Madhya Pradesh High Court
Abdul Aziz vs The State Of Madhya Pradesh on 28 January, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
-1- WP No.4672/2015
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
WRIT PETITION NO.4672/2015
(Abdul Aziz s/o Abdul Karim Qureshi & others vs. State of
M.P & one another)
28.01.2020: (INDORE):
Shri Manuraj Singh, learned counsel for the petitioners.
Shri Mayank Purohit, learned Govt. Advocate for the
respondent No.1.
Shri Madhusudan Dwivedi, learned counsel for the respondent No.2.
Shri Aniket A.Naik, learned counsel for the Pollution Control Board.
Heard.
Vide order dated 15.01.2018 this Court has directed the counsel for the petitioners to supply the copy of the writ petition to the counsel appearing for the Pollution Control Board in order to enable him to seek instructions and after inspection to file a detail and exhaustive reply. After conducting the inspection the Pollution Control Board submitted a report on 08.03.2018 and as per the report the Pollution Control Board has not recommended for continuance of slaughter house-cum-meet market over Nalla near Kaladeval Road. Vide order dated 19.09.2019 the Pollution Control Board has rejected the application for Consent To Establish (CTE) submitted by the Municipal -2- WP No.4672/2015 Council. The Municipal Council has not challenged the said rejection order so far.
It is not in dispute that without the clearance from the Pollution Control Board even the Council cannot start the slaughter house over the water body. The petitioners have approached this Court being aggrieved by the order dated 24.01.2015 by which they have been directed to shift their business of slaughter houses to the newly constructed slaughter house-cum-meet market. Although the petitioners have not challenged the said order on the ground of environmental clearance but during the pendency of this petition this issue has cropped up and this Court has obtained a report from the Pollution Control Board. Since the Pollution Control Board has declined to grant CTE to the Council, therefore, at this stage the Council is not in a position to start the slaughter house-cum-meet market, hence there is no question of shifting of the petitioners. Accordingly, impugned orders (Annexure P/1 & P/2) are hereby quashed. However, the Municipal Council is at liberty to issue a fresh notice after obtaining necessary approval from the Pollution Control Board.
Accordingly, the petition is allowed.
(VIVEK RUSIA) JUDGE hk/ Digitally signed by Hari Kumar Nair Date: 2020.01.29 11:36:51 +05'30'