Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 40276 of 2010 Petitioner :- Jahid Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Vibhendu Mishra Respondent Counsel :- C.S.C.,P.C. Srivastava Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner. We find
that this Court in Civil Misc. Writ Petition
No.27842 of 2010, decided on 15.07.2010 in
respect of the same slaughter house has issued some
directions. The operative portion of the said
judgment is quoted hereinbelow :
“The question as to whether the petitioner Ahkam
and other petitioners are entitled to carry on
slaughtering the animals in the old slaughter house,
is a question which has to be gone into by the Nagar
Nigam after taking into consideration the directions
and necessary instructions of the U.P. Pollution
Control Board. No one including the Nagar Nigam
has right to create pollution which may endanger
the public health. Nagar Nigam is duty bound to
follow all instructions of U.P. Pollution Control
Board and take appropriate steps to ensure that no
pollution is caused by running of slaughter house.
Suffice it say that it will be open for the petitioners
to approach the Nagar Nigam by means of
appropriate application seeking permission to carry
on their business of slaughtering the animals and it
is for the Nagar Nigam to ensure compliance of all
the directions and instructions issued by the U.P.
Pollution Control Board before granting any
permission to run the slaughter house. It is provided
that the Nagar Nigam shall consider and take
appropriate decision on the applications of the
petitioners within three weeks from the date of
making the application alongwith a certified copy
of this order.”
Considering the above, it is open for the petitioner
to file his objection, if any, before the Nagar Nigam
and the Nagar Nigam shall take appropriate
decision on the application in accordance with law.
With the above observation, this public interest
litigation stands disposed of.
Order Date :- 28.7.2010
VMA
(F.I. Rebello, C.J.)
(A.P. Sahi, J.)