Slaughterhouses cannot be banned just because Mandsaur city is a religious place: MP High Court

Last week, on 17th December, the Madhya Pradesh High Court declared that refusing permission for the establishment of a modern slaughterhouse claiming the religious background of the city is entirely unacceptable. The said judgment was delivered by Justice Pranay Verma. The judge emphasised that a State Government notification under the MP Municipalities Act, 1961, that specifically declares a 100-meter radius as a sacred area, does not refer to the entire city as sacred.

As per the reports, permission to establish a slaughterhouse was sought by an individual identified as Sabir Hussain. Following the judgment, the court ordered the Municipal Council of Mandsaur to issue an NOC to Hussain to set up a slaughterhouse for buffalo slaughter and meat trading. Hussain reportedly had filed a petition in the High Court challenging a refusal by the Chief Municipal Officer of Mandsaur who he claimed had denied permission for a slaughterhouse stating the religious nature of the city.

Hussain had submitted an application to the Municipal Council seeking a NOC under Section 264 of the MP Municipalities Act, 1961, to establish a slaughterhouse beyond the 100-meter radius of the sacred area as designated by the 2011 State Government notification. The council however rejected his application stating the underway procedures to locate a suitable land for the modern slaughterhouse.

It added that granting permission to establish a slaughterhouse would offend and hurt the religious sentiments of the citizens of Mandsaur. The council further raised concerns over the potential law and order situation of the city as cited by the City Superintendent of Police and the Officer-in-Charge of City Kotwali, Mandsaur.

Hussain then referred to a 2017 High Court judgment that permitted the establishment of a temporary slaughterhouse until a modern one was set up and demanded that similar directions be issued in the given case.

Rejecting the council’s argument, the court stated, “The reason as has been taken in the return that Mandsaur is a religious city hence permission for establishment of a slaughterhouse cannot be given is wholly unacceptable. The issue is regulated by specific legal provisions and even the notification which has been issued by the State Government on 09.12.2011 has declared an area of only 100 meters in radius to be a sacred area. Only for the issuance of such a notification can the entire city not be considered a sacred area. The stand as taken in the return by the respondent hence cannot be accepted

The Court further criticised the Council’s reliance on police recommendations as it noted that the legal provisions under the Municipalities Act should also be looked upon.

Justice Verma also stated that the Council’s underway procedures to locate suitable land for the modern slaughterhouse did not exempt it from its responsibility to issue a NOC.

The Court then ordered the administrative authorities to issue NOC to Hussain provided the latter succeeds in obtaining necessary permissions under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.