Holding

The licence was valid, the location requirement was directory and waived, the APPCB consent must be rectified to meet the Environment Protection Rules, and the meat‑export policy and the slaughter‑house do not violate constitutional provisions.

Summary

The Supreme Court examined a series of appeals challenging the grant of an industrial licence to Al‑Kabeer Exports Ltd. for a mechanised slaughter‑house in Medak district, Andhra Pradesh. The petitioners argued that the licence violated location prohibitions, environmental standards, the Andhra Pradesh Prohibition of Cow Slaughter Act and constitutional provisions under Articles 19, 21 and 48. The Court held that the location condition in the Letter of Intent was directory, that the Central Government had effectively waived it, and that the licence remained valid. It also found that the Andhra Pradesh Pollution Control Board's consent order prescribed lower standards than the Environment Protection Rules, and directed the Board to rectify the order while allowing the company to continue operating subject to compliance. The Court rejected the claim that the meat‑export policy or the slaughter‑house violated constitutional directive principles, and declined to strike down any legislation, instead issuing directions for monitoring, reporting and enforcement of animal‑preservation statutes.

Issues considered

The validity of the industrial licence in view of the location prohibition under the Letter of Intent and State notifications
Whether the APPCB consent order violated the Environment Protection Rules and warranted closure of the slaughter‑house
The right to information under Section 25 of the Water Act and the validity of the NOC
The impact of the slaughter‑house on buffalo/cattle population and compliance with the Andhra Pradesh Prohibition of Cow Slaughter Act, 1977
The constitutionality of the Central Government’s meat‑export policy vis‑à‑vis Articles 19, 21, 39, 47 and 48 of the Constitution
The applicability of the Supreme Court’s decisions in Mohd. Hanif Quareshi and State of Gujarat v. Mirzapur to the present statutory scheme

Legislation cited

Air (Prevention and Control of Pollution) Act, 1981
Environment (Protection) Act, 1986
Environment (Protection) Rules, 1986s. Rule 3, Schedule 1, Entry 50B
Industries (Development and Regulation) Act, 1951s. 11(2)
Water (Prevention and Control of Pollution) Act, 1974s. 11, s. 25

Subjects

industrial licenceslaughter‑houselocation prohibitionenvironmental compliancepollution control boardcattle preservationArticle 48directive principlesmeat export policyconstitutional lawpublic interest litigation

Judgment

AKHIL SHARAT GOSEWA SANGH A
v.
STATE OF A.P. AND ORS.

MARCH 29, 2006

[Y.K. SABHARWAL, CJ. AND TARUN CHATIERJEE, J.] B

Industries (Development and Regulations) Act, 1951; Section 11(2)/
Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act,
1977/Andhra Pradesh Gram Panchayat Act, 1964; Section 131(3)/Notification C
dated July 25, 1991 issued by the Central Government and Notification
dated February 3, 1992 issued by the State of Andhra Pradesh:

Application for grant of industrial licence to a company to run slaughter
house-Issuance of No Objection Certificates by various authorities-State
Government recommending grant of the licence-Central Government issuing D
Letter of Intent in terms of provisions of Industries (Developmenl and
Regulations) Act-Suspension ofpermission by Gram Panchayat-Suspension
order lifted by the State Government-Challenge to--Reversed by a Single
Judge of !he High Courl-Appeal against-Division Bench of the High Court
held that since authorities concerned granted permission duly considering all
the relevant facts, there was no ground for intervening and disturbing E
establishment of the slaughter house-On appeal, Held: Only after holding an
enquiry and having satisfied, permission to run the slaughter house granted--
Provisions relating to location requirements/distance prohibition are directory
in nature-Cenlral Government could issue licence even without imposing
any conditions as to the distance prohibition-Since the licence was issued to F
the company, it amounts to waiver of the conditions-Besides, the licence
issued to the company in terms of the industrial policy ofthe State Government,
hence, the distance prohibition could not be considered to be a ground for
cancellation of the licence/closing down of the unit-Since, question as to
location requirement is a question offact, it cannot allowed to be raised at
this stage. G
Grant of an Industrial Licence -Environment Protection Ru/es-
Violation of-Held: State Pollution Control Board could prescribe higher
standards ofpollution control but could not lower the same-Since the company

543 H
544 SUPREME COURT REPORTS [2006] 3 S.C.R.

A had installed elaborate anti-pollution equipments, the company is directed
to comply with the Rule by lowering down the pollution level to permissible
limits--!f the company fails to do so, it would be open to the authorities to
direct closure of the company--Environment Protection Rules--Rule 3--
Schedule /--Entry 50 B.

B Water Act; Sections 11 and 25:

Right to information to members ofpublic--Non-disc/osure---Ejject of--
Held: Provisions under the Act does not confer any such right--Hence, issuance
of NOC by the authorities not vitiated by reason of non-disclosure of
C information to the appellant--('onstitution of India, 1950--Artic/e 19(/){a).

Grant of Licence to run slaughter house--Ejfect on Caulelbuffaloes
population-Held: Central <Jovernment report confirms that there was no
reduction in the population of buffaloes since commencement of operation of
the abattoir-Since findings/report of the expert bodies in scientific/technical
D matters would not ordinarily be interfered with by the Courts in exercise of
power under Article 2261136 or 32 of the Constitution, it cannot be held that
the functioning of the abattoir would result in reduction of buffaloes
population-Constitution of India, 1950--Artic/es 32--136--226.

Grant of permission to run a slaughter house vis-a-vis Central
E Government Export Policy--Held: Despite directions by the Supreme Court to
the company for reduction of its production to 50%, the total export of meat
did not reduce-Striking down the existing meat export policy would result in
discouraging the private entrepreneurs to invest in the meat industry-A Policy
of the Government cannot be struck down merely on certain/actual disputes--
Directive Principles and Fundamental Duties cannot themselves serve to
F invalidate a policy-The policy, in question, does not violate the constitutional
provisions-Hence, it cannot be struck down------Constitution of India, 1950--
Artic/es 2 !--39(b) & (c)----47-48.

Ban on slaughter of bovine animals-Provisions under A.P. Act, 1977
G vis-a-vis Bombay Animal Preservation (Gujarat) Amendment Act, 1984--
/nterpretation of-Discussed.

Provisions of Mysore Prevention ofCow Slaughter and Cattle Prevention
Act, 1964--Enforcement of--Held: State Government is directed to enforce
and implement strictly the provisions under Sections 4. 8 to 11 and 18 of the
H Act.
AKHIL BHART GOSEW A SANGH v. STATE OF A.P. 545

Constitution of India, 1950; Article 48: A
Directive Principles vis-a-vis-Fundamental Rights-Whether the view
taken by the Supreme Court in Mohd. Hanif Quareshi case requires
< modification in the light of a larger Bench decision of the Supreme Court in
the case of State of Gujarat v~ Mirzapur-Held: Yes, since the larger Bench
has clarified that the protection available under Article 48 could be extended B

-- to cattle which ceased to be milch or draught animals.

Total prohibition of cattle slaughter-Issuance of writ of mandamus-
Held: It would not be appropriate to encroach upon the power of the State
legislature to issue directions declaring total ban on slaughter of cattle, it C
amounts to judicial legislation.

A company had applied to the authorities of Andhra Pradesh State
Government and the Central Government for grant of licence to run a
slaughter house in a village of the said State. The company obtained No
Objection Certificates from the authorities concerned; though No Objection D
Certificates were granted by the authorities subject to fulfilment of certain
conditions, the State Government made recommendations for grant of an
industrial licence to the company to set up abattoir at the selected site. The
Central Government also granted a Letter oflntent under the provisions of
the Industries (Development and Regulation) Act, 1951 for establishment of E
the slaughter house for manufacturing and export of Frozen Buffalo and
Mutton Meat. While construction of the abattoir had been progressing, the
Gram Panchayat issued a notice in exercise of its power under Section 131

-
(3) of the Andhra Pradesh Gram Panchayat Act, 1964 suspending the
permission granted by it earlier and directed the company to stop construction
of the building for the factory/slaughter house until further orders. The F
company filed a revision petition before the State Government questioning
the issuance of the notice by the Gram Panchayat. The revision petition was
allowed by the State Government. Against the order passed in the revision
petition, two writ petitions were filed in the High Court by the organizations
opposing the establishment of the slaughter house, and also by -some G
individuals. Admitting the petitions, Single Judge of the High Court ordered
suspension of the operation of the order passed by the State Government.
Aggrieved, the State Government as well as the company filed writ appeals
which were admitted by a Division Bench of the High Court and the interim
order passed by the Single Judge was stayed. The writ petitions were heard
and disposed of by the High Court in terms of its order dated November 16, H
546 SUPREME COURT REPORTS [2006] 3 S.C.R.

A 1991 directing the State Government to prepare a detailed report regarding '•

the water, air and environment pollution, if any, and the likely effect of the
setting up of the mechanized slaughter house by the company at the village
concerned on the prevailing environment, and also its likely effect on the
cattle wealth in the area, after considering the representations which the
B writ petitioners and other interested parties may submit in writing in this

-
regard.

In pursuance to the directions of the High Court, the State Government
constituted a Committee (Krishnan Committee) to look into the matter. Thi!
Committee submitted its report, which was forwarded to the Central
C Government but the Central Government did not pass any orders on it Further,
writ petitions were filed by the various organizations, including the appellant,
questioning the grant of permission for trial run of the slaughter house in
question. The Division Bench of the High Court disposed of the writ petitions
holding that since the authorities concerned had granted requi5ite permission
duly considering all the relevant facts and circumstances, there exist was no
D ground for intervening with the establishment and operation of the slaughter
house. It also directed prosecution of one of the petitioners for his mis-
statement in the petitions. While disposing of the writ petition filed by the
present appellant, the Division Bench of the High Court held that the question
as raised by the appellant was already dealt with in the judgment, and
E therefore, there was no need to deal with it all over again. Hence the present
appeals.

An interim order was passed by a Division Bench of this Court
directing the Central Government to look into all the relevant aspects in
terms of the directions of the High Court and to submit a report. The
F report so submitted by the Central Government was considered by this
Court along with other report as submitted by the Krishnan Committee and
came to a direction that with effect from 1st April 1997 the company shall
function at half of its installed capacity; and that the appeals were due to be
listed in due course.
G Although the three connected appeals being C.A. Nos. 4711-4713 of
1998 (Umesh & Ors. v. Karnataka & Ors.) were also heard along with C.A.
Nos. 3964-68of1994 (Akhil Bharat Goseva Sangh & Urs. v. State of A.P. &
Ors.), the judgment in C.A. Nos. 4711-4713 of 1998 has been dealt with
separately as the questions involved in these appeals were not in issue·i11--·
H C.A. Nos. 3964-68of1994. The questions which arose for determination in
AKH!L BHART GOSEWA SANGH "·STATE OF A.P. 547
,__
these three appeals were: A
(i) As to whether the High Court erred in dismissing the writ petitions
after holding that the State Government must strictly implement the provisions
of the Mysore Prevention of Cow Slaughter and Cattle Prevention Act, 1964;

(ii) As to whether the view taken by this Court in Mohd. Hanif B
Quareshi v. State ofBihar, 11959] SCR 629 regarding implementation of Art.
48 of the Constitution, the directive principles vis-a-vis fundamental rights
requires modification in the light of larger Bench decision in Keshavananda
Bharti Case (197314 SCC 225 and the subsequent decisions of this Court on
the same issue;
c
(iii) As to whether the terms in Art. 48 are wide enough to include all
categories of bovine cattle; and

(iv) As to whether section 5 of the 1964 Act is unconstitutional in
so far as it does not impose a total prohibition of slaughter of bovine cattle
and as to whether a writ must be issued directing the State Government
D
to prohibit slaughter of all bovine cattle.

The appellants contended that the question which was raised but not
decided by this Court in its earlier orders and kept to be decided at the
final stage of the present appeals, was as to whether the respondent, a
E
slaughter house has been established In violation of location requirement
as mentioned in the Letter of Intent of the Central Government for
issuance of industrial licence to it; that since the location of the company
is in violation of location requirement, and also located within the
prohibition zone the company may be directed to close down its abattoir;
that the State Government, having issued a General Order banning F
location of industries in Medak District, where the unit of the Company
was located, it had wrongly granted permission to the company to run its
abattoir in the same place/district, and therefore, the company must be
directed to shut down its abattoir and the licence issued to it must be
cancelled; that Andhra Pradesh Pollution Control Board (APPCB) by its
G
consent order allowed limit for B.O.D. of 100 mg/Lit. whereas the
• maximum permissible limit specified in the Environ.meat Protection Rules,
..__
1986 is 30 mg./Lit (Rule 3, Schedule 1, Entry 50.B); and that the consent of
APPCB was in violation of the Act and Rules, and hence it must be quashed;

- that the consent order was in derogation of the right of the appellant to
information in violation of Article 19(l)(a) of the Constitution; that the policy H
548 SUPREME COURT REPORTS [20061 3 S.C.R.

A of the Government to encourage slaughter for export is subject to judicial
review as policies which violate constitutional provisions are reviewable; that
the policy violates Art. 39(b) and (c) of the Constitution as it serves to
concentrate profits from cattle wealth in a few hands; that not only this policy
violates Art. 47 of the Constitution as it leads to malnutrition but also Art.
48 which contains a positive command to the State to preserve and improve
B breeds and prohibit slaughter of milch and draught cattle regardless of their
usefulness; that the policy also violates Art. 21 by depriving the society of
the useful benefits of animals; that A.P. Act, 1977 does not mention any
specific age limit under which cattle slaughter is prohibited and therefore
criteria for determination of healthy and useful cattle is subjective and with
C a scope of maneuverability; that the A.P. Animal Husbandry Manual prescribes
the age of slaughterable buffaloes as above IO yea,s; that the buffaloes are
useful even till 15-20 years; and that since the agencies of the State
Government also recommended ban on export of meat, the policy of the Central
Government to export meat deserves to be struck down.

D Disposing of C.A. Nos. 3964-3968 of 1994 and partly allowing
C.A.Nos. 47ll to 4713 of 1998, the Court

HELD: C.A. Nos. 3964-3968 of 1994:

I. Having been satisfied after holding enquiry, permission and/or
E licence was granted by the authorities concerned to the company for the
purpose of making construction at the site in question and thereafter for
running the slaughter house, it cannot be said that the company was
permitted by the authorities first to make construction of the factory at
the selected site and thereafter to run the slaughter house without being
F satisfied that the conditions for grant of permission and licence were
observed by the company. [559-B-C]

2.1. Sub-section 2 of Section 11 of the Industries (Development &
Regulation) Act by which conditions can be imposed as to the location of
the undertaking by the Central Government, is only directory in nature and
G it would be open to the Central Government to issue licence without giving
any conditions to the company as to the location of the undertaking. It is
significant to note that the legislature in sub-section 2 of Section 11 has used
the word 'may'. [572-G-H; 573-A[ -
2.2. The appellants have alleged for the first time before this Court
H the fact that the company is located within 13 km. from the standard urban
-
AKHIL BHART GOSEWA SANGH ,.. STATE OF A.P. 549
limits of the city of Hyderabad which falls within the prohibited zone. Even A
assuming, distance prohibition would be applicable to the case of the company
in question. This distance prohibition may not stand in the way of the company
from getting an in~ustrial licence for the purpose of setting up the abattoir
at the site in question. It is true that before issuance of licence, Letter of
Intent (LOI) was issued by the Central Government, only wherein the location B
requirement was stated in a printed form. However, it is an admitted position
that the Central Government did not make any query from the company about
the distance between the Village, where the site is located, and the urban limits
of the city of Hyderabad. By issuing the Industrial licence to the Company,
even after knowing the proposed location of the unit, it must be said that the
Central Government waived the location requirements, as mentioned in its C
LOI with regard to this unit. [572-A-B-C-D; 573-A-B[
2.3. Clause (2) of Paragraph 3 of the Notification dated February 3,
1992 which was issued by the State Government as a follow up action of the
Notification dated July 25, 1991 issued by the Central Government under
which permission/licence was required for industries located within 25 Km. D
from the periphery of State urban areas, specified the list of villages falling
within the prohibited zone for which, location approval from the Central
Government wouJd be necessary except for non-polluting industries. In the
present case, the activity of the company does not fall in the category of non-
polluting industries. However, the Notification contains two lists - list A and
List B. List A specified all the villages within the standard urban area of E
Hyderabad. Patancheru which falls within Medak District and is within the
computation of 25 km. from the periphery of the standard urban area of
Hyderabad falls under list B. Therefore, in terms of the distance there was
requirement of obtaining an industrial licence by virtue of the Notification
dated 3rd February 1992 of the State Government. In view of the admitted fact F
that industrial licence was granted by the Central Government and permission
to run the slaughter house was granted by the State Government on the basis
of the Industrial policy of the State Govt., the distance prohibition could not
be considered to be a ground either for cancellation of the industrial licence
or for closing down the unit. [573-D-E-F-G]
G
2.4. The question on location requirement is always a question of fact
which cannot be permitted to be raised at this stage. However, it is open to the
Central Government and the State Government to consider the distance
prohibition as indicated in the LOI and the Notification and General Order of
the State Government for the purpose of shifting the site to some other
alternative place which wou.ld satisfy the location conditions. Subject to the H
550 SUPREME COl.'R r REPORTS [2006] 3 S.C.R.

A above, this question is answered in favour of the company.
(574-F-G-H; 575-A)

3.1. The standard£ prescribed by the Andhra Pradesh Pollution Control
Board (APPCB) for the company while issuing its consent for slaughtering
operation to begin, were indeed in violation of the Environment Protection
B Rules in so far as they prescribe a lower standard than was mandated by these
Rules. The State Boards are permitted to prescribe higher standards than
those mentioned in the Rules but are not permitted to lower the standard.
The samples which were collected by the Department of Water and Waste
Water Examination and Institute of Preventive Medicine from the company's
C abattoir indicated violation of the standards prescribed under Environment
Protection Rules. Though the company has installed elaborate anti-pollution
equipment, it would be of no consequence if such equipment is in reality not
bringing down the level of pollution below permissible limits. However, it
cannot be overlooked that the company is continuing its operation for more
than 10 years without any objection from the Andhra Pradesh Pollution
D Control Board (APPCB). Therefore, considering all the circumstances,
directly ordering closure of the company is not called for; rather appropriate
directions may be given by APPCB to the company by rectifying its consent
order in accordance with the Environment Protection Rules. In the event the
company fails to comply with such directions from the APPCB, it would be
E open to the authorities to direct closure of the company. [576-B-C-D-E-F)

3.2. Section 25 of the Water Act does not confer any right on members
of the public to demand information from the AP PCB prior to issuance of
NOC to the company. Therefore, it cannot be held, that the NOC was vitiated
by reason of non-disclosure of information to the appellant. (578-Fj
F 3.3. Section 11 of the Water Act clearly provides that no act or
proceeding of APPCB or any committee thereof shall be called in question, it
can safely be concluded that even if there was some defect in the composition
of the AP PCB, that would not invalidate the consent order issued by it.
(579-F, G)
G
4.1. It cannot be doubted that lhe Krishnan Committee was in favour of
. the establishment of the slaughter house subject to the condition that it should
raise its own cattle as required by it - initially to the extent of half and
ultimately to the full extent. The Committee noted that the operation of the
company would adversely affect the cattle population in and around the region
H unless 50% of the demand of the abattoir was met through breeding of cattle
-
AKHIL BHART GOSEWA SANGH v. STATE OF A.P. 551
by the company itself. However, with the enactment of A.P. Act, the Legislature A
has regulated the slaughter of all bovi;1e animals including buffaloes. For
obtaining a permission from the competent authority to slaughter an animal,
certain conditions are required to be fulfilled. In order to ascertain whether
those conditions are fulfilled by the company or not, Animal Husbandry
Department of the State of Andhra Pradesh has been deputing necessary B
officials to the plant of the company to monitor and undertake anti-mortem
and post-mortem examinations and to implement the provisions of the Act.
[562-E-F; 584-A-B; EJ

4.2. In compliance with the directions of this Court dated March 12,
1997, the Central Government filed a report. From the report, it appears that C
the expert committee of the Central Government had examined all issues, as
directed by this Court. The Committee has correctly taken the figures of a
block period of four years before commencement of operations and again
figures of a block period of four years after commencement of operations by
the company. This is in view of the fact that statistics/figures of one particular
year cannot represent or give a proper picture as the number of cattle can D
very well vary due to natural calamities, large scale migration in view of
urbanization etc. Nothing was found against the committee of the Central
Government that it had gone wrong by proceeding on that basis and it was
justified to take a block period of four years which would certainly indicate
the trend or show whether there was any steep or persistent decline after the E
commencement of operations of the company. The figures/statistics as given
by the Central Government in the report as well as the 16th Quinquennial
and 17th Quinquennial Census would clearly indicate that there is an increase
in the number of buffaloes and there is no reduction or decline much less a
steep decline in the number of buffaloes in the Telangana region.
[584-F-G; 586-D-E-F-Gl F
4.3. It is now well-settled by various decisions of this Court that the
findings of expert bodies in technical and scientific matters would not
ordinarily be interfered with by courts in the exercise of their power under
Art. 226 of the Constitution or by this Court under Art. 136 or 32 of the
Constitution. Moreover, Krishnan Committee has also not recommended G
closure of the unit because of cattle depletion but on the other hand
suggested some measures that may be taken to minimize cattle depletion.
Hence this Court find no reason to show its concern that the functioning of
the abattoir would result in depletion of buffalo population in the Hinterland
of the abattoir. [587-G-H; 589-C-DI H
552 SUPREME COURT REPORTS [2006] 3 S.C.R.

A Syslopic Laboratories (Pvt.) Lid. v. Dr. Prem Gupta & Ors., [1994)
Suppl. 1SCC160 and K. Vamdevan Nair & Ors. v. UO./. & Ors., [1991) Supp.
2 sec 134, relied on.

5. The Andhra Pradesh Prohibition of Cow Slaughter and Animal
Preservation Act, 1977 (A.P. Act, 1977) does not impose a total ban on
B slaughter of a particular type of bovine animal, whereas in Mirzapur 's case
this Court dealt with the provisions of Bombay Animal Preservation (Gujarat
Amendment) Act, 1994 which imposes a total ban on slaughter of cow and its
progeny. So far as the A.P. Act, 1977 is concerned, there is no total ban on
slaughter of buffaloes. Therefore, the submission of the appellant cannot at
C all be accepted, as this Court is not concerned with the case of striking down
a particular provision which imposes an absolute prohibition of slaughter of
particular types of bovine animals. [n Mirzapur case, it was, however, not held
that permitting slaughter of bovine cattle by itself is unconstitutional.
(589-G-H; 590-A-BJ

D State oj Gujarul v. Mirzupur Moti Kureshi Kassab Jamal and Ors., (2005)
8 sec 534, followed.

Mohd. Hanif Quareshi & Ors. v. The Stale of Bihar, [1959) SCR 629,
referred to.

E 6.1. As the policies taken by the Central Govt. and Agricultural and
Processed Food Exports Development Authority (APFEDA), which is a
creation of the Parliament for promotion of export and product
development of scheduled products, the question of striking them down
cannot arise. However, it will be always open to the Court to direct the
Central Government or the State Government to renew or review its policy
F and to make a fresh policy at any time if they find it to be expedient to do so.
[590-G-H; 591-A]

6.2. It is the case of the Government as well as the abattoir that only
those buffaloes which are unfit for milching, breeding and draught were
G permitted to be slaughtered and are being slaughtered. In the decided case of
Mohd. Hanif Qureshi, the issue was not whether the population of live stock
was increasing or not but whether the population of healthy live stock was
increasing. Although it was sought to be argued by the appellant that due to
slaughter of buffaloes by the company, the population of healthy buffaloes was

H
declining even then, it must be confirmed that there is no depletion of cattle/
buffalo wealth due to operation of the company. Apart from that, it appears -
AKH!L BHART GOSEWA SANGH v. STA TE OF A.P . 553
.._...
from the record that the slaughterhouse of the company was built in accordance A
with European Economic Community Standards and is one of the most modern,
scientific, integrated slaughterhouses in India. If in any way the company is
directed to close down their factory the said action on the part of the Central
Government would be to discourage private entrepreneurs to invest in the meat
industry which will affect the reputation of India in the export market of meat
(591-E-F-G-H; 592-A(
B

Mohd. Hanif Quareshi & Ors. v. The State of Bihar, (1959) SCR 629,
referred to.

6.3. In terms of the interim direction given by this Court on 12th March
1997, the production of the company was reduced to 50 %. However, the total
c
export of meat from India did not reduce. For these reasons, this Court is
unable to direct at this stage to strike down the policy regarding meat export
from India to foreign countries. The policy of the Central Government cannot
be easily struck down only because there was slight decline of cattle growth
nor it can be struck down before looking into the entire aspect of the matter. D
It is also well settled that policy decision of the Government cannot be
interfered with or struck down merely on certain factual disputes in the matter.
It is not open to the Court to strike down such decision until and unless a
serious and grave error is found on the part of the Central Government or
the State Government. Such being the position, meat export policy of the
E
Central Government cannot be struck down, as it does not violate the
constitutional provisions. (592-A-8-C-D)

6.4. It is also the consistent policy of the Government of India to
encourage export of meat and meat products. The current foreign trade policy
also encourages export of meat provided that a designated veterinary authority F
certifies that it is not obtained from buffalo used for breeding and milching
purposes. It is true that in the Constitution Bench decision of this Court in
the case of State of Gujarat v. Mirzapur it has been held that the protection
envisaged under Art.48 extended even to cattle that had ceased to be milch or
draught, provided they fall within the category of milch and draught cattle. It
has also been held that cattle forms the backbone of Indian agriculture and
G
they remain useful th rough out their lives. While dealing with Art. 48 and
..... 48-A of the Constitution read with the fundamental rights, the Constitution
Bench further held that both directive principles and fundamental duties must
be kept in mind while assessing the reasonableness oflegal restrictions placed
upon fundamental rights. However, -striking down a law or policy on the ground H
554 SUPREME COURT REPORTS [2006 I 3 S.C.R.

A that it violates a directive principle or fundamental duty was not an issue before
the Constitution Bench of this Court in the said case. It is true that in the
said Constitution Bench decision it has been held that total prohibition of cow
and cow progeny slaughter may be justified. However, it has not been held in
that decision that laws and policies which permit such slaughter are
B unconstitutional. Therefore, the position of law remains that the directive
principles and fundamental duties cannot in themselves serve to invalidate a
legislation or a policy. Moreover, the export policy itself permits only export
of meat from buffaloes that are certified as not useful for milching, breeding
or draught purposes. Therefore, if properly implemented, it cannot be said
that the policy will necessarily have adverse consequences, especially in view
C of the foreign e'.l:change obtained through it. Hence, the argument of the
appellant that the meat export policy, as made by the Central Government must
be struck down, cannot be acceded to. (592-E-F-G-H; 593-A-B-C-DI
State of Gujurat v. Mirzupur, 12005) 8 SCC 534, followed.

D 7. In view of the fact that this Court by an interim order granted stay of
the operation of the direction of the High Court for initiating prosecution of
Appellant in C.A. No.3966/1994 under Section 195 of the Code of Criminal
Procedure read with Section 191 of the Indian Penal Code, and considering
the facts and circumstances of the case, no reason is found to proceed with
the prosecution against the appellant any further. (594-G-HJ
E
Civil Appeal Nos. 4711to4713of1998:

8. The High Court in the impugned order observed that the
Government and its officers are required to strictly enforce and implement
the provisions of Mysore Prevention of Cow Slaughter and Cattle Prevention
F Act being the conclusion made by the High Court in the body of the judgment,
in respect of Question No. I, it is proper at this stage to direct the State
Government and its instrumentalities to strictly enforce and implement the
provisions of Sections 4, 8 to 11 and 18 of the 1964 Act without going into
this question in detail. Hence directed accordingly. (598-B-CI

G 9. According to the appellants, the view taken in the case of Mohd Hanif
Quareshi & Ors. v. State of Bihar vis-a-vis relationship between Directive
Principles and Fundamental Rights requires modification in the light of the
decision in the case of Kesavananda Bharathi v. State of Kera/a and
subsequent decisions. Since the decision of this Court in the case of Mohd.
H Hanif Quareshi & Ors. v. State of Bihar has now been over-ruled on this point
AKHILBHARTGOSEWA SANGH"· STATE OF AP 555
by the Constitution Bench decision of this Court in Mirzapur case, this A
question is decided in favour of the appellants. [598-E-F-G-H]

State of Gujarat v. Mirzapur, [2005] 8 SCC 534, followed.

Mohd. Hanif Quareshi & Ors. v. State of Bihar, [1959] SCR 629 and
Kesava Nanda Bharthi v. State of Kera/a, (1973] 4 SCC 225, referred to.
B
10. l. In view of the Constitution Bench decision in the case of State of
Gujarat v. Mirzapur overruling the decision of this Court in the case of Mohd
Hanif Quareshi & Ors. v. State of Bihar, it can no longer be held that the
protection recommended by the directive under Art. 48 of the Constitution

- can be said to be confined only to cows and calves and those animals which C
are presently capable of yielding milk or of doing work as draught cattle.
The aforesaid Constitution Bench decision has clarified that the protection
under Art. 48 of the Constitution also extends to cattle which at one time
were milch or draught but which have ceased to be such. [600-G-H)

10.2. In the case of Mohd. Hanif Quareshi, ·it was held that cattle D
becomes useless after a certain age which is for the Legislature to determine
and thereafter their maintenance is a burden on the economy of the country.
This position has also been negatived by the decision of the Constitution Bench
in the Mirzapur case. Therefore, the interpretation· of Art. 48 of the
Constitution has now been widened and "milch and draught cattle" include
cattle which have become permanently incapacitated to be used for milch and E
draught purposes. Though, this question has been decided in favour of the
appellants, it does not make any material difference to the final decision of
this case. [601-A; F-G)

State of Gujarat v. Mirzapur, [2005) 8 SCC 534, followed.
Mohd. Hanif Quareshi & Ors. v. State of Bihar, (1959] SCR 629, F
referred to.

11. Even though the decision in the Mirzapur case supports the
submission of the appellants on the question Nos.2 and 3, the issuance of writ
of Mandamus to compel total prohibition of cattle slaughter would only amount G
to judicial legislation and would encroach upon the powers of the State
Legislature, as held by the High Court, which was the right approach made
by it. That being the position, the question of declaring total ban on slaughter
of cattle cannot be permitted and section 5 of the Act cannot be said to be
ultra vires the Constitution. [602-E-F)
H
556 SUPREME COURT REPORTS (2006) 3 S.C.R.

A State of Gujarat v. Mirzapur, (2005) 8 SCC 534, referred to.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3968/1994.

From the Final Judgment and Order dated 6.4.1993 of the High Court of
Andhra Pradesh at Hyderabad in W.P. No. 13062/1992.
B WITH
C.A. Nos. 3967/94, 3966/94, 3864-65/94, 4711-4713/98.

N.N. Goswamy, Manmohan, B.S. Banthia, R.K. Joshi, Jasraj Shrimal,
Sushil Kumar Jain, Mrs. Pratibha Jain, Mrs. Sheela Goel (NP), H.M. Singh
C (NP), Dhruv Mehta, Mohit Chaudhry, Ms. Shalini Gupta, S.K. Mehta, Manoj
Saxena, S.K. Mettra, Mohanprasad Meharia, Hemant Sharma, S.N Terdol,
Ms. Divya Roy, Manish Jha, Ms. Bina Gupta, Sunil Kumar Jain, Manish
--
Kumar, S. Borthakur, Ms. Pinky Anand, D.N. Govurdhan, Ms. Geetha Luthra,
Nikhil Nayyar, Mrs. Urmila Sirur, D.S. Mahra (NP), Mrs. Revathy Raghavan
D (NP), Mrs. D. Bharathi Reddy (NP) and Sanjay R. Hegde (NP) for the
appearing parties.

The Judgment of the Court was delivered by

TARUN CHATTERJEE, J. Al-Kabeer Exports Limited (in short
'Company') is a public company formed for the purpose of carrying on the
E business of processing meat, mainly for export purposes. The company with
a view to establish a slaughter house in Rudraram village, in the Medak
District of the State of Andhra Pradesh applied to the Gram Panchayat,
Rudraram for the requisite permission to construct a factory and other buildings
connected therewith. On 24th March 1989, the Gram Panchayat concerned,
F issued a 'No Objection Certificate' (in short 'NOC'). After obtaining opinion
of the District Medical and Health Officer, Director of Town Planning and
Director of Factories, State of Andhra Pradesh, permission was granted to the
company to run a slaughter house on the selected site on 29th June I989.

Prior to this permission, the Andhra Pradesh Pollution Control Board
G (for short 'A.P.P.C.B.') also issued a 'NOC' on the application of the company
filed on December 30, 1988, subject to certain conditions concerning the
treatment of effiuents and air pollution. In the said NOC, it was inter-alia
stipulated that the company shall obtain a second 'NOC' and a regular
consent under Sections 25 and 26 of the Water (Prevention and Control of
H Pollution) Act, 1974 from A.P.P.C.B. before commencing regular production.
AKHIL BHARTGOSEWASANGH "· STATEOFA.P. [TARUN CHATTERJEE, J.] 557
The Director, Animal Husbandry Department, Government of Andhra Pradesh A
also issued a NOC in favour of the company by a letter dated July 13, 1989,
subject to compliance with the provisions of Sections 5 and 6 of the Andhra
Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 (in
short the 'A.P. Act') and the instructions issued there under. Subsequently,
on I 8th July 1989 the Central Government (Ministry oflndustry) granted a
Letter of Intent (in short 'LO.L ') under the provisions of the Industries B
(Development and Regulation) Act, 195 I (in short '!DR Act') for establishment
of a new industrial undertaking to the company at the selected site mentioned
herein earlier for manufacturing of certain amount of Frozen Buffalo and
Mutton Meat. The LOI was granted, subject to the following
conditions:-" c
"(a) Buffaloes to be slaughtered shall be subject to anti-mortem and
post-mortem examination by the concerned authorities.

(b) Only old and useless buffaloes shall be slaughtered and for this
purpose, their production and processing shall be subject to continuous D
inspection by the Municipal Authorities, Animal Husbandry and Health
Department of the State Government or any other arrangement that .
the Central or the State Government may evolve for ensuring this.

(c) Slaughter of cows of all ages and calves of cows and buffaloes
male or female, shall be prohibited. E
(d) The company shall undertake measures for preserving and
improving the breeds of the buffaloes by adoption of suitable animal
husbandry practices in consultation with the State Government

(e) At least 90% production of frozen buffalo meat would be exported F
for a period of ten years which may. be extended by another five
years at the discretion of the Government

(f) Adequate steps shall be taken to the satisfaction of the Government
to prevent air, water and soil pollution. Such anti-pollution measures
to be installed should conform to the effluent and emission standards G
prescribed by the State Government in which the factory of the
industrial undertaking is located.

(g) The new industrial undertaking or the industrial activity for effecting
substantial expansion or for manufacture of new article shall not be
located within:
H
558 SUPREME COURT REPORTS [2006] < S.C.R.

A (i) 50 kilometers from the boundary of the standard urban area limits
of any city having a population of more than 25 lakhs according to
the 1981 census; or

(ii) 30 kilometers from the boundary of the standard urban area limits
of any city having a population of more than 15 lakhs but less than
B 25 lakhs according to the 1981 census;

(h) In case the location of the industrial undertaking is in no Industry
District, change of location from No Industry District to any other
area including a notified backward area either within the same State
or outside the State will not normally be allowed."
c
The recommendation was als0 made by the State of Andhra Pradesh to
grant industrial licence to set up abattoir slaughter house at the selected site.

If we are permitted to read the various conditions for grant of LOI
issued by the Central Government carefully, it would be evident that only old
D and useless buffaloes shall be available for slaughtering and their production
and processing shall be subject to continuous inspection by the Municipal
Authorities, Department of Animal Husbandry and Health Department of the
State Government. Clause (c) of the LOI speaks of total prohibition of
slaughtering of cows of all ages and calves of cows and buffaloes. male or
E female. Clause (d) invites the company to undertake measures of prohibiting
and improving the breeds of the buffaloes by adoption of suitable animal
husbandry practices in consultation with the State Government. Clause (e) of
LO.I. provides that 90% of the production of frozen buffalo meat would be
exported for a period of ten years which ma)' be extended by five years at
the discretion of the Government. Clause (t) directs to take adequate steps to
F the satisfaction of the Government to prevent air, water and soil pollution and
for this purpose anti pollution measures must be installed to enforce the
effluent and emission standards prescribed by the State Government. Clause
(g) of the LOI says that a new industrial undertaking shall not be located
either for effecting substantial expansion or for manufacture of new article if
G the said location is situated within 50 km from the boundary of the standard
urban area of any city having a population of more than 25 lakhs according
to 1981 census or is located 30 km from the boundary of the standard urban
area limit of any city having a population of more than 15 lakhs but less than
25 lakhs according to 1981 census. On 28th August 1991 the Agriculture and
Processed Food Products Export Development Authority informed the
H company that the Government of India was keen to promote the export of
AKHIL BHART GOSEWA SANGH '·STA TE OF A.P. [TARUN CHATTERJEE, I l 559
meat and meat products as part of its export drive. A
It is an admitted position that for the purpose of running the slaughter
house, the company, as noted herein earlier, had applied for licences to
various authorities of the State Government as well as of the Central
Government. Having been satisfied and after holding enquiry, permission and/
or licence was granted to the company first for the purpose of making B
construction at the site in question and thereafter for running the slaughter
house. Such being the position and in view of the reasons given hereinafter
we cannot apprehend that the company was permitted, by the authorities, first
to make construction of the factory at the selected site and thereafter to run
the slaughter house without being satisfied that the conditions for grant of C

-- permission and licence were observed by the company.

It is not in dispute that on the basis of the LOI and permission granted
by the State of Andhra Pradesh and other authorities including the APPCB,
the company started its construction work for installation of buildings and
machineries, for the purpose of running a slaughter house. When some D
construction had progressed, the Executive Officer of the Gram Panchayat
concerned issued a notice in the exercise of his power under section 131 (3)
of the Andhra Pradesh Gram Panchayat Act, 1964 suspending the permission
granted for construction of the factory building and other buildings to the
company and thereby directed stoppage of constructions until further orders.
Challenging this order of the Executive Officer, the. company filed a Writ E
Petition before the High Court of Andhra Pradesh. Some organizations opposed
the proposed establishment of the slaughter hous'e and they were impleaded
as respondents to the said writ petition. The writ petition was, however,
subsequently withdrawn by the company and instead a revision petition was
filed before the State Government questioning the notice issued by the F
Executive Officer on the suspension of the construction work which was
permitted by the State Government. After hearing all the concerned parties,
by an order dated 15th September 1990 the revision case was allowed by the
State Government. A bare reading of this order would show thatthe order of
the Executive Officer was not only directed to be set aside but also the period
of completing the construction work was extended by one more year, from G
29th of June 1989. Against the order passed in the revision case, two writ
petitions being W.P. No. 13763 and W.P. No.13808of1990 were filed in the
High Court-one by these organizations who were impleaded in the earlier writ
petition and the other by some individuals. These two writ petitions were
admitted by a learned Single Judge of the High Court and by an interim H
560 SUPREME COURT REPORTS [2006) 3 S.C.R.

A order, the operation of the order passed in the revision case was suspended
pending decision of the two writ petitions. Against the aforesaid interim order,
the State Government as well as the company filed writ appeals which were
admitted by a Division Bench of the High Court and the interim order granted
by the learned Single Judge was stayed by an interim order of the Division
Bench of the High Court. When the writ appeals came up for final hearing,
B the parties before the Division Bench prayed that the writ petitions be disposed
of on merits. Such stand having been taken by the parties before the Division
Bench, the writ petitions were heard and disposed of by an order dated
November 16, 1991 on merits with the following directions:-"

" ... However, we direct that the State Government shall prepare a detailed
c report regarding the water, air and environment pollution, if any, as at
present in Rudraram and surrounding villages of Patancheru Manda!,
Medak District having regard to the provisions of the Water
-
(Prevention and Control of Pollution) Act, 1974, the Air (Prevention
and Control of Pollution) Act, 1981 and the Environment (Protection)
D Act, 1986 and the rules made thereunder, the likely effect of the
setting up ol the mechani::ed slaughter house at Rudraram village
on the prevailing environment, and also its likely effect on the cattle
wealth in the area, after considering the representations which the
petitioners in these writ petitions and other interested parties may
submit in writing in this regard. The petitioners herein and other
E interested persons shall submit the representations and other supporting
material in writing to the State Government within four weeks from
today. The State Government shall prepare and submit a detailed
report to the Central Government within eight weeks from the date of
receipt of the copy of this judgment. On receipt of the report, the
F Central Government shall consider the same, having regard to the
provisions of the Water (Prevention and Control of Pollution) Act,
1974, the Air (Prevention and Control of Pollution) Act, 198 I, the
Environment (Protection) Act. 1986 and the Industries (Development
and Regulation) Act, 1951 and pass appropriate orders in relation
to the establishment of the mechanized slaughter house (abattoir) at
G Rudraram village, Patancheru Manda!, Medak District, Andhra
Pradesh, within eight weeks from the date of receipt of the report."
(Emphasis supplied).

It may be kept in mind that this order of the Division Bench by which
H certain directions were made by it to the State Government as well as to the
AKHILBHARTGOSEWA SANGH"· STATE OF A.P. [TARUN CHATTERJEE, J.] 561

Central Government was, however, not appealed before this Court. Pursuant A
· ··· to the directions given by the Division Bench in the aforesaid order, as noted
· hereinabove, the State Government constituted a Committee known as
"Krishnan Committee" for examining and reporting the matters referred to in
the order of the High Court. The Krishnan Committee constituted by the
State Government submitted its report. It was noted in the report that some B

- fundamentalist organizations opposed the establishment of the slaughter house
on account of their religious and sentimental opposition to the slaughter of
animals, whereas the Central Government and the Government of Andhra
Pradesh permitted the setting up of this plant subject to the conditions imposed
by them. So far as the pollution of air and water was concerned, the committee
was of the opinion that if due o~servance of the safeguards stipulated by the C
several concerned departments, including Pollution Control Board was made
by regular supervision, such pollution of air and water could be kept within
a reasonable limit. So far as the depletion of the cattle wealth is concerned,
!he Committee upheld the objections of the Food and Agriculture Department
in the following words:
D
"There are valid reasons for believing that this argument is substantially
valid. To start with the capacity of the plant is so large that with the
existing cattle wealth and possible increases thereto, will not be able
to provide adequate input to this factory for more than a year or two
unless drastic action is taken to increase the cattle wealth in the E
surrounding areas. The Food and Agriculture Department have already
brought out the fact that the cattle wealth in the surrounding areas as
also in the other parts of the State is gradually going down and the
cattle available for slaughter is around I. 76 lakhs animals per year.
As against this, the existing slaughter houses in the State are already
slaughtering animals to the extent of 2.0 I lakhs, with the result that F
with the level of existing cattle wealth, there is no additional input
likely to be available to cater to the huge capacity of the plant being
established at Rudraram. Food and Agriculture Department has also
brought out the fact that it will be difficult for the factory to adhere
to the existing regulations of the provisions of the Prevention of G
Cruelty to Animals Act and Prohibition of Cow Slaughter Act, 1977
and every effort would be made to circumvent the provisions of this
Act so that adequate input supply is maintained (for the?) factory. It
was reported in the newspapers sometime ago that a similar factory
established in Goa, after operation for one or two years had to
drastically stop their operations for want of adequate input material." H
562 SUPREME COURT REPORTS [2006] 3 S.C.R.

A After expressing the opinion, the Krishnan Committee made the
following recommendation as a condition for allowing the establishment of
the slaughter house:

"In the circumstances it is essential to insist on the Company to
ensure that there is an effective programme to raise feed cattle on
B their own initiative for not less than 50% of the capacity so that the
impact on the surrounding area is limited to this extent atleast. Further
increases in capacity can be considered only if the company increases
its own feed cattle. Eventually the Company will have to produce
feed cattle for their entire extent of operations so as to minimise the
'
c impact on the existing cattle wealth.

If this alternative is not acceptable to the Company, the proposal
mentioned by the Food and Agriculture Department of starting a
modem abattoir with an investment of about Rs. 15 crores may be
-
directed to take over this plant and eventually the unhygenic private
D slaughter houses in and around the city and government slaughter
houses can be closed and the meat requirement for the city may be
met from this factory."

We have carefully examined the Report of the Krishnan Committee and
its recommendation for allo\11 ing the establishment of the slaughter house.
E From a plain reading of the report and its recommendation, it cannot be
doubted that the Krishnan Committee was in favour of the establishment of
the slaughter house subject to the condition that it should raise its own cattle
required by it - initially to the extent of half and ultimately to the full extent.
The committee also opined that if the company was not willing to or not in
F a position to raise its own cattle then the company may not to be allowed to
run or its capacity may be utilised to meet the existing requirement by diverting
the cattle from the existing slaughter houses. From this recommendation, it
may be said that the existing slaughter houses, big and small, government
and private, were to be closed down and the slaughter house of the company
would be utilised to meet the present domestic requirements. It also appears
G from the record that before forwarding this report to the Central Government,
the Chief Secretary to the Government of Andhra Pradesh appended a
Reference note which may not be required to be noted for our present purpose.

The report of the Krishnan committee was forwarded to the Central
H Government. The Central Government in its tum forwarded the report to the
AKHILBHARTGOSEWA SANGH,._ STATE OF AP [TARUN CHATTERJEE, J.J 563

A.P.P.C.B. for appropriate action. However, no order was passed by the A
Central Government on the said report at all, although, the Central Government
was a party to the order of the High Court, as noted herein earlier. That apart,
the High Court also in its judgment as noted herein earlier, made certain
directions to the Central Government to pass an order after considering the
report.
B
A Writ Petition being W.P.No. 6704 of 1991 was filed by two
environmentalists for issuance of a writ, restraining the Hyderabad
Metropolitan Water Supply and Sewerage Board and others from supplying/
selling water to the slaughter house of the company. An interim order was
passed by the High Court on May 27, 1992 to the effect that the Hyderabad ·c
Metropolitan Water Supply and Sewerage Board and others be restrained
from considering the proposals for sale of water to the company.

Dr. Kishan Rao appellant in Civil Appeal No. 3966 of 1994 along with
Ahimsa Trust filed a Writ Application being Writ Petition No. 8193 of 1992.
In this writ petition an interim order was passed to the effect that the NOC D
granted by the APPCB shall be subject to further orders in the writ app!ication.

Akhil Bharat Goseva Sangh which is appellant in Civil Appeal No.
3968 of 1994 filed a Writ Application No. I 0454 of 1992 questioning the
grant of permission for trial run of the slaughter house of the company.
E
A Writ Application being Writ Petition No. 13062of1992 was filed by
Dr. Kishan Rao along with one Smt. Satyavani questioning the permissions
granted for the establishment of the slaughter house of the company. As
noted hereinearlier, Writ Petition No. 8193/1992 was filed by Dr. Kishan Rao
praying for similar reliefs which were prayed by him in Writ Petition No.
13062/1992. The Division Bench in the judgment under appeal had taken a F
serious objection to the filing of two Writ Petitions by Dr. Kishan Rao for
similar reliefs and observed that there was mis-statement on the part of Dr.
Kishan Rao saying that relief claimed in Writ Petition No. 13062/1992 and
reliefs claimed in Writ Petition No. 8193/1992 were different. All these writ
petitions were heard together and disposed of by the High Court by common G
judgment dated April 6, 1993. In the aforesaid judgment, the High Court in
substance observed as follows:

(I) As the LOI granted by the Central Government and the provisions
of the Andhra Pradesh Preservation of Cow Slaughter and Animal Preservation
H
564 SUPREME COURT REPORTS (2006] 3 S.C.R.

A Act, 1977 permits slaughtering of only useless cattle and in view of the fact
that maintenance of such useless cattle involves a wasteful drain on the
nation's meager cattle feed resources, the Government of Andhra Pradesh
and the Central Government were fully justified in granting permission for
establishing and running the slaughter house.

B (2) In view of the agitations by some organizations the matter was re-
examined and fresh discussions were made by different concerned departments
of the State. On the question of slaughter policy of the State and on re-
examination of the issues involved, the Director of Animal Husbandry observed
on 21st December, 1990 that the establishment of slaughter house would not
C really result in any depletion of cattle in the State.

(3) On 28.9.1991 the issue was again considered by the Director of
Animal Husbandry, who reiterated his opinion expressed on 21.12.1990 which
was also approved by the Andhra Pradesh Cabinet. In view of the aforesaid
finding made by the Division Bench it was found by it that the establishment
D of slaughter house of the company would have only "negligible effect" on
ratt: cattle growth in the State.

(4) So far as the environment aspects were concerned, Division Bench
found that the safeguards stipulated by APPCB and other authorities of the
State were sufficient to ensure control of air and water pollution.
E
Accordingly, the Division Bench was of the opinion that all the
concerned authorities of the State having granted requisite permissions after
duly considering all the relevant facts and circumstances, there was no ground
for intervening with the establishment and operation of the slaughter house.
In the said judgment while dismissing the writ petitions, the Division Bench
F also directed prosecution of Dr. Kishan Rao for his mis-statement that he had
not filed any other writ petition seeking similar reliefs.

We may restate that writ petition No. I0454 of 1992 filed by Akhil
Bharat Goseva Sangh was also disposed of by the Division Bench on the
G same day. In Writ Petition No.10454 of 1992 the main contention of the
petitioner was that the State Government had not complied with the directions
made by the High Court in its judgment and order dated 16.11.1991 and in the
said Writ Petition it was prayed that until and unless the State Government
sent its report, m accordance with the direction of the Division Bench of the
High Court, to the Central Government and the latter had taken decision
H
AKHILBHARTGOSEWA SANGH 1'.STATEOF A.P. [TARUN CHATTERJEE, J.] 565
thereon, the company be restrained from functioning. On this issue, the A
Division Bench held that this question was already dealt with in the judgment
and therefore in this writ application there was no need to deal with it all over
again. C.A.No.3968 of 1994 was preferred against this judgment in this Court.

C.A. Nos. 3966, 3967 and 3968 of 1994 have been preferred against the
judgment of the Division Bench of the A.P. High Court delivered on 6th April, B
1993. The appellant in C.A.No.3966of1994 is Dr. Kishan Rao, the appellant
in C.A. No. 3967of1994 is Smt. Satyavani whereas the appellant in C.A.No.3968
of 1994 is Akhil Bharat Goseva Sangh.

Civil Appeal Nos. 3964-3965 of 1994 have been directed against the
order of another Division Bench allowing the writ appeal preferred by the C
company under Clause 15 of the Letters Patent and setting aside the
interlocutory order passed by a learned Single Judge in W.P. M.P. No.9367/
1993 arising out of W.P. No. 7483/1993. In this way the five appeals against
the judgments of the High Court of Andhra Pradesh were placed before us
for final disposal which were heard in presence of the learned counsel for the D
parties.

By an order dated 25th October 1994 passed in C.A. No.3968/1994
with C.A. Nos.3964-3967/1994 (Akhil Bharat Goseva Sangh v. State of A.P.
and Ors.,) reported in [(1995) Suppl.(!) SCC 370], the report of the Krishnan
Committee was taken into consideration by a Division Bench of this Court E
which made the following observations:

"We are of the opinion that the rejection of Krishnan Committee
report in the above manner really amounts to slurring over the main
recommendation of the said report. Moreover, the learned Judges
have not dealt with the failure of the Central Government to consider F
the said report and pass appropriate orders pursuant to the directions
of the High Court in its judgment dated November 16, 1991. The
learned Judges have observed in the said judgment that it is not
possible for the Court to go into conflicting reports of experts and
that, therefore, they should leave the matter for the judgment of the G
Government. This observation again does not take into account the
directions made by the said High Court in its judgment referred to
above. They have also observed that the Director of Animal Husbandry
has given his opinion or revised opinion, as the case may be, after
taking into consideration the objections of the Food and Agriculture
-~.
H
566 SUPREME COURT REPORTS [2006] 3 S.C.R.

A department. Though no material has been brought to our notice in
support of the said statement, we shall assume that it is so. Even then
the fact remains that this reconsideration by Director, Animal
Husbandry department is said to have taken place sometime in 1990,
whereas even in 1992, the Food and Agriculture department was yet
protesting with its views before the Krishnan Committee. Above all,
B the said reconsideration by the Director, Animal Husbandry department
far prior to the judgment of the High Court dated November 16, 1991
does not relieve the Central Government of the obligation to consider
the Krishnan Committee report and pass appropriate orders in the
matter as directed by the judgment of the High Court dated November
c 16, 1991. It was for the Central Government to consider the said
report taking into consideration the several facts and circumstances
mentioned therein as also the contending views expressed by the
several authorities and departments referred to therein. This, the Central
Government has clearly failed to do.

D There is another relevant consideration. The slaughter house has
been in operation for the past eighteen months or so. It would be
possible to find out the effect, if any of the operation of the slaughter
hoi1se had on the cattle population of Medak and adjacent and nearby
districts. It would equally be relevant to ascertain, if possible. what
percentage of cattle slaughtered have been brought from other States
E and what percentage from the surrounding areas. In this connection,
it is relevant to mention that the Animal Husbandry department has
taken the total cattle population of the Andhra Pradesh State which
is indeed misleading. The slaughter house is situated on the western
border of Andhra Pradesh State, almost on the trijunction of Andhra
F Pradesh, Maharashtra and Karnataka. In such a situation, the slaughter
house would rather draw its requirements of cattle from the surrounding
and nearby districts rather than go all the way to far away districts of
Andhra Pradesh State like Srikakulam, Visakhapatnam or for that
matter, Nellore and Anantapur, which an: situated several hundreds
of miles away. The transport of cattle over long distance may induce
G the slaughter house to go in for cattle in the nearby areas, whether
in Andhra Pradesh, Maharashtra or Karnataka - unless, of course, the
cattle are available at far cheaper raks at distant places, which togeth_er
with transport charges would make it more economic for the slaughter
house to bring cattle from far away districts or from far away areas
H in the country. Therdore, taking the entire cattle population of the
-~
AKHIL BHARTGOSEWASANGH v. STATEOFA.P. [TARUN CHATTERJEE, J] 567

Andhra Pradesh State is bound to convey an incorrect picture. Perhaps, A
it would be more appropriate to take into consideration the cattle
population of, what the Krishnan Committee calls, the "hinterland" of
the slaughter house.

In view of the fact that the controversy relating to the establishment
of the slaughter house has been going on over the last several years, B
we think it appropriate that the Central Government should look i.nto
all relevant aspects, as directed by the High Court of Andhra Pradesh
in its judgment dated November 16, 1991, forthwith and record its
opinion before we take a final decision in the matter. The decision of
the Central Government shall be recorded in a reasoned proceeding, C
which, shall be placed before this Court. The further orders to be
passed would depend upon the contents of the report and the material
so placed before us.

We may make it clear that we should not be understood to have
expressed any opinion on the merits of the aspects which the Central D
Government has been directed to consider by the Andhra Pradesh
High Court. Whatever we have said in this judgment is only to indicate
the failure of the Central Government to abide by the said directions
and to record reasons in support of the direction made herein. We
have also not gone into the other questions raised by the learned
counsel for the appellants. They can be considered at a later stage E
after the receipt of the material and the report from the Central
Government." (Emphasis supplied)

. From the above noted observations of this Court in the appeals, we find
that the propriety of the Krishnan Committee report could be considered after
the receipt of the material and report from the Central Government. Therefore, F
it cannot be said that by the aforesaid order of this Court at the intermediary
stage this Court in fact rejected the report of the Krishnan Committee. On the
other hand, it was made clear that such a report can be considered after
submitting of the report of the Central Government in compliance with the
directions made by this Court, as noted herein earlier. In compliance with the G
directions made by this Court in its order, a report was submitted and a further
order in continuance of the order dated 25th October 1994, was also passed
by this Court in the aforesaid appeals reported in Akhil Bharat Goseva Sangh
& Ors. v. State ofA.P. & Ors., [1997] 3 SCC 707. From this order, it appears
that the Central Government had constituted an inter-Ministerial committee
H
568 SUPREME COURT REPORTS [2006] 3 S.C.R.

A headed by the Joint Secretary, Ministry of Food Processing Industry and
three other Members. The committee in its report made the following
conclusions and suggestions:-

(i) With regard to the pollution of air and water the suggestions and
recommendations made by the Krishnan Committee as well as the
B expert opinion contained in it were good and acceptable. The
Government of India in the Ministry of Environment and Forests
have already accepted the same and the steps to implement have
already been taken. The Environment Audit Rep01t along with
the Environmental Management Plan prepared by the Company
were acceptable. However, regular monitoring ofpollution of air
c and water need to be continued by the Company itself as well as
periodic checking by the Andhra Pradesh State Pollution Control
Board. (Emphasis supplied)

(ii) The Krishnan Committee's assumption and apprehensions on
depletion of cattle due to establishment of Mis Al-Kabeer's
D slaughter house are not based on correct scientific analysis and
adequate reasoning, and therefore, are not acceptable. From the
facts and analysis it is obvious that amongst bovine animals, the
project of Mis. Al·Xabeer is to utilize only the unproductive
buffaloes and not cow and its progeny. In fact, adequate number
E of unproductive buffaloes were available for use in the slaughter
house and other slaughter houses in Andhra Pradesh.
(iii) The Krishnan Committee's suggestion of State Government taking
over Mis Al-Kabeer slaughter house for supply of meat for
domestic requirement had gone contrary to the objective of giving
F permission for setting up of abattoir by Mis. Al-Kabeer, as well
as Government of India's programme for increase of export of
meat and meat products. There is, however, need for modernizing
the existing abattoirs in the State for which the State Government
may take appropriate steps separately.

G (iv) The suggestion of Krishnan Committee of the Company
undertaking effective programmes to raise feed cattle for meeting
50% requirement of the abattoir was not practicable and therefore,
not acceptable. However, as per the terms of the licence, the
Company should prepare a plan in consultation with the State
Government and take up its implementation in conjunction with
H
AKHIL BHART GOSEWA SANGH v. STATE OF A.P. [TAR UN CHATTERJEE. J.J 569
the State Government for promoting better animal husbandry A
practices.

Number of petitions were filed by the appellants in the appeals
challenging the report and finally this Court by its order dated 12th March
1997 (reported in 1997 (3) sec 707) made the following observations:
B
"There is good amount of substance in the submissions of the learned
counsel for the appellants. The statistics which constitute the basis of
this Report submitted by the Government of India are not really
relevant to the issue before us. As rightly pointed out by the learned
counsel for the appellants, Al-Kabeer started functioning only in April
1993 and the effects and impact of its functioning will be known only C
if one studies the figures of availability and/or depletion of buffalo
population over a period of one or two years after Al- Kabeer has
started functioning. Merely showing that there has been a marginal
increase in buffalo population between 1987 and 1993 is neither here
nor there. Even if it is assumed that the 1993 figures refer to the D
figures up to September-October 1993, that will take only six months
of working of Al- Kabeer. The proper impact of working of Al-
Kabeer on the depletion of cattle, if any, would be known only if one
takes into consideration the census figures of cattle in Telangana
region or in the areas contiguous to Medak District (where the said
unit is located), as the case may be, after at least two years of working E
of Al-Kabeer. In short, the position ~btaining after April 1995 would
alone give a correct picture. We cannot also reject the contention of
the learned counsel for the appellants that the Government of India's
Report is influenced to a considerable extent by the Report of Shri
Yogi Reddy, the then Director of Animal Husbandry, Government of F
Andhra Pradesh, whose Report has been termed as "unauthorized" by
the Special Secretary to the Government of Andhra Pradesh and thus
disowned by the Government. Even according to the Government of
India's Report, the requirement of Al-Kabeer is 1.5 to 2.0 lakh
buffaloes every year, "':'.hich is not an insubstantial figure. We must
also take into consicleration what the appellants' counsel call the G
inherent contradiction between the standard and quality of beef
required for export and the provisions of the Andhra Pradesh
Prohibition of Cow Slaughter and Animal Preservation Act, 1977 and
the effect of the decisions of this Court, which leave only old and
infirm buffaloes for slaughter. We, therefore, think it appropriate that H
570 SUPREME COURT REPORTS (2006] 3 S.C.R.

A the Government of India should be called upon to send a fresh report
after studying the impact and effect of the working of Al-Kabeer upon
the buffalo population of the Telangana region of Andhra Pradesh
and also of the areas adjacent to Al- Kabeer, two years after the
commencement of the operations by Al-Kabeer. It is not possible for
us to pass any final orders on the basis of the Report now submitted,
B which as stated above, is based upon the statistics/census figures of
cattle population including buffalo population for the period 1987 to
1993. Accordingly, we call upon the Central Government to submit
a fresh report in the light of the observations made herein within six
months."
c In the aforesaid order, an interim order was passed saying that with
effect from !st April 1997 the company shall function at half of the installed
capacity and not its full installed capacity and the appeals were directed to
be listed after 6 months.

D Pursuant to the order of this Court in the year 1997, a report was filed
by the Central Government. In the direction made by this Court in 1997, this
Court observed that the data starting from two years after the functioning of
the Al-Kabeer abattoir (company ) would give the correct picture of its effect
on iive stock population in the surrounding areas and directed the Central
Government to file the same. In the report filed by the Central Government
E data has been analysed through a comparison between a four year period
immediately preceding the operation of the abattoir and four year period
immediately after the functioning of the abattoir i.e. data between 1989-90 to
1992-93 was compared with data between 1993-94 to 1996-97. The data was
compared by averaging the population of four year blocks before and after
p working of the abattoir.

After making the comparison, the following has been reported:

( 1) It is young stock and females over 3 years that had contributed
to the sustenance of buffalo population. The increase in female
and young stock clearly indicates that the functioning of the Al-
G Kabeer Abattoir has not resulted in depletion of buffalo
population in Telangana region. There exists adequate potential
of buffalo population in these areas to sustain the demand from
different sources for the buffaloes including that of Al-Kabeer
abattoir.
H
AKHILBHARTGOSEWA SANGH"· STATE OF A.P. [TARUN CHATTERJEE, J.) 571
(2) Increases in buffalo population, especially in the latest year i.e. A ·
1996-97, do not substantiate any consistent decline in buffalo
population as a result of functioning of the Al-Kabeer abattoir
(company).

(3) Though there is a decrease in cattle population, that may not be
related to the functioning of the Al-Kabccr, as beef from cattle B
is banned from export.

Subsequently, in the year 1999 census data on cattle population of
Andhra Pradesh namely 16th live• stock census was submitted before this
Court. As per the live stock census Cflnducted, t~e total live stock population
in the Andhra Pradesh State was calCulated at 357.87 lakhs in 1999 with an C
increase of 8. 7% over that of 1993 census. This increase was stated to ,be
mainly due to the significant increase in bovine population to the extent of
22%.

On behalf of the appellants, the first question that was raised and not
decided by this Court in its earlier orders but kept to be decided at the final D
stage of the appeals, was whether Al-Kabeer Unit (company) has been
established in violation of location requirement, as mentioned in the LOI of
the Central Government for issuance of industrial licence to it. According to
the appellants, since the location of Al-Kabeer is in violation of location
requirement, as mentioned in the LOI of the Central Government and also the E
prohibition zone imposed by the State Government, and as Al-Kabeer
(Company) is located within 13 K.M. from the urban limit of Hyderabad city,
it must be held that Al-Kabeer (Company) must close down its abattoir. It
was also urged that the Andhra Pradesh Government, having issued a General
Order banning location of industries in Medak District, where the unit of the
Company was located, had wrongly issued permission to the company to run F
its abattoir and in that view of the matter the company must be directed to
shut down its abattoir and the licence issued to it must be cancelled.

This submission was hotly contested by the learned counsel appearing
for Al-Kabeer (Company). We have carefully examined the submissions of the
learned counsel for the parties and also perused the records and the findings G
of the High Court regarding location requirement, as indicated in the LOI of
the Central Government and the General Order of the State Government. In
our view, this submission of the appellants, at this stage, cannot be accepted.
At the outset, we may say that this question was not seriously argued by
the learned counsel of the appellants before us, although in the written H
572 SUPREME COURT REPORTS [2006] 3 S.C.R.

A submissions filed by them, this question was tentatively raised. Since a
submission was made on this account, we feel it appropriate to deal with this
question. Before we deal with this question in detail, we may note that for
the first time in this Court the appellants have alleged the fact that the Al-
Kabeer unit (company) is located within 13 km. from the standard urban limits
B of the city of Hyderabad which falls within the prohibited zone.

Even assuming, distance prohibition would be applicable to the case of
Al-Kabeer (company), we are still of the view that this distance prohibition
may not stand in the way of Al-Kabeer from getting an industrial licence for
the purpose of setting up the abattoir at the site in question. It is an admitted
C fact that in the application for grant of licence, Al-Kabeet (the Company),
had stated the exact location where they wen: going to set up the abattoir,
that is to say in Rudraram Village in the District of Medak of the State of
Andhra Pradesh. When this application was processed by the Central
Government, a thorough enquiry must have been made by it and only thereafter
industrial licence was issued to the Company. It is true that before issuance
D of licence, LOI was issued by the Central Government only wherein, this
location requirement was stated in a printed form. lt is an admitted position
that the Central Government did not make any query from the company
about the distance between Rudraram Village, where the site is located, and
the urban limits of the city of Hyderabad.
E On a bare perusal of Section 11 of the IDR Act, it is evident that no
person or authority shall, after the commencement of the Act, establish any
industrial undertaking except in accordance with the licence issued in that
behalf by the Central Government. That is to say, an embargo has been
imposed on any person or authority to establish any new industrial undertaking
F before obtaining a licence from the Central Government. Subsection 2 of
section 11 however says that a licence or a permission under Sub-section I
to establish a new industrial undertaking may contain such conditions
including condition as to the location of the undertaking as the Central
Government may deem fit to impose in accordance with the Rules. This
subsection 2 of Section 11 empowers the Central Government to impose
G conditions on the person or the authority as to the location of the undertaking.
In our view, subsection 2 of Section 11 of the Act by which conditions can
be imposed as to the location of the undertaking by the Central Government
is only directory and it would be open to the Central Government to issue
licence without giving any conditions to the company as to the location of
H the undertaking. It is significant to note that the legislature in sub-section 2
AKHIL BHART GOSEWA SANGH v. STA TE OF A.P. [TARUN CHATTERJEE, l.] 573

of Section 11 has used the word 'may'. A
By issuing the Industrial licence to the Company, even after knowing
the proposed location· of the unit, it must be said that the Central Government
waived the location requirements, as mentioned in its LOI with regard to this
unit.
B
Economic liberalization was made by the Central Govt. on 25th of July,
1991 and following the said policy, the Government of Andhra Pradesh also
issued a Notification on 3rd F..ebruary 1992 which was issued as a follow up
action of the Notification of the Central Government dated 25th July l 991
under which pennission/license was required for industries located within 25 C
km from the periphery of standard urban area. The Notification dated 3rd
February 1992 of the State Government specified areas which would fall
within or outside 25 km. from the periphery of the standard urban area in
order to enable the entrepreneurs to take appropriate action. According to the
appellants, the company is located within Rudraram village which is a
prohibited zone from the periphery of the city of Hyderabad and therefore the D
company, in terms of the Industrial policy of the State Government, was not
entitled to get an industrial licence to run the slaughter house. Clause (2) of
Paragraph 3 of the Notification specified the list of villages falling within the
prohibited zone for which, location approval from the Central Government
would be necessary except for non-polluting industries such as electronics,
computer software and printing industries. In the present case, the activity of E
the company does not fall in the category of non-polluting industries. However,

-
this notification contains two lists. One list is A and the other is B. List A
specified all the villages within the standard urban area of Hyderabad.
Patancheru which falls within Medak District and is within the computation
of 25 km. from the periphery of the standard urban area of Hyderabad falls F
under list B. Therefore, in terms of the distance there was requirement of
obtaining an industrial licence by virtue of the Notification dated 3rd February
1992 of the State Government. In view of the admitted fact that industrial
licence was granted by the Central Govt. on 11.11.1992 and pennission to
run the slaughter house was also granted by the State Government on the
basis of the Industrial policy of the State Govt. of 3rd February, 1992, we are G
unable to hold that distance prohibition could be considered to be a ground
either for cancellation of the ·industrial licence or for closing down the unit.

Apart from that, we may keep it in mind that in pursuance of the LOI
granted by the Central Government and the various permissions granted by H
574 SUPREME COURT REPORTS [2006] 3 S.C.R.

A the State Government and other authorities, the company commenced
construction of its factory in 1989. It should also keep in mind that before
commencing its construction the following permissions/No Objection
Certificates were taken by the Company:

(a) No Objection Certificate for site clearance from APPCB.
B
(b) No Objection Certificate from the Director of Animal
Husbandry, A.P. -
(c) Letter of Intent from Ministry of Industry, Govt. of India.

(d) Two NOCs. from the Gram Panchayat to locate the factory
c as well as commence construction.

(e) Permission from Medical and Health Department, A.P.

(t) Permission from the Director of Town and Country Planning.

D (g) Permission fro111 Director of Industries, A.P.

(h) NOCs. from National Airport Authority, Hyderabad and
Madras.

(i) NOC from AIR Headquarters, New Delhi.

E It also appears from the record that the Industrial licence was granted
by the Central Government on the strong recommendation of the State
Government. The unit commenced production in April 1993 after dismissal

F
of a batch of Writ Petitions challenging the permissions granted by ·various
authorities to commence production including that of the APPCB. The unit
achieved its full production in December 1993 and since then it is earning
valuable and substantial foreign exchange for our country. Above all, the
-
question on location, as noted herein earlier, was neither raised seriously
before the High Court nor before us. It must also be noted that, in this regard
various State authorities had granted permissions for the abattoir to be
constructed and function at the selected site and production has been continuing
G for the last I 0 to 15 years. That apart, the question on location requirement
is always a question of fact which cannot be permitted to be raised at this
stage before us. However, we keep it open to the Central Government and the
State Government to consider the distance prohibition as indicated in the LOI
and the Notification and General Order of the State Government for the
H purpose of shifting the site to some other alternative place which would
AKHIL BHART GOS EWA SANGH v. STATE OF A.P. [TARUN CHATTERJEE, J.] 57 5
satisfy the location conditions. Subject to the above, this question is answered A
in favour of the Al-Kabeer (company).

The next question that was urged by the learned counsel for the appellant
before us which needs to be decided is whether Al-Kabeer (company) operates
in violation of Environmental Acts and ·Rules. According to the appellants,
no study has been made of the prevailing environment and the impact of Al- B
Kabeer on it. Therefore, it was contended that the precautionary principle has
been ignored by the authority before granting permission to Al-Kabeer to run
the slaughter house.

The learned counsel appearing on behalf of Satyavani in C.A. No. 3967
of 1994 contended that APPC8 by its consent order dated 21st December C
1993 allowed limit for 8.0.D. of 100 mg/Lit. whereas the maximum
permissible limit specified in the Environment Protection Rules, 1986 was 30
mg./Lit (Rule 3, Schedule 1, Entry 508). According to the learned counsel
appearing for Satyavani the limit for suspended solids allowed by APPC8 of
100 mg/Lit was in excess of limit of 50 mg/Lit. allowed in Rule 3, Schedule D
I, Entry 508 of the Environment Protection Rules, 1986. Therefore, it was
contended that the consent of APPCB was in violation of the Act and Rules,
and accordingly it must be quashed. It was also contended on behalf of
Satyavani that since the samples collected on 6th August 1994 from Al-
Kabeer show that its 8.0.D. in fact reached 150 mg/Lit. which was much
beyond the permitted limit of 30 mg./Lit. and its suspended solid discharge E
was recorded at 140 mg/Lit. which was much beyond the permitted 50 mg./
Lit., the question of giving consent to Al-Kabeer by the authorities could not
arise at all as it had clearly violated the maximum permissible limit specified
in the Environment Protection Rules, 1986. Accordingly, permission granted
should be withdrawn. These submissions were strongly disputed by the learned F
counsel for Al-Kabeer (company).

From a careful consideration of the rival submissions of the parties on
the question of environmental pollution, we find that this question was not
seriously argued by the appellants during the course of hearing that the
company had violated the norms under Environment Protection Rules, 1986. G
Thus we may not permit the appellant to raise this question before us.
However, as environmental pollution has now become a public nuisance, we
thought it fit to go into this question and decide the same.

We have carefully examined the rival submissions made before us by
the learned counsel for the parties on the aforesaid question. H
576 SUPREME COURT REPORTS [20061 3 S.C.R.

A From the record it appears that the recommendations regarding
environment made by Krishnan Committee so far as the abattoir is concerned,
were accepted by the Central Government as would be evident from this
Court's order dated 12th March, 1997. It also appears from the record that
Al-Kabeer Company had invested huge amount for installation of elaborate
B anti-pollution equipment, and operates the same with consent obtained from
APPCB. It is true that the standards prescribed by APPCB for Al-Kabeer
while issuing its consent for slaughtering operation to begin, were indeed in
violation of the Environment Protection Rules in so far as they prescribe a
lower standard than was mandated by the aforesaid Rules. Under Rule 3 of
the Rules, the State Boards are pennitted to prescribe higher standards than
C those mentioned in the Rules but are not pennitted to lower the standard.
Considering the fact that the permission to operate the abattoir was granted
by the APPCB, the State Government and also by various authorities of the
State I 0 to 15 years back and considering the fact that Al-Kabeer had installed
elaborate anti-pollution equipment by investing huge amount, we are of the
view that Al-Kabeer must be directed to comply with the Environment
D Protection Rules by lowering down the pollution levels at the abattoir to
permissible limits, rather than to direct closure of the: abattoir of the company.
It also appears that the samples which were collected by the Department of
Water and Waste Water Examination, Institute of Preventive Medicine,
Narayanguda, Hyderabad from Al-Kabeer's abattoir indicated violation of
E the standards prescribed under Environment Protection Rules. Though Al-
Kabeer has installed elaborate anti-pollution equipment, it would be of no
consequence if such equipment is in reality not bringing down the level of
pollution below pennissible limits. However, it cannot be overlooked that Al-
Kabeer is continuing its ope"ration for more than I 0 years without any objection
from the APPCB. Therefore, considering all the circumstances, we are of the
F view that directly ordering closure of Al-Kabeer Abattoir is not called for;
rather directions may be given to APPCB to rectify its consent order in
accordance with the Environment Protection Rules and also to direct Al-
Kabeer to strictly comply with that rectified consent order and Environment
Protection Rules. In the event abattoir fails to comply with such directions
G from the APPCB, it would be open to the authorities to direct closure of the
Al-Kabeer unit. We are taking this view keeping in mind that the appellants
had not seriously argued, during the course of hearing before this Court, that
the company had in fact violated the standards laid down in the Environment
Protection Act and Rules.

H It may also be noted that in the interim judgment dated 12.3.1997
AKHILBHARTGOSEWASANGH v STAl'EOFA.P.[TARUN CHATTERJEE, l.] 577

reported in [1997] 3 sec 707, this Court has noted the conclusions of the A
Central Government Committee in paragraph 2 wherein, it has recorded that
the Committee had accepted the suggestions and recommendations made by
the Krishnan Committee with regard to pollution of air and water. It has also
been noted therein that the Environmental Audit Report and the Environmental
Management Firm Report along with the Environmental Management Plan
prepared by the company are acceptable. A~ already noted hereinearlier, the B
company has installed elaborate anti-pollution equipment, imported as well
as indigenous. The company has been operating only after obtaining consent
from APPCB which is regularly renewed. Insofar as standards for discharge
of effluents from slaughterhouse and meat processing are concerned, the
same is prescribed under Rule 3 read with entry 50-B of Schedul~ I of the C
Environment Protection Rules, 1986. In this connection Entry 50-B (b) of
Schedule 1 of Environment Protection Rules 1986 is relevant as it prescribes
the B.O.D., suspended solids & oil and grease limits. At this juncture it is
also to be noted that Ministry of Environment, Government of India, by its
letter dated 29th May 1995 fixed the standards for Al-Kabeer Exports Pvt.
Ltd. at 100 B.O.D. and 30 B.O.D. for slaughterhouse and meat processing D
respectively. As Al-Kabeer has been operating on the basis of the norms
specified by the Central Government and considering the fact that Al-Kabeer
unit has been operating for more than I 0 years without any objection form
APPCB and keeping in mind the economic policy of the Central Government,
we are of the view that Al-Kabeer may not be, at this stage, directed to stop E
their operation and close the unit. In view of our discussion made hereinbefore,
and as APPCB reserves the right to take action against Al-Kabeer for violation
of the terms and conditions imposed in its permission, it would be open for
AP PCB to direct Al-Kabeer to rectify the level of polluti,on below prescribed
limits and in the event that it is not done they may direct Al-Kabeer to close
down its abattoir. As noted hereinbefore, it is of course true that the prescribed F
limit of pollution by AP PCB was in violation of the Environment Protection
Rules, therefore in our view, directions must be given to APPCB to rectify its
consent order and directions be given by them to the abattoir to comply with
that rectified consent order in accordance with Rule 3 of the Environment
Protection Rules.
G
In this connection, two further questions had arisen in relation to
compliance with environment standards maintained by Al-Kabeer, which were
raised by the appellant Shri Tukkoji, in C.A. Nos. 3964-65 of 1994.

The first question is whether the consent order of the APPCB was H
578 SUPREME COURT REPORTS [2006) 3 S. C.R.

A vitiated because the reports of the analysts were not made available to Shri
Tukkoji prior to the issuance of NOC. Learned counsel appearing for Shri
Tukkoji contended that the consent order was in derogation of the right of
Shri Tukkoji to information in violation of Article 19(1)(a) of the Constitution.
According to Shri Tukkoji, he was not only entitled to receive the reports of
the analysts relating to the effects of the functioning of the abattoir but also
B to tile objections prior to the issuance ofN.O.C. This contention was accepted
by the learned Single Judge of the High Court but was rejected by the Division
Bench. The Division Bench in the impugned judgment observed as follows-

"On a prima facie view of the various provisions of the Water Act
and the con-esponding provisions of the Air Act, in particular the
c provisions of sections 16, 17, 20 and 25 of the Water Act we are not
inclined to hold at this stage that a third party has any right to seek
information or material from the State Board at or before granting
of consent by it under S. 25(3) of the Water Act. It is not as if
aggrieved party is left without a remedy. After consent is granted ... any
D third party who feels aggrieved..... can make a complaint to the Court
of a First Class Magistrate ..... Apart from that the State Board has
ample powers to review its order granting consent by modifying or
revoking any existing condition..... "

(Emphasis supplied)
E
We do not find any reason to disagree with this view of the Division
Bench of the High Court. In this connection, we examined Section 25 of the
Water Act in depth and, in our view, Section 25 of the Water Act does not
confer any right on members of the public to demand information from the
APPCB prior to issuance of NOC. Therefore, it cannot be held, that the NOC
F was vitiated by reason of non-disclosure of information to the appellant Tukkoji
prior to its issuance.

Thus, first question of Shri Tukkoji as argued by his learned counsel
has no merit and it is hereby rejected. The second question raised is whether
G the consent order was.vitiated because the APPCB was improperly constituted.
It was contended on behalf of Shri Tukkoji that APPCB was not validly
constituted and that the Chairman and Member Secretary of APPCB did not
possess the qualifications required under the Water Act, and accordingly the
Board as constituted was not competent to issue consent order. In order to
answer this question it would be beneficial if we reproduce the relevant
H
AKHIL BHARTGOSEWASANGH.v. STATE OF A.P. [TARUN CHATTERJEE, J.] 579
findings of the Division Bench which run as under :- A
"We are not unaware of the contention of counsel for the petitioners
that the Poll•Jtion Control Board did not really consist of scientific
experts, and that in that sense, issue of No Objection Certificate by
that body may not be considered as a result of informed expert
opinion. That brush can as well paint the opinion of Shri H.K. Babu, B
Secretary, Food and Agriculture, as also that of Shri R.V. Krishnan,
Secretary, Energy, Forest, Environment, Science and Technology in
the same hues. We are informed tiuit some, at least, of the members
of the Pollution Control Board was renowned scientists ...."

It is true that Section 4(2)(a) of the Water Act requires the Chairman C
of the APPCB to be 'a person having special knowledge or practical experience
in respect of matters relating to environmental protection or a person having
knowledge and experience in administering institutions dealing with matters
aforesaid, to be nominated by the State Government'.

Section 4(2)(f) of the Act requires the Member Secretary to possess
D
"qualifications, knowledge and experience of scientific, engineering or
management aspects of pollution control."

From the record, it appears that at the relevant time the Chairman and
the Member Secretary of the APPCB did not possess these statutorily required E
qualifications. The observation of the High Court in the judgment that some
of the members of the AP PCB were scientific experts, does not address this
specific breach of the statutory requirement. In this connection, we, however,
need to look into the provisions under Section 11 of the Water Act, which
provides in terms that "No act or proceeding of a Board or any committee
thereof shall be called in question on the ground merely of the existence of F
any vacancy in or any defect in the constitution of, the Board or such
committee, as the case may be." Therefore, applying Section 11 of the Act
which clearly provides that no act or proceeding of APPCB or any committee
thereof shall be called in question, it can safely be concluded that even if
there was some defect in the composition of the APPCB, that would not G
invalidate the consent order issued by it.

Let us now come back to the most important question that needs to be
decided in these appeals, which is about the issue of cattle depletion due to
functioning of the Al-Kabeer abattoir. On this question, the appellant in C.A.
No.3966/1994 advanced the following submissions :- H
580 SUPREME COURT REPORTS [2006) 3 S. C.R.

A (a) Since the Al-Kabeer project involves slaughtering of
prohibited cattle, which can be statistically shown to be
inevitable, and is also evidenced on video the Govt. has a
constitutional duty under the second part of Art.48 of the
Constitution to prevent such slaughter as well as a duty to
enforce the A.P. Preservation of Cow Slaughter and Animal
B Preservation Act, 1977.

(b) The slaughter rate of Al-Kabeer exceeds the renewal rate as
would be evident from the reports submitted by the authorities
before the High Court as well as before this Court.

C The appellant Satyavani in C.A. 3967/1994 made the following
submissions:

(a) The report of the Central Govt. submitted on 12.9.1997 was
misleading, because it had averaged, and then compared the
figures for buffalo population in the four years before and after
D Al-Kabeer was set up, which disguises the fact that a decline in
buffalo population had occurred subsequent to this setup. Further,
the same persons responsible for preparing the earlier Govt. report
of 1994- which was held to be misleading by this Court in its
order dated 12.3.1997- were again involved in preparation of
E this report.
(b) The abattoir stopped taking animals from its hinterland subsequent
to the Court's order of 12.3.1997, and instead began importing
animals from other States. Thus, the figures of 2003 Livestock
Census are not relevant to the issue at hand, and the effect of the
F abattoir on buffalo depletion can only be judged on the basis of
statistics of approximately two years after its commencement-
as observed by this Court in its order dated 25.10.1994. Further,
the 2003 Census itself shows a decrease in buffalo population
in adjoining States of Karnataka and Maharashtra, from 1999
to 2003- indicating the effect the abattoir has had, through its
G importation of buffaloes from these States. Moreover, the figures
in the 2003 Livestock Census show abnormal and unrealistic
grO\yth of cattle population in districts of AP, which can not be
accepted.

H
(c) The subsequent report of the Central Govt. dated 23.12.2003 itself
vindicates the claim that cattle depletion has occurred due to Al-
-
AKHILBHARTGOSEWASANGH "· STATEOFA.P. [TARUN CHATTERJEE, J.] 581

Kabeer's operations. A
(d) This depletion is not in relation to old and useless cattle, as Al-
Kabeer necessarily must slaughter useful animals, for export, as
pointed out by the Krishnan Committee Report. There are also
no sufficient number of useless animals to meet its requirement
of 1.5 to 2 lakh buffaloes per year, as is evident from the figures B
of successive census carried out by the Andhra Pradesh
Directorate of Economics and Statistics. Further, the monitoring
of Al-Kabeer, for compliance with the Andhra Pradesh Animal
Preservation Act, is not effective, as reported by Dr. Jitcndra
Reddy, Special Officer, Govt. of A.P. Such unrestricted C
slaughtering of useful animals will worsen the already existing
dung shortage in Andhra Pradesh.

The appellant Akhil Bharat Goseva Sangh in C.A. No. 3968/1994 made
the following submissions:

(a) The Central Govt. report on buffalo population, as well as the D
16th Quinquennial census figures ( 1999) of the Bureau of
Economics and Statistics contains gross inconsistencies.

(b) The census was not carried out comprehensively, nor does it
provide figures as to slaughter of buffaloes above I0 years, which
are still useful. E
(c) The 17th Quinquennial census (2003) is only provisional in nature,
and does not categorize cattle based on age and use- hence it
cannot be relied on by the Central Government.

(d) The census figures of 1999 and 2003 indicate growth rates which
F
are inconsistent with the extent of cattle slaughter.

(e) Al-Kabeer cannot claim that it has a fundamental freedom to
conducnrtrade or business which violates the Fundamental Duty
1*rucle
in' 5 fA(g) of the Constitution to have compassion for
, !wing creatures, and is also destructive of the environment- this
G
follows from the rule of harmonious construction.

(f) In any case, the freedom in Article 19(1 )(g) of the Constitution
cannot be permitted to be exercised if it is not in the interests of
the general public. The siaughter of livestock in response to
., export demand creates acute scarcity of animals which will increase
prices of milk, ghee, meat and other products. Further, such
H
582 SUPREME COURT REPORTS [2006) 3 S.C.R.

A export-oriented slaughter-houses induce owners of animals to
sell them despite their utility as milch or draught cattle. Depletion
of cattle wealth also leads to loss of benefits from dung output
of cattle, which is its most useful contribution. The AI- Kabeer
project also leads to a net loss of employment, as more than one
lakh persons are employed in activities in relation to cattle, besides
B depriving the nation of the benefits of live cattle. These effects
constitute violation of Art. 21 of the Constitution.
(g) The Al-Kabeer project is operating in violation of various State
animal preservation laws, as it has stated that it imports 70 percent
of its buffalo requirement from other States, as well as the
c Prevention of Cruelty to Animals Act, 1960.
(h) Al-Kabeer cannot rely on the 1958 Quareshi's judgment, as that
case concerned the rights of individual butchers, not businesses
setup to earn profits from export. Moreover, the crux of that
judgment, striking down the total ban on slaughter of old cattle,
D was scarcity of fodder resources-which no longer exists. Finally,
the concept of 'usefulness' of cattle was placed before the Court
in 1958 in only a narrow sense (milk, breeding and draught
services) and the utility of dung was not considered.

All these submissions of the appellants, as noted hereinbefore, were
E
contested by Al-Kabeer in C.A. No. 3967 of 1994 and made the following
reply: --

(a) The appellants had relied on a Central Govt. report dated
23 .12.2003, which is based on 1999 census figures, to prove
F cattle depletion. But in fact, this report indicates increase in
buffalo population in Andhra Pradesh, despite operation of
the Al- Kabeer project.

(b) There are sufficient number of useless buffaloes to meet Al-
Kabeer's capacity, if figures over a year, and not simply a
G given day, are taken into account. In one year, 9.4 lakh
useless buffaloes are available in Andhra Pradesh, much
more than the requirement of Al-Kabeer. ..
(c) The appellants had mistakenly inferred that useful buffaloes
are being slaughtered by Al-Kabeer but the report shows
H that, since milk production has increased along with meat
AKHILBHARTGOSEWASANGH v. STATEOFA.P. [TARUN CHATTERJEE, J.] 583

export, therefore young and productive animals are not being A
slaughtered.

Further Al-Kabeer in C.A. No. 3968/1994 made the following reply :-

(a) The compliance by Al-Kabeer with the Andhra Pradesh Animal
Preservation Act is monitored by the ofticials deputed by the B
Director, Animal Husbandry.
(b) The report of the Expert Committee of the Central Govt. filed on
15.9.1997, pursuant to the order of this Court dated 12.3.1997,
concluded that there would be no depletion effect on livestock in
Andhra Pradesh, as a result of continuance of Al-Kabeer in full C
capacity. The method used in the report of relying on cattle
population figures in block periods of four years before and after
commencement of operations of Al-Kabeer was justified. The
16th and 17th Quinquennial Census figures also indicate that
there has been an increase in the buffalo population in Telangana
region, not a decline. Although reports have been challenged by D
the appellant, but it has now become a settled law that the findings
made in such reports are not open to challenge unless it is shown
that such findings are perverse, arbitrary and any prudent person
cannot reach to such findings.

The respondent APEDA (Agricultural and Processed Food Exports E
Development Authority) in C.A. No. 3968/1994 supported the case of abattoir
and in support thereof made the following submissions :

(a) The appellants tiad not even made the case that Al-Kabeer is
violating any of the conditions imposed on it for slaughter of
buffalo. F
(b) The claim of the appellants that cattle population is declining on
account of Al- Kabeer's operation is based on a wrong approach,
because the issue is not whether the total population is decreasing
or not, but whether the population of healthy livestock is
decreasing. The census figures confirm that there has been no G
such depletion due to Al-Kabeer's operation.

As noted hereinearlier, we have not only carefully examined the Krishnan
Committee report but also the other reports submitted by the Central
Government in pursuance of the directions made by this Court in its earlier
H
584 SUPREME COURT REPORTS [2006] 3 S.C.R.

A orders in 1994 and 1997. On cattle depletion the Krishnan Committee noted
that the operation of Al-Kabeer would adversely affect the cattle population
in and around the region unless 50% of the demand of the abattoir was met
through breeding of cattle by Al-Kabeer itself. Before we go into this question
we may note that the A.P. Act was enacted in the year 1977 (Act 11 of 1977).
By this Act, the Legislature has regulated the slaughter of all bovine animals
B including buffaloes. Under section 6(1) no animal is allowed to be slaughtered
unless a certificate in writing from the competent authority is obtained
certifying that the animal is fit for slaughter. Sub-section (2) of Section 6 of
the Act prohibits slaughtering of animals unless the competent authority grants
a certificate in respect of an animal that it is not likely to become economical
C for the purpose of breeding, milching or draught. After carefully reading the
conditions for obtaining a permission from the competent authority to slaughter
an animal, we find that slaughtering an animal requires the following:

(a) Only old and useless buffaloes can be slaughtered.
(b) Buffaloes fit for milching, breeding or draught cannot be
D slaughtered.
(c) Cow and its progeny including calves of cows and calves of
buffaloes cannot be slaughtered.

In order to see whether those conditions are fulfilled by Al-Kabeer, the
E Director, Animal Husbandry of State of Andhra Pradesh has deputed necessary
officials of the rank of Veterinary Asstt. Surgeons to the plant of the company
to monitor and undertake anti-mortem and post-mortem examinations and to
implement the provisions of the Act.

As noted hereinearlier, in the interim direction made by this Court in
F these appeals on 12th March I997 [ 1997] 3 sec 707 ' this Court directed the
Central Govt. to give a report after studying the impact and effect of the
working of Al-Kabeer upon the buffalo population of the Telangana Region
of Andhra Pradesh and also of the areas adjacent to Al-Kabeer, two years
after the commencement of the operations by Al-Kabeer. The Central
G Government in pursuance of the said direction made on 12th March 1997 filed
a fresh report on 15th September 1997. From a reading of the said report, it
appears to us that the expert committee of the Central Govt. had examined all
issues, as directed by this Court in its judgment dated 12th March 1997. This
considered opinion in the said report is as under:

H
AKHILBHARTGOSEWASANGH ,,_STATEOFA.P.[TARUN CHATTERJEE, J.] 585

"on the examination of all observations mentioned in the judgment A
dated 12.3,1997 the committee is of the opinion that there would not
be any depletion effect on live stock population particularly bujfaloe,
sheep and goat in Medak and contiguous districts, Telangana region
or in the State of Andhra Pradesh as a result of continuance of Al-
Kabeer at the full capacity utilization." (Emphasis supplied).
B
In support of this report the State Govt. also filed an affidavit on 15th
November 1997 (See page 17 of the counter affidavit of Al-Kabeer Exports
to IA No.10-14/1997) wherein the State Government noted that the report
of the Central Govt. was based on the relevant data and the conclusions
reached by the expert committee in its report were not improper. In paragraph C
20 of the said affidavit, it has been stated that the State Govt had deputed
five veterinary Asstt. Surgeons to supervise the slaughtering work at the site
of Al-Kabeer and only thereafter the State Govt. issued anti-mortem and
post-mortem certificates. From the record, it is also evident that the Central
Govt. had filed yet another report prepared by an Expert committee along
with an affidavit dated 6th July 1998 , This affidavit and report were filed D
pursuant to the order passed by this Court on 13th April 1998 directing the
Central Govt. and the state of Andhra Pradesh to file affidavits not only
responding to the appellant's application for modification but also with regard
to the cattle population of Andhra Pradesh in general and Telangana zone in
particular. The report states as follows:
E
"The increase is much higher in Telangana region as compared to
Andhra & Rayalaseema during the four year period of Al-Kabeer
working and this has clearly indicated that Al-Kabeer working has no
adverse impact on the buffalo population in Telangana region on in
Medal area where the abattoir is located."
F
The detailed report at yet another place states:

"A comparison of the estimated population of buffaloes in milk
during the four year period before working of Al-Kabeer abattoir and
after working of Al-Kabeer abattoir indicates that similar to milch
buffaloes, population of buffaloes in milk also increased during the G
four year period after working of Al-Kabeer abattoir. The increase is
23 .40 percent in Medak and contiguous districts, 24.33 percent in
Telangana and 17 .17 percent in Andhra & Rayalaseema. An overall
.....
~
increase of 19.61 percent in the Andhra Pradesh State is observed.
H
586 SUPREME COURT REPORTS [2006) 3 S.C.R.

A This clearly indicates that productive buffaloes are not slaughtered in
Al-Kabeer abattoir as stated by the appellant and there would not be
depletion of buffalo population as a result of Al-Kabeer functioning."

In conclusion the report states:

B From the above it could be inferred that Al-Kabeer working at
full capacity does not result in buffalo population either in any area
of Andhra Pradesh or in the country.... "

(Emphasis supplied )

C On behalf of the appellant, it was argued that in the Central Govt. report
figures/statistics were misleading inasmuch as it had taken an average of four
years before the commencement of operations of Al-Kabeer and again of four
year figures after the commencement of operations by Al-Kabeer. According
to the appellants, the correct way was to see the figures immediately preceding
the start of operations by Al-Kabeer and thereafter to see the figures two
D years after commencement of operation of Al-Kabeer. In our view, this
submission is fallacious and cannot be accepted. The committee of the Central
Govt. has correctly taken the figures of a block period of four years before
commencement of operations and again figures of a block period of four years
after commencement of operations by Al-Kabeer. This is in view of the fact
E that statistics/figures of one particular year cannot represent or give a proper
picture as the number of animals/buffaloes/cattle can very well vary due to
natural calamities large scale migration in view of urbanization etc. We do not
find any thing to say that the committee of the Central Govt. had gone wrong
by proceeding on that basis and it was justified to take a block period of four
years which would certainly indicate the trend or show whether there was any
F steep or persistent decline after the commencement of operations of Al-
Kabeer. We must not forget that this Court has also seen that there is no
sharp decline or consistent reduction in the number of useful buffaloes year
after year after the commencement of operations of Al-Kabeer. The figures/
statistics as given by the Central Govt. in its report dated 15.9.1997 as well
G as the 16th Quinquennial and 17th Quinquennial Census would clearly indicate
that there is an increase in the number of buffaloes and there is no reduction
or decline much less a steep decline in the number of buffaloes in the
Telangana region, as argued by the appellant. The district-wise comparison
for Telangana between the census of 1999 and 2003 as would be evident from
the report is as follows :
H
AKHIL BHART GOSEWA SANGH ...STATE OF A.P. [TAR UN CHATTERJEE, J l 587
~-

District 16th Census 1999 17th Census 2003 A

Mahaboobnagar 360749 356269 (-)
·'t
Rangareddy 211044 272342 (+)

Hyderabad 8870 31400(+) B
Medak 313988 367350 (+)

Nizamabad 267846 333989 (+)

Adilabad 208823 301014 (+) c
Karimnagar 448896 441361 (-)
,.
Warangal 438324 486779(+)

Khhammam 498537 565810 (+)
D
Nalgonda 622827
592271 (-)

PERCENTAGE VARIATION
E
Year A.P. State Telangana Region

1999 census (over +5.3% +4.6%

1993 census
...
, 2003 census (over + 10.35% + 10.91% F
...
1999 census

The appellant sought to challenge the veracity and correctness of the
figures given in the report of the Central Govt as well as in the Quinquennial
census. In our view, this submission is devoid of merit It is now well-settled
G
by various decisions of this Court that the findings of expert bodies in
technical and scientific matters would not ordinarily be interfered with by
courts in the exercise of their power under Art. 226 of the Constitution or by
this Court under Art.136 or 32 of the Constitution. For this proposition,
reliance can be placed on the decision of this Court in the case Systopic
laboratories (Pvt) ltd. v. Dr. Prem Gupta.& Ors., [1994] Suppl. I SCC 160. H
588 SUPREME COURT REPORTS [2006) 3 S.C.R.

A whether the findings of expert body in technical and scientific matters can be
interfered with by the Court either under Art. 226 or by this Court under Art.
32 or 136 of the Constitution. Paragraph 19 is re-produced below:

"Having considered the submissions made by the learned counsel for '
the petitioners and the learned Additional Solicitor General in this
B regard, we must express our inability to make an assessment about
the relative merits of the various studies and reports which have been
placed before us. Such an evaluation is required to be done by the
Central Government while exercising its powers under section 26-A
of the Act on the basis of expert advice and the Act makes provision
C for obtaining such advice th10ugh the Board and the DCC.

(Emphasis supplied)

Para 20 is as follows:--

"The learned counsel for the petitioners have urged that these
D studies and reports had been submitted on behalf of the petitioners
and other manufacturers before the Sub-Committee of the DCC as
well as the Experts Committee but there has been no proper
consideration of the same by the experts as well as the DCC and the
Board. In this context, it has been submitted that no medical expert
in the field of clinical medicine in the treatment of asthma was
E
associated in the committees and such experts alone could make a
proper evaluation of the said studies. We find no substance in this
contention. We have pursued the minutes of the meetings of the
Board, the Sub-Committee of the DCC as well as the Experts
Committee. The minutes show that the material that was submitted
F on behalf of the manufacturers of the drugs in question was examined
by the members and it is not possible to hold that there has been no
proper consideration of the said material by the Experts Committee
or the Suq-Committee of the DCC The complaint t!Jat experts in
clinical medicine were not associated with the Committee does not
appear to be justified. The minutes of the meetings of the experts to
G consider the views of the affected manufacturers, who represented
against the proposed withdrawal of certain formulations moving in the
market, which were held on September 8, 1987, October 16/17, 1987
and January 15/16, 1989 show that among the members were included
Dr. O.D. Gulati, Dean, CAM Medical College, Karansad and Dr. J.P.
H Wali, Assistant Professor of Medicine, AIIMS, New Delhi, Dr. M.
AKHIL BHARTGOSJ:WASANGH ••.STATE OF AP. [TARUN CHATTERJEE. J.] 589
Durairaj Consultant, Cardiologist, Director of Cardiology, Poona A
Hospital and Research Centre, Pune was also member of the Sub-
Committee and had attended the meeting held on January 15/J 6,
1988. It cannot, therefore, be said that the medical experts in clinical
medicine were not associated in the Experts Committee for evaluation
of the material that was furnished by the manufacturers."( Emphasis B
supplied )

Similar is the view expressed by this Court in K. Vasudevan Nair & Ors.
v. UO.I. & Ors., [1991] Supp. 2 SCC 134. We have in detail noticed the report
of the Krishnan Committee and its recommendations in the earlier part of this
judgment. In our view, Krishnan Committee has also not recommended closure C
of the unit because of cattle depletion but on the other hand suggested some
measures that may be taken to minimize cattle depletion.

For the reasons aforesaid and in view of the discussions made
hereinabove and after considering the reports submitted by the committee of
the Central Govt. and the 16th and 17th Quinquennial census and report of D
the Krishnan Committee , we do not find any reason to show our concern that
the functioning of Al-Kabeer abattoir would result in depletion of buffalo
population in the Hinterland of the abattoir.

Before concluding this issue, let us deal with Submission No. (h) made E
by Akhil Bharat Goseva Sangh in C.A.No.3968 of 1994. On behalf of Akhil
Bharat Goseva Sangh in Submission No.(h) it was urged that the decision in
Mohd.Hanif Quareshi & Ors. v. The State of Bihar, [1959] SCR 629, would
not help Al-Kabeer in any way as the position at present is completely different.
In that decision, total ban on slaughter of old cattle was struck down on the
ground that there was scarcity of fodder resources, which however, according F
to the Akhil Bharat Goseva Sangh, does not exist any longer. In the case of
State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat and Ors., reported
in [2005] 8 sec 534, it has also been held that in view of the position that
exists now i.e. adequate availability of cattle feed resources, the question of
striking down total ban on slaughter of old cattle for scarcity of fodder G
resources would not arise at all. In our view, this position cannot be disputed.
However, in the present case, we are concerned with the A.P. Act, 1977 which
does not impose a total ban on slaughter of a particular type bovine animal,
whereas in Mirzapur 's case (Supra) this Court dealt with the provisions of
Bombay Animal Preservation (Gujarat Amendment) Act, 1994 which imposes H
a total ban on slaughter of'cow and its progeny. So far as the A.P. Act, 1977
590 SUPREME COURT REPORTS [2006] 3 S.C.P...

A is concerned, there is no total ban on slaughter of buffaloes. Therefore, in our
view, this submission of the Akhil Bharat Goseva Sangh cannot at all be
accepted, as we are not concerned with the case of striking down a particular
provision which imposes an absolute prohibition of slaughter of particular
types of bovine animals. In Mirzapur case, it was, however, not held that
B permitting slaughter of bovine cattle by itself is unconstitutional. This being
the position, we are not in agreement with the learned counsel for the appellant
that Submission No.(h) can come to their assistance for the purpose of
banning of slaughter of buffaloes by Al-Kabeer.

The last question which was agitated by Akhil Bharat Goseva Sangh
C (C.A. No. 3968/1994 ) but not agitated by the other appellants in the other
appeals was whether the policy of the Central Govt. to promote export of
meat violates constitutional provisions. According to the appellant, the policy
of the Govt. to encourage slaughter for export is subject to judicial review as
policies which violate constitutional provisions are reviewable. This policy
D violates Art. 39(b) and (c) of the Constitution as it serves to concentrate
profits from cattle wealth in a few hands. It was further submitted by Akhil
Bharat Goseva Sangh that not only this policy violates Art. 47 of the
Constitution as it leads to malnutrition but also Art. 48 which contains a
positive command to the State to preserve and improve breeds and prohibit
slaughter of milch and draught cattle regardless of their usefulness. The
E learned counsel has also contended that this policy also violates Art. 21 by
depriving the society of the useful benefits of animals. It was further submitted
that the A.P. Act, I977 does not mention any specific age limit under which
cattle slaughter is prohibited and therefore the determination of healthy and
useful cattle is subjective and with a scope of maneuverability. Although no
F provision of the aforesaid Act prescribes the age of any slaughterable buffalo
but the A.P. animal husbandry manual prescribes the age of slaughterable
buffaloes as above 10 years. According to this appellant, these buffaloes are
useful even till 15-20 years. Lastly, it was submitted that the agencies of the
State Government also recommended ban on export of meat and such being
G the position this Court may strike down the policy of the Central Govt. so far
as the meat export policy is concerned. This submission of the appellant was
contested by the learned counsel for the respondents, in particular, the
learned Advocate for APEDA in C.A. No. 3968/1994. In our view, as the
policies taken by the Central Govt. and APEDA, which is a creation of the
Parliament for promotion of export and product development of scheduled
H products, the question of striking down of the policy cannot arise. However,
AKHILBHARTGOSEWASANGH "· STATEOFA.P [TARUN CHATTERJEE, J.) 591
it will be always open to the Court to direct the Central Govt. or the State A
Government to renew or review its policy and to make a fresh policy at any
time if they find it to be expedient to do so. As noted herein earlier, APEDA
is a statutory authority created by an Act of Parliament for promotion of
export and product development of scheduled products. "Scheduled Product"
has been defined in section 2(i) of the Act which means any of the agricultural
or processed food products included in the Schedule. Item No.2 to the B
Schedule of the Act of 1985 mandates that APED A shall promote export and
development of scheduled products. It is the consistent policy of the
Government of India to encourage export of meat and meat products, as
would be evident from the following:

Export of buffalo meat is on the OGL list.
c
(i) Government of India in its Directive has stressed export of meat
and meat products as thrust area.
(ii) Current "Foreign Trade Policy" encourage export of meat. It
provides for export of meat of buffalo provided it is accompanied D
by a certificate from the designated veterinary authority to the
effect that meat or offal are from buffalo not used for breeding
and milching purposes.

It appears that the certificates that are to be or already issued was in
conformity with the decision of the Constitution Bench's judgment in Mohd. E
Hanif Qureshi's case repo1ted in [1959] SCR 629. It is the case of the
Government as well as the abattoir that only those buffaloes which are unfit
for milching, breeding and draught were permitted to be slaughtered and are
being slaughtered. We have already discussed the decline of cattle population
because of the operation of Al-Kabeer in this judgment hereinbefore. In F
Mohd. Han if Qureshi 's case reported in [1959] SCR 629 the issue was not
whether the population of live· stock was increasing or not but whether the
population of healthy live stock was increasing. Although it was sought to
be argued by the appellant that due to slaughter of buffaloes by Al-Kabeer,
the population of healthy buffaloes was declining even then in view of our
discussion made hereinearlier, it must be confirmed that there is no depletion G
of cattle/buffalo wealth due to operation of Al-Kabeer. Apart from that, it
appears from the record that Al-Kabeer slaughterhouse was built in accordance
with European Economic Community Standards and is one of the most modem,
scientific, integrated slaughterhouses in India with an installed capacity of
15000 MT. If in any way Al-Kabeer is directed to close down their factory the H
592 SUPREME COURT REPORTS [2006) 3 S.C.R.

A said action on the part of the Central Government would be to discourage
private entrepreneurs to invest in the meat industry which will affect the
reputation of India in the export market of meat. As we have already noted,
the interim direction given by this Court on 12th March 1997 by which the
production of Al-Kabeer was reduced to 50 %, the total export of meat from
India, which is about 1,70,000 MT., did not reduce. For the reasons aforesaid,
B we are unable to direct at this stage to strike down the policy regarding meat
export from India to foreign countries. We are of the view that the policy of
the Central Government cannot be easily struck down only because there was
slight decline of cattle growth nor it can be struck down before looking into
the entire aspect of the matter. It is also well settled that policy decision of
C the Government cannot be interfered with or struck down merely on certain
factual disputes in the matter. It is not open to the Court to strike down such
decision until and unless a serious and grave error is found on the part of the
Central Government or the State Government. Such being the position, we
are unable to strike down this meat export policy of the Central Government,
as in our view, it does not violate the constitutional provisions. That apart,
D the question regarding constitutionality as mentioned above was not argued
before the High Court seriously. Accordingly, this submission of Akhil Bharat
Goseva Sangh is hereby rejected.

Apart from that, from the discussion made hereinabove, we find that it
E is also the consistent policy of the Government of India to encourage export
of meat and meat products. The current foreign trade policy also encourages
export of meat provided that a designated veterinary authority certifies that
it is not obtained from buffalo used for breeding and milching purposes. It
is true that in the Constitution Bench decision of this Court in the case of
State of Gujarat v. Mirzapur, reported in [2005] 8 SCC 534 it has been held
F that the protection envisaged under Art.48 extended even to cattle that had
ceased to be milch or draught, provided they fall within the category of milch
and draught cattle. In State of Gujarat v. Mirzapur (supra) it has also been
held that cattle forms the backbone of Indian agriculture and they remain
useful throughout their lives. While dealing with Art. 48 and 48-A of the
G Constitution read with the fundamental rights, the ConstitutiOM Bench furthf~
held that both directive principles and fundamental duties must be--keJ't in
mind while assessing the reasonableness of legal restrictions placed upon
fundamental rights. However, striking down a law cir policy on the ground
that it violates a directive principle or fundamental duty was not an issue
before the Constitution Bench of this Court in the case of State of Gujarat
H v. Mir:.apur (supra). It is true that in the aforesaid Constitution Bench decision
AKHILBHARTGOSEWASANGH v. STATE OF A.P. [TARUN CHATTERJEE, l.] 593
it has been held that total prohibition of cow and cow progeny slaughter may A
be justified. However, it has not been held in that decision that laws and
policies which permit such slaughter are unconstitutional. Therefore, the
position of law remains that the directive principles and fundamental duties
cannot in themselves serve to invalidate a legislation or a policy. Moreover,
the export policy itself permits only export of meat from buffaloes that are
certified as not useful for milching, breeding or draught purposes. Therefore, B
if properly implemented, it cannot be said that the policy will necessarily
have adverse consequences, especially in view of the foreign exchange
obtained through it. Accordingly, we are unable to accede to the argument of.
the learned counsel for the appellant that the meat export policy, as made by
the Central Government must to be struck down. C
For the reasons aforesaid, we are of the view that meat export policy
need not be struck down subject to constant review by the Central Government
in the light of its potentially harmful effects on the economy of the country.

In view of our discussion made hereinabove and for the reasons stated D
hereinearlier we are of the view that these appeals can be disposed off by
giving the following directions:-

I. The APPCB is hereby directed to rectify its consent order given
to Al-Kabeer following Rule 3 read with Schedule I, Entry 50-
B of the Environmental Protection Rules, 1986. In the event E
abattoir. fails to comply with such rectified consent order of the
APPCB, it would be open to the authorities to direct closure of
the Al-Kabeer unit.
2. The APPCB is directed to file reports before the State Government
as well as Central Governmerit relating to compliance with the F
pollution standards by Al-Kabeer specified under its consent
order in compliance with the Environmental Protection Rules,
1986, once in every three months.
3. The Company is directed to regularly monitor pollution of air and
water by its abattoir. It is further directed to file a report of its G
compliance with the Environmental laws, particularly, the
Environmental Protection Rules, 1986, before the APPCB every
month.
4. Al-Kabeer is directed to file reports before the State Government
on cattle population in its surrounding areas once every year. H
594 SUPREME COURT REPORTS (2006] 3 S.C.R.

A The State Government shall examine the correctness of the said
report and thereafter take appropriate action.
5. The State Government is directed to monitor regularly and strictly
in respect of Al Kabeer's compliance with all applicable laws,
particularly the provisions of the Andhra Pradesh Prohibition of
B Cow Slaughter and Animal Preservation Act, 1977, once every
three months and to obtain reports on the same and thereafter to
take necessary action for their proper implementation.

c
6. The Company is directed to prepare a plan in consultation with
the State Government and take up its implementation in
conjunction with the State Government for promoting better
animal husbandry practices within the next three months. The
-
State Government is directed to take all the necessary steps for
this purpose.
7. Modernizing the existing abattoirs in the state is advisable and in
D that regard the State Government may take steps that it considers
necessary.
8. Finally, the Central Govt. is directed to review the meat export
policy, in the light of the Directive Principles of State Policy
under the Constitution of India. and also in the light of the policy's
potentially harmful effects on livestock population, and therefore
E
on the economy of the country.

However, we keep it open to the Central Government and the State
Government to consider the distance prohibitions as indicated in the LOI, the
Notifications and General Order of the State Government and in the event,
the Central Government or the State Government comes to the conclusion
F
that the abattoir cannot be permitted to run their business at the site in
question, in that case, the Central Government or the State Government, as
the case may be, shall be entitled to proceed in accordance with law.

Considering the facts and circumstances of the case, and in view of the
G fact that this Court by an interim order granted stay of the operation of the
direction of the High Court for initiating a prosecution of Dr. Kishan Rao
(Appe!lant in C.A. No. 3966/1994 ) under section 195 of the Code of Criminal
Procedure read with Section I 91 of the Indian Penal Code, we do not find
any reason to proceed with _this prosecution against Dr. Kishan Rao any
further.
H
AKHIL BHART GOSEWA SANGH ''-STATE OF A.P. [TARUN CHATTERJEE, !.] 595
In view of the disposal of appeals by this common judgment, all A
Interlocutory Applications and Contempt Petition pending, if any, shall also
stand disposed of.

There will be no order as to costs.

Jn Civil Appeal Nos. 4711-4713 of 1998: B
Although these three appeals being C.A. Nos. 4 711-4 713 of 1998
(Umesh & Ors. v. Karnataka & Ors.) were heard along with C.A. Nos. 3964-
68 of 1994, it was thought fit to deliver the judgment in C.A. Nos. 4711-4713
of 1998 separately, as the questions involved in these appeals were not in
issue in C.A. Nos. 3964-68of1994. Accordingly, the judgment in these three C
appeals which involved common questions of law and fact is being delivered
in the following manner:-

Before the Karnataka High Court, two writ pet1t10ns being W.P.
Nos.32999-33000/1995 were filed by one N. Umesh and Hindu Jagarana
Vedike. Another Writ Petition being Writ Petition No. 3121711992 was filed D
in the same High Court by Smt. Sarojini ]\1uthanna and H. Mangalamba Rao
and others. In the Writ Petitions bearing W.P. Nos. 32999 of 1995 and W.P.
No. 33000 of 1995 filed by Umesh and Hindu Jagaran Vedike, the following
reliefs were sought :
E
(I) A writ in the nature of Mandamus commanding the respondents to
strictly enforce the provisions of sections 4, 8, 9, 10, II and 18 of the Mysore
Prevention of. Cow Slaughter and Cattle Preservation Act, 1964 (in short "the
1964 Act") iti. Chamarajnagar Taluk of Mysore District and also to direct State
Government to establish institutions for taking care of cows and other animals
in accordance with the aforesaid provisions of the Act at the earliest. F
(2) Declare section 5 of the 1964 Act as void and ultra-vires the spirit
of the Directive Principles of the Constitution Act.37 and 48 and violative of
Arts. 25 and 26 of the Constitution.

(3) Declare partial prohibition of slaughter of bovine cattle under 1964 G
Act as violative of Arts. 14, 15, 21, 25 and 26 of the Constitution ..

(4) Issue a writ of total prohibition of slaughter of bovine cattle in the
· whole of Karnataka.
... Practically, the same reliefs were claimed by Sarojini Muthanna and H
596 SUPREME COURT REPORTS [2006) 3 S.C.R.

A Mangalamba Rao in W.P. No. 31217of1992. However, W.P. No. 31217 of1992
relates to Kodagu and Coorg districts of Karnataka.

After exchange of affidavits and after hearing the learned counsel for
the parties all the three Writ Petitions were rejected by the High Court by a
common judgment dated 16th March 1998. Against this judgment the present
B appeals have been preferred by the appellai;its which were admitted by this
Court on grant of special leave and heard in presence of the learned counsel
for the respective parties.

The relevant facts which arc required to be taken into consideration in
C deciding these appeals are enumerated below.
The three Writ Petitions filed in the High Court were in the nature of
Public Interest Litigations and the petitioners were prosecuting the Writ
Petitions before the Court in representative capacity.

The first appellant herein is an honourary Animal Welfare Officer of
D the Animal Board of India. Second appellant herein i.e. Hindu Jagarana Vedikc
is an organization which is working to uphold Hindu values and is interested
in protecting sanctity of "cow". The third appellant herein is a native of
Kodagu district and belongs to Kodava community of Hindus. The fourth
appellant herein is a practicing Advocate and resident of Bangalore city.
E
In the erstwhile State of Coorg which now forms part of Karnataka
State there had been a total prohibitiori'of slaughter of cows and its progeny
since slaughtering·· or killing of cows and calves or bullocks or oxen was
considered an unpardonable sin and was considered as being opposed to
sentiments, customs and religious beliefs of the natives of Coorg called
F 'Kodavas'. Further all these religious sentiments had for long received statutory
protection and had been followed before the reorganization of the State under
the States Reorganization Act of 1956.

In the erstwhile State of Mysore, the Mysore Prevention of Cows
Slaughter Act 1948 prohibited slaughter of cows, bulls, bullocks, buffaloes
G and calves in order to conserve cattle wealth of the State. In 1964, after the
merger of the former State of Coorg with the State of Mysore, a new enactment,
namely, the Mysore Prevention of Cow Slaughter and Cattle Preservation Act
1964 ( in short'" 1964 Act"), which repealed the 1948 Act, modified the animal
slaughter laws in the State to the following effect :
-
AKH!LBHARTGOSEWASANGH v. STATEOFA.P. [TARUN CHATTERJEE, J.] 597

(1) Slaughter of cows and calves of she buffaloes was totally prohibited A
(section 4)

(2) Other bovine animals namely bulls, bullocks, buffaloes could be
slaughtered after obtaining a certificate in writing from the competent authority
that the animal is fit for slaughter i.e. it is above the age of 12 years or that
the animal has become permanently incapacitated for breeding, draught or. B
milch purposes due to injuries, deformities or any other cause. (Section 5)

Under Sec. 18 of the 1964 Act the State Government has the authority
to establish or direct establishment of institutions to take care of cows and
other animals.
c
Before us, the following questions had cropped up for decision:

1. Whether the High Court erred in dismissing the petitions all-together
after holding that the State Government must strictly implement the provisions
of the 1964 Act?
D
2. Whether the view taken by this Court in Mohd. Hanif Quareshi v.
State of Bihar [1959] SCR 629 regarding implementation of Art. 48 directive
principle vis-a-vis fundamental right guaranteed requires modification in the
light of larger bench decision in Keshavananda Bharti Case [1973] 4 SCC
225 and the subsequent decisions of this Court?
E
3. Whether the terms in Art. 48 are wide enough to include all categories
of bovine cattle?

4. Whether section 5 of the 1964 Act is unconstitutional in so far as it
does not impose a total prohibition of slaughter of bovine cattle and whether F
a writ must be issued directing the State to prohibit slaughter of all bovine
cattle in the State of Karnataka?

Before we decide these questions, we may keep in mind the findings
arrived at by the High Court of Karnataka in the impugned judgment.
G
As noted herein earlier, we find from the reliefs claimed in all the three
aforesaid Writ Petitions, a prayer was made seeking a writ in the nature of
Mandamus commanding the respondents to strictly enforce the provisions of
Sections 4, 8 to 11 and 18 of the 1964 Act in Chamarajnagar Taluk of Mysore
District, Coorg District, Kodagu District and also to direct the State Government
to establish institutions for taking care of cows and other animals in accordance H
598 SUPREME COURT REPORTS [20061 3 S.C.R.
A with the aforesaid provisions of the Act at the earliest.
In paragraph 8, the High Court concluded in the impugned order on
this relief in favour of the appellants and found that " it is needless to state
that the Government and its officers are required to strictly enforce and
implement the provisions of the Act". (Emphasis supplied). That being the
B conclusion made by the High Court in the body of the judgment, in respect
of Question No. I, we feel it proper at this stage to direct the State Government
and its instrumentalities to strictly enforce and implement the provisions of
Sections 4, 8 to 11 and 18 of the 1964 Act without going into this question
in detail. It is needless to state that statutory provision> are required to be
C strictly complied with and therefore it is the duty of th<.! State authorities to
comply with the aforesaid provisions of the 1964 Act. In this view of the
matter, Question No. I as framed herein earlier is decided in favour of the
appellants by directing the State Government and other State authorities to
strictly enforce and implement the provisions of Sections 4, 8 to 11 and 18
of the 1964 Act.
D
Even though this conclusion was arrived at by the High Court in favour
of the appellants, ultimate decision, however, went against them i.e. Writ
Petitions were dismissed in their entirety.

Let us now deal with the second issue raised by the appellants before
E us. According to the appellants, the view taken in Mohd. Hanif Quareshi &
Ors. v. State of Bihar. [1959] SCR 629 decision vis-a-vis relationship between
Directive Principles and Fundamental Rights requires modification in the
light of the decision in the case of Kesavananda Bharathi v. State of Kera/a,
[1973) 4 SCC 225) and subsequent decisions. We need not deal with this
F aspect of the matter in detail in view of the recent decision of this Court in
the case of State of Gujarat v. Mirzapur, [2005] 8 SCC 534. The decision of
this Court in the _i:ase of Mohd. Han if Quareshi & Ors. v. State of Bihar [ 1959]
SCR 629 has now been over-ruled on this point by the Constitution Bench
decision of this Court in Mirzapur case. Therefore, this question is decided
in favour of the appellants. In Mohd. Hanif Quareshi & Qrs. v. State of Bihar,
G (1959) SCR 629 the contention that a law enacted to give effect to Directive
Principles cannot be held to be violative of fundamental rights was rejected
on the ground that :

"a harmonious interpretation has to be placed upon the Constitution
and so interpreted it means that the State should certainly implement
H the directive principles but it must do so in such a way that its laws
AKHILBHARTGOSEWASANGH v. STATE OF A.P. [TARUN CHATTERJEE,!.] 599

do not take away or' abridge the fundamental rights, for otherwise the A
protecting provisions of Chapter III will be "a mere rope of sand".

(Emphasis supplied).

This view was, however, not accepted in the aforesaid Constitution
Bench decision in the case of State of Gujarat v. Mirzapur, [2005] 8 SCC 534. B
The Constitution Bench noted that after the decision in Kesavananda
Bharathi v. State of Kera/a, (1973] 4 SCC 225 the position is :

"A restriction placed on any fundamental right aimed at securing
Directive Principles will be held as reasonable and hence intra vires
subject to two /imitations : first that it does not run in clear conflict C
with the fundamental right, and secondly that it has been enacted
within the legislative competence of the enacting legislature under
Part XI Chapter I of the Constitution. " (Emphasis supplied )

In Paragraph 22 of the decision in the case of State of Gujarat v.
Mirzapur, it has beeri held as follows: D
"The restrictions which can be placed on the rights listed in Article
19(1) are not subject only to Articles 19(2) to 19(6); the provisions
contained in the Chapter on Directive Principles of State Policy can
also be pressed into service and relied on for the purpose of adjudging
the reasonability of restrictions placed on the fundamental E
rights."(Emphasis supplied).

Further, in the case of State of Gujarat vs. Mirzapur, so far as Arts. 48,
48-A and also Art. 51-A(g) are conceme~ the following· was held:

"It is thus clear that faced with the question of testing the F
constitutional validity of any statutory provision or an executive act,
or for testing the reasonableness of any restriction cast by law on the
exercise of any fundamental right by way of regulation, control or
prohibition, the Directive Principles of State Policy and Fundamental
Duties as enshrined in Art. 51-A of the Constitution play a significant G
role. The decision in Quareshi-1 in which the relevant provisions of
the three impugned legislations were struck down on the singular
ground of lack of reasonability, would have been decided otherwise
if only Art. 48 was assigned its full and correct meaning and due
weightage was given thereto and Arts. 48-A and 51-A(g) were available
in the body of the Constitution." (Emphasis supplied) H
600 SUPREME COURT REPORTS (2006] 3 S.C.R.

A In view of the aforesaid admitte~ position in law, we therefore hold the
question No.2, as framed, must be decided in favour of the appellants. This
question, even though decided in favour of the appellants would not materially
affect the decision of this appeal.

The third question which concerns interpretation of Art. 48 of the
B Constitution shall now be dealt with.
In 1958 Quareshi 's case it was held that:

"the protection recommended by this part of the directive is, in
our opinion, confined only to cows and calves and to those animals
c which are presently or potentially capable of yielding milk or of
doing work as draught cattle but does not, from the very nature of the
purpose for which it is obviously recommended, extend to cattle which
at one time were milch or draught cattle but which have ceased to be
such." (Emphasis supplied).
D But in the case of State of Gujarat v. Mirzapur this position was over-
ruled and it has been held that:

"'In our opinion, the expression 'milch or draught cattle' as
employed in Article 48 of the Constitution is a description of a
classification or species of cattle as distinct from cattle which by their
E nature are not milch or draught and the said words do not include
milch or draught cattle, which on account of age or disability, cease
to be functional for those purposes either temporarily or permanently.
The said wcrds take colour from the preceding words "cows or calves".
A specie of cattle which is milch or draught for a number of years
F during its span of life is to be included within the said expression. On
ceasing to be milch or draught it cannot be pulled out from the
category of 'other milch and draught cattle." (Emphasis supplied).

Such being the position and in view of the Constitution Bench decision
as aforesaid, it can no longer be held that the protection recommended by this
G part of the directive under Art. 48 of the Constitution can be said to be
confined only to cows and calves and those animals which are presently
capable of yielding milk or of doing work as draught cattle. The aforesaid
Constitution Bench decision has clarified that the protection under Art. 48 of
the Constitution also extends to cattle which at one time were milch or
H draught but which have ceased to be such. A submission was made by the
AKHILBHARTGOSEWASANGH v. STATEOFA.P. [TARUN CHATTERJEE, J.] 601
learned counsel for the parties on the usefulness of cattle. In ·1958 Quareshi 's A
case it was held that cattle becomes useless after a certain age which is for
the Legislature to determine and thereafter their maintenance is a burden on
the economy of the country. This position has also been negatived by the
decision of the Constitution Bench in the aforesaid case, and it has been he Id
by this Court as follows:
B
"We have found that bulls and bullocks do not become useless
merely by crossing a particular age ..... The increasing adoption of non-
. conventional energy sources like Bio-gas plants justify the need for
bulls and bullocks to live their full life inspite of their having ceased
to be useful for the purpose of breeding and draught."
(Emphasis supplied )
c
Following the aforesaid findings and on the basis of the findings that
our economy has adequate cattle feed resources and alternative sources of
nutrition, in the case of State of Gujarat v. Mirzapur, it was held as under:

"The Legislature has correctly appreciated the needs of its own
D
people and recorded the same in the Preamble of the impugned
enactment and the Statement of Objects and Reasons appended to it.
In the light of the materiai available in abundance before us, there is
no escape from the conclusion that the protection conferred by
impugned enactment on cow progeny is needed in the interest of E
Nation's economy. Merely because it may cause 'inconvenience' or
some 'dislocation' to the butchers, restriction imposed by the impugned
enactment does not cease to be in the interest of the general public.
The former must yield to the latter." (Emphasis supplied)

Therefore, in our view, the interpretation of Art. 48 of the Constitution F
has now been widened and "milch and draught cattle" include cattle which
have become pennanently incapacitated to be used for milch and draught
purposes. Hence, this question is decided in favour of the appellants. Though,
this question has been decided in favour of the appellants, it does not make
any material difference to the final decision of this case. It is the decision on G
the next issue i.e. issue No.4 that will have impact on final directions to be
issued in this case.

Let us come to issue No.4, i.e. whether section 5 of the 1964 Act is
unconstitutional in so far as it does not impose a total prohibition on slaughter
of bovine cattle and whether a writ of mandamus must be issued to the State H
602 SUPREME COURT REPORTS [2006) 3 S.C.R.

A Government to impose a total ban on slaughter of bovine cattle in the State
of Kamataka?
-
In State of Gujarat v. Mirzapur the impugned Act therein, provided for
prohibition on slaughter of certain types of cattle. The Constitution Bench of
this Court in that case held such a legislation to be constitutional in the light
B of the finding that the legislation was in furtherance of the directive in Art.
48 of the Constitution and any enactment which furthers the cause in the
directive principles of State Policy cannot be held to be unconstitutional. It
was, however, not held that permitting slaughter of bovine cattle by itself is
unconstitutional. In the case at hand, section 5 of the 1964 Act does not
C provide for a total prohibition on slat.1ghter of bovine cattle. That being the
case, declaring section 5 of the 1964 Act as unconstitutional and directing the
State Government to impose a total ban on slaughter of bovine cattle, as
requested by the appellants, would lead to judicial legislation and would
encroach upon the powers of the Legislature. Therefore, the prayer of the
appellants in issue No.4 to issue a writ to the State Government to totally
D prohibit slaughter of bovine cattle is rejected.
In view of our discussions made hereinabove, even though the Mirzapur
decision supports the submission of the appellants on the questions Nos.2
and 3, the issuance of writ of Mandamus to compel total prohibition of cattle
slaughter would only amount to judicial legislation and would encroach upon
E the powers of the Karnataka Legislature, as held by the High Court, which,
in our view, was the right approach made by it. That being the position, we
are of the view that the question of declaring total ban on slaughter of cattle
cannot be permitted and section 5 of the Act cannot be said to be ultra vires
of the Constitution. For the reasons aforesaid, the appeals are allowed in part,
F i.e. to the extent of directing the State Government to strictly enforce and
implement the provisions of Sections 4, 8-11 and 18 of the 1964 Act and take
action on any violations thereof. Further, it is directed that the State Government
maintain proper institutions for providing care and protection to cattle in the
light of section 18 of the 1964 Act.

G There will be no order as to costs.
S.K.S. CA.Nos. 3964-3968/1994 disposed of and
CA. Nos. 4711 to4713/1998.