee-with Senior Health Officer of the Nigam as Chairman-to examine the proposals in compliance to the decision of the Nigam dated 4.12.2003 (Annexure-5 to writ petition) ; the said Committee submitted its report to the Nigam (See Annexure-SA2 to the supplementary-affidavit, sworn by Gulam Murtaza) ; the Nigam had passed required resolution and accepted recommendation of the Committee and sought 'No objection' from the State Government (See Annexure-SA4 to the supplementary-affidavit sworn by Gulam Murtaza) and finally the State Government expressed its No Objection vide letter dated 31.12.2003 (Annexure-3 to the writ petition) which is reproduced below : ...[VERNACULAR TEXT OMMITED]... (Underlined by us to lay emphasis) According to the petitioners-on the assurance extended by the Nigam-substantial amount was invested in making advance payments to the Civil Contractor and purchasing raw materials considering public pressure to modernize the slaughter house and to ensure that Slaughter House was established and operated as per Project and the norms prescribed by the U. P. Pollution Control Board (Para 15 of the writ petition).;