BUFFALO TRADERS WELFARE ASSOCIATION Vs. MANEKA GANDHI

JUDGEMENT

(1.) These two applications relate to Idgah Slaughter House, Delhi. The common prayer in both of them is to hold that the order passed in M. C. Mehta v. Union of India does not have the effect of modifying and/or setting aside the order dated 19-2-1996 passed in the connected Civil, by which interim order of status quo was passed, while granting special leave. As the order of status quo is in conflict with the order passed in the writ petition, a clarification has also been sought that notwithstanding the later order, the order of status quo would continue to remain in operation.

(2.) The order in the writ petition relates not only to Idgah Slaughter House, but to 168 industries, of which the slaughter house is one. By that order it was held that all the 168 named industries are "hazardous/noxious" and, therefore, a direction was given that these industries shall stop functioning and operating in the city of Delhi with effect from 30/11/1996. Direction No. (8 stated that the closure order shall be unconditional by adding that "even if the relocation of industries is not complete they shall stop functioning in Delhi with effect from 30/11/1996".

(3.) As the aforesaid order is relatable to 168 industries, it has to be seen whether any exception can be made insofar as the slaughter house is concerned to permit it to operate and function beyond 30/11/1996. It is worth pointing out that when the interlocutory application in the writ petition was being heard, nobody had appeared on behalf of the slaughter house, despite ample opportunities having been given. This apart, perusal of the order dated 8/7/1996' shows that that had come to be passed after this court was satisfied beyond doubt regarding the hazardous nature of the slaughter house, because of what was found by central Pollution Control Board, Delhi Pollution Control Committee and a Special Committee constituted by this court.