Madhya Pradesh High Court: In a writ petition challenging the Chief Municipal Officer’s order refusing to grant a No Objection Certificate (NOC) for slaughtering buffaloes and trading in meat in Mandsaur, a single-judge bench of Pranay Verma, J., directed the respondent authorities to issue an NOC for the petitioner to establish a temporary slaughterhouse, pending approval for the modern facility.
In the instant matter, the petitioner had applied for an NOC under Section of the (the Act). The application was initially rejected on the ground that Mandsaur is a sacred city. Subsequent applications were also rejected on procedural grounds, despite a directive from the Collector to decide the matter on merits. The petitioner filed the present petition and challenged the Chief Municipal Officer’s order dated 01-12-2021 refusing to grant a NOC for slaughtering buffaloes and trading in meat in Mandsaur.
The petitioner argued that similar directions had been issued in a Pada Mans Vikreta Sangh Indore v. State of M.P., where this Court issued interim permission to operate a slaughterhouse until a modern one is established. The petitioner stated that only a 100-meter radius in Mandsaur is declared as a sacred area by a notification dated 09-12-2011. It was claimed that the Municipality had initiated the process for a slaughterhouse and could not now take a contradictory position.
However, the respondents argued that granting an NOC is discretionary under Section of the . The respondents cited religious sensitivities and law and order considerations as reasons for denying the NOC. It was further contended that the matter related to establishment of a slaughterhouse is pending for the State Government’s approval.
The Court observed that the rejection of the application was not based on the Municipality’s claim of discretionary power but on procedural grounds relating to the pending approval of a slaughterhouse location. The Court asserted that the refusal of NOC due to pending land approval contradicts the ongoing process initiated by the municipality, thereby showing lack of justifiable grounds for rejection.
The Court noted that the sacred area was limited to a 100-meter radius and deemed the claim that Mandsaur is a “religious city” and therefore permission for establishment of a slaughter house cannot be given as “wholly unacceptable”. The Court dismissed the recommendations from the police as they were unrelated to the legal provisions of the Act.
While citing Pada Mans Vikreta Sangh Indore (Supra), where this Court allowed the establishment of a slaughterhouse under specific conditions, the Court set aside the impugned order dated 01-12-2021. The Court issued directions to the Municipality to grant the petitioner an NOC for setting up a slaughterhouse, subject to compliance with the ; the and other applicable laws. The Court emphasised that the slaughtering of animals was permitted only after obtaining necessary consents under these laws.
[Sabir Hussain v. State of M.P., , Decided on 17-12-2024]
Advocates who appeared in this case :
Shri Makbool Ahmad Mansoori, Counsel for the Petitioner
Shri Veer Kumar Jain, Senior Advocate with Ms. Vaishali Jain, Counsel for the Respondent No. 3
W.P. No. 1841/2016, decided on 24-04-2017.
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