Supreme Court - Daily Orders
All India Meat & Livestock Exp. Ass. vs Akhil Bharat Goseva Sangh on 20 February, 2024
Bench: Pamidighantam Sri Narasimha, Aravind Kumar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 273 OF 2014
ALL INDIA MEAT & LIVESTOCK EXPORTERS ... APPELLANT(S)
ASSOCIATION
VS.
AKHIL BHARAT GOSEVA SANGH & ORS. ... RESPONDENT(S)
WITH
CIVIL APPEAL NO. 11351 OF 2013
O R D E R
CIVIL APPEAL NO. 273 OF 2014
1. This appeal is by the All India Meat & Livestock Exporters Association against the final order and judgment of the National Green Tribunal (Western Zone) Bench, Pune (hereinafter referred to as ‘NGT’) in Application No. 21/2013 (WZ) dated 29.11.2013 directing cancellation of the export licence granted to the appellant-Association by the Agricultural and Processed Food Products Export Development Authority (hereinafter referred to as ‘APEDA’) on 10.01.2013.
2. At the time of admission, this Court, by an order Signature Not Verified dated 16.12.2013, had stayed the specific direction of Digitally signed by Indu Marwah Date: 2024.03.01 19:27:09 IST Reason: the NGT cancelling the export licence dated 10.01.2013. 1
3. Mr. Rishad A. Chowdhary, learned counsel for the appellant-Association made two short submissions. Firstly, he submitted that the NGT committed a serious error in cancelling the licence dated 10.01.2013 without even giving an opportunity of being heard to the appellant-Association. Secondly, Mr. Rishad argued that the licence is actually granted by APEDA, the competent authority, after taking into consideration all the statutory requirements and conditions of the licence. In continuation of the second submission, he also submitted that the licence granted by APEDA is renewed from time to time.
4. Having noticed that the NGT has been passing orders without hearing the parties by making a provision for ex- post facto review, this Court has been setting aside orders of the NGT and remanding the matter for disposal after giving an opportunity of hearing to all the affected parties.1
5. We set aside the judgment and order of the NGT dated 29.11.2013 in so far as the directions concerning the appellant-Association. The appellant-Association is concerned only with cancellation of the licence granted by APEDA. We are of the opinion that the cancellation of the licence, that too without a notice is totally unjustified. For the reasons stated above, we allow the 1 Singrauli Super Thermal Power Station v. Ashwani Kumar Dubey, (2023) 8 SCC 35; Veena Gupta v. Central Pollution Control Board, 2024 INSC 89. 2 Civil Appeal No. 273 of 2014 and set aside the order passed by the NGT in Application No. 21 of 2013 (WZ) dated 29.11.2013, to the extent of cancellation of the licence dated 10.01.2013 granted by APEDA.
6. Pending application(s), if any, shall be disposed of.
7. There shall be no order as to costs. CIVIL APPEAL NO. 11351 OF 2013
8. This appeal by Brihanmumbai Municipal Corporation Mumbai (hereinafter referred to as the ‘Corporation’) is also against the order of the NGT in Application No. 21/2013 (WZ) dated 29.11.2013. An Application was filed by the Akhil Bharat Goseva Sangh (Mumbai) (hereinafter referred to as the ‘Applicant’) seeking revocation of the consent granted to the appellant-Corporation for running the abattoir located at Deonar, Mumbai. The Applicant also sought direction to close the abattoir until all the mandatory requirements are satisfied. By the order impugned herein, the NGT passed the following directions, relevant of which are as under: -
“A… B… C. The three Member Committee comprising of the Member Secretary of the MPCB, Sr. Scientist of the MPCB and Sr. Law Officer of the MPCB shall visit Deonar Abattoir in next 15 days along with BMC officials and in their presence; suitable samples shall be collected, in order to verify parameters as per consent and CPCB guidelines. The 3 analysis of the samples shall be carried out within a reasonable time period and the report thereof be examined by the above three members committee.
D. The Three Member Committee named above shall give suitable directions to the Brihanmumbai Municipal Corporation to take necessary short and long term steps for upgrading and modernization of Deonar Abattoir for environmentally sound operations, to be implemented within a period of six months and in any case, prior to First December, 2014.
E. In case of non-compliance found to have been done by BMC, MPCB may give suitable directions as provided under section 33A of the Water (P and C.P.) Act, 1974 and/or AIR (P&CP) Act 1980 as the case may be, including temporary shifting of the Abattoir activities to suitable place, outside the Mumbai, viz. Thane, New Mumbai etc. till compliance of such directions is achieved. The Municipal Corporation shall however take suitable steps to do needful in as much as it is supposed to avoid environmental problems and cater the needs of the people of Mumbai by providing slaughter house in the metropolitan city.
F. In case of failure of the Municipal Corporation in performing its duties, the Application may move State Government to take necessary steps for due compliance or for any other purpose as may be permissible under law.
G …”
9. In this appeal filed by the appellant-Corporation, this Court by its order dated 17.01.2020 directed the Maharashtra Pollution Control Board (hereinafter referred to as ‘the Board’) to verify whether the abattoir has a Sewage Treatment Plant (STP) for treating 125 CMD domestic effluent. Following the directions, an affidavit 4 was filed on 03.02.2020 informing this Court of the following factual position:
“That, the official of the Respondent- Board at Mumbai has visited the Deonar Abattoir of MCGM on 17/01/2020 and observed that the Deonar Abattoir has not provided STP in their own premises, however, they have connected their domestic sewer line to the sewer network of Municipal Corporation of Greater Mumbai (MCGM), which is connected to common STP of 386 MLD capacity located at Ghatkopar , Mumbai. The Analysis results of STP of Joint Vigilance Samples collected on 10/03/2019 and 08/06/2019 shows that the parameters are within the consented limits. A comparative statement of analysis result is enclosed herewith and marked as an Annexure-'I'.
3. That, the. officials of the Respondent Board at Mumbai further verified the compliance of directions dated 2/12/2019 issued to M/s.Deonar Abattoir (MCGM) and reported that the MCGM has submitted the Environmental Statement (Form-V) vide letter dated 01/02/2020 to the Respondent Board and also submitted Bank Guarantee of Rs.5 lacs for compliance of consent conditions on 4/1 /2020, which is valid upto 19/12/2024.”
10. It is evident that the Board visited the abattoir on 17.01.2020 and took note of the fact that the abattoir has not provided a STP in their own premises but they have connected their domestic sewage lines to the sewer network of the Municipal Corporation of Greater Mumbai (hereinafter referred to as the ‘MCGM’) which is connected to the common STP of 386 MLD capacity located at Ghatkopar, Mumbai. The Board has also enclosed the analysis result of the joint vigilance samples collected on 10.03.2019 and 08.06.2019 showing that the parameters are all within the prescribed limits. The affidavit also 5 verified the compliance of direction dated 02.12.2019 issued to the abattoir and have reported that the MCGM has submitted the Environmental Statement in Form-V vide letter dated 01.02.2020 to the Board and also gave a bank guarantee of Rs. 5,00,000/-, in compliance of the conditions on 04.01.2020, which is valid till 19.12.2024.
11. We also note that the State Slaughter House Inspection Committee report of the abattoir dated 10.01.2024 states that the Bio Methanation Plant is fully installed and adheres to all parameters provided under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 as well as the Air (Prevention and Control of Pollution) Act, 1981. The inspection reports are also placed on record.
12. In view of the affidavits filed pursuant to the directions issued by this Court on 17.01.2020, we are of the opinion that there is substantial compliance. Under these circumstances, there is no reason to continue the present proceedings. Having noted the factual scenario, and having been satisfied with the report of the regulators, we set aside the order passed by the NGT in Application No. 21/2013 (WZ) dated 29.11.2013.
13. We make it clear that the abattoir established and run by the appellant-Corporation, either directly or under any lease or other arrangement, will be subject to the regulatory regime which is applicable for establishing and running an abattoir. We further direct the statutory 6 authorities to regularly review, monitor and take such action as is necessary to ensure all environmental safeguards.
14. Needless to say, in the event of any violation or non-compliances by the abattoir, the Board or any authority may take such action as may be necessary.
15. With these directions, Civil Appeal No. 11351 of 2013 is disposed of.
16. Pending application(s), if any, shall be disposed of.
17. There shall be no order as to costs.
..........................J. [PAMIDIGHANTAM SRI NARASIMHA] ..........................J. [ARAVIND KUMAR] NEW DELHI;
FEBRUARY 20, 2024.
7 ITEM NO.15 COURT NO.16 SECTION XVII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 273/2014 ALL INDIA MEAT & LIVESTOCK EXP. ASS. Appellant(s) VERSUS AKHIL BHARAT GOSEVA SANGH & ORS. Respondent(s) IA No. 2/2013 - STAY APPLICATION WITH C.A. No. 11351/2013 (XVII)
(FOR STAY APPLICATION ON IA 2/2013 IA No. 2/2013 - STAY APPLICATION) Date : 20-02-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA HON'BLE MR. JUSTICE ARAVIND KUMAR For Appellant(s) M/S. J S Wad And Co, AOR Mr. Ashish Wad, Adv.
Mrs. Tamali Wad, Adv.
Mr. Ajeyo Sharma, Adv.
Ms. Kirti Sharma, Adv.
Ms. Akriti Arya, Adv.
Mr. Kunal Chatterji, AOR Mr. Rishad A. Chowdhury, Adv.
Mr. Yogesh Malik, Adv.
For Respondent(s) Mr. Jintendra Mohan Sharma, Sr. Adv.
Mr. R Santhana Krishnan, Adv.
Mr. Aditya Kumar, Adv.
Mr. Krishna Kumar Singh, AOR Mr. Mukesh Verma, Adv.
Mr. Kamal Kumar Pandey, Adv.
Mr. Pankaj Kumar Singh, Adv.
Mr. Yash Pal Dhingra, AOR M/S. J S Wad And Co, AOR Mr. Ashish Wad, Adv.
Mrs. Tamali Wad, Adv.
Mr. Ajeyo Sharma, Adv.
8 Ms. Kirti Sharma, Adv.
Ms. Akriti Arya, Adv.
UPON hearing the counsel the Court made the following O R D E R Civil Appeal No. 273 of 2014 is allowed And Civil Appeal No. 11351 of 2013 is disposed of in terms of the Signed Order. Pending application(s), if any, shall be disposed of. (KAPIL TANDON) (RAM SUBHAG SINGH) COURT MASTER (SH) COURT MASTER (NSH) (Signed Order is placed on the file) 9