Denial Of Permit For Slaughter House On Ground Of Being Religious City Wholly Unacceptable: Madhya Pradesh HC

A Single-Jugde Bench of Justice Pranay Verma held, “The reason as has been taken in the return that Mandsaur is a religious city hence permission for establishment of a slaughter house cannot be given is wholly unacceptable.”

Advocate Makbool Ahmad Mansoori appeared for the Petitioner and Senior Advocate Veer Kumar Jain appeared for the Respondent-State.

The Petitioner, who wanted to obtain a license for slaughtering animals, had approached the Mandsaur municipal council with an application for grant of ‘no objection’ certificate. This request was rejected on the ground that Mandsaur is a sacred city. He then approached the local body again annexing a notification by the state government stating that only an area of radius of 100 meters has been declared as a ‘sacred city’, but to no avail.

In appeal, the Collector, Mandsaur directed that in case the Petitioner makes a fresh application, it shall be decided on merits. The Petitioner again made an application, which was rejected on the ground that the places for slaughter of animals for sale are under approval of the state government and that the process of identifying a place for establishing a slaughter house is under review.

The municipal council argued before the High Court that Mandsaur is a city of utmost religious significance, therefore, it would cause great prejudice and hurt religious sentiments if permission for slaughter house is given and that the city Superintendent of Police has also asked the council not to grant permission to the Petitioner.

The council also argued before the Court that it is not mandatory for the municipality to set up a slaughter house under the Municipalities Act, 1961. On this, the High Court said, “That was not a reason taken in the impugned order for rejection of the application of the petitioner. Any ground which is not mentioned in the impugned order cannot be supplemented in the return.”

The Court said, having already stated that the process for identifying a place for setting up a slaughter house is under process and the approval of the state government is awaited, the municipal council could not now “take a somersault in the return and to contend that it is not bound to establish such a slaughter house.”

The Court noted notification issued by the state government that declared only an area of only 100 metres in radius to be sacred area. "Only for issuance of such a notification the entire city cannot be considered to be a sacred area." the Court stated.

On the recommendation of the police to the council to not grant the Petitioner permission, the Court said, it "deserve[s] to be ignored firstly because that was not a reason given in the impugned order and secondly because the same were based upon consideration of situation of law and order and not upon consideration of any provisions of the Municipalities Act", adding that council was not bound by such recommendation and could not rely upon them to exercise their powers.

The Court cited its previous Judgment in Pada Mans Vikreta Sangh Indore through Mohd. Nasir Qureshi v. State of Madhya Pradesh (2016) in which the Court had directed the Municipal Corporation of Indore to take immediate steps to set up a modern slaughter house after taking requisite environmental clearances, and, in the meanwhile had allowed the Petitioner to set up a slaughter house.

Issuing similar directions in the present case, the Court directed the municipal council to issue a 'no objection' certificate to the Petitioner to set up a slaughter house after taking requisite environmental clearances. The Court set aside the council's order.

Cause Title: Sabir Hussain v. State of Madhya Pradesh And Ors. [Writ Petition 4907 of 2022]