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2. Facts leading to the present case, are that petitioner is engaged in the business of meat processing, after obtaining license from Agriculture and Processed Food Product Export Development Authority, Delhi (APEDA). The factory of the petitioner is situated at Khasra No. 81, 82, 70, 55A, 55B, 56A, 56B, 57, 59 and 60, Alipur, Jijwana, Hapur Road, Meerut. It is also registered under the Food Safety and Standards Authority of India (FSSAI).

3. It had sought a No Objection Certificate from District Magistrate, Meerut in the year 2013 for establishing an integrated meat processing plant and slaughtering house on the aforesaid khasra number. On 06.06.2013, conditional No Objection Certificate was granted, wherein it was provided under Clause 12 to seek permission from Development Authority in regard to construction of building. The condition further provided that permission from Pollution Control Board, Lucknow was also required before establishing the integrated meat plant.

10. Sri Rakesh Pande, learned Senior Counsel appearing for the petitioner submitted that along with application for compounding and sanction of map a total of Rs.45 lacs has already been deposited by petitioner but the Authorities have not considered the said fact and simply on extraneous consideration proceeded to reject the application for compounding and sanction of map. According to him, meat processing plant came into existence subsequent to No Objection Certificate having been issued by District Magistrate, Meerut in the year 2013. The plant is situated 500 meter away from the main Hapur Road. According to him, the Committee in its report had found that there was no uniform width of the road and it ranged from 8.5 meter to 14 meter while the minimum standard prescribed width is 12 meter.

15. I have heard respective counsel for the parties and perused the material on record.

16. The short question which arises for consideration of this Court is as to whether the Authority and the State Government was justified in rejecting the application for compounding and sanctioning of map post granting of No Objection Certificate by District Magistrate, Meerut in the year 2013 for setting up integrated meat processing plant and slaughtering house with certain conditions.

17. It is an admitted case to both the parties that petitioner had applied for No Objection Certificate from District Magistrate for setting up an integrated meat processing plant and a slaughtering house on Khasra No. 81, 82, 70, 55A, 55B, 56A, 56B, 57, 59 and 60 situated at Village-Alipur, Jijwana, Hapur Road, District-Meerut.

30. Thus, the question which arises that once the master plan and the zonal plan has been enforced in the District-Meerut and there being no challenge to the same, the petitioner was required to follow the norms as provided under them.

31. The integrated meat processing plant and slaughter house was sought to be established pursuant to permission granted by District Magistrate on 06.06.2013 which was subject to fulfillment of certain conditions. One of the necessary condition was prior approval of the Development Authority in regard to sanction of map before project started. The words, "निर्माण कार्य प्रारम्भ होने से पूर्व विकास प्राधिकरण की अनुमति प्राप्त की जाये" are of great relevance. The petitioner was bound to make application for permission and sanction of map prior to starting the construction over the land on which the integrated meat processing plant was going to come up. No such application or permission was sought before raising construction, and it was only when the factory was operational and notice under Section 27(1) was issued, that the petitioner tried to get the offence compounded under Section 32 of the Act of 1973.