PANCHAYAT QURESHIAN AND ANOTHERversusSTATE OF RAJASTHAN AND OTHERS

                 [2023] 12 S.C.R. 271 : 2023 INSC 841



                            CASE DETAILS

            PANCHAYAT QURESHIAN AND ANOTHER
                                     v.
               STATE OF RAJASTHAN AND OTHERS
                 (Civil Appeal Nos. 1538-1539 of 2008)
                         SEPTEMBER 13, 2023
          [DR DHANANJAYA Y CHANDRACHUD, CJI.,
           PAMIDIGHANTAM SRI NARASIMHA AND
                   MANOJ MISRA, JJ.]
                             HEADNOTES
     Issue for consideration: Whether the closure of the slaughter house
was effected after following due process of law.
      Water (Prevention and Control of Pollution) Act 1974 – Permanent
Lok Adalat directed the Municipal Board to close down the slaughter
house for violation of rules and regulations, causing pollution in the
area – SPCB issued directions u/s. 33A of the 1974 Act for closure of the
slaughter house – Order of Permanent Lok Adalat challenged in writ
petition – Writ petition dismissed by the High Court:
      Held: On 21.11.2003, the Supreme Court stayed the order of the High
Court – On 24.01.2004, during the course of an inspection by the State Board,
it was found that the slaughter house did not have arrangements for treatment
and disposal of effluents and the waste water was being discharged without
treatment – In 2005, State Board approved the scheme for treatment of the
trade effluent – Commissioner was asked to intimate the action taken for
the construction of an effluent treatment plant – However, on 03.01.2008,
it was found that the effluent treatment plant was incomplete, as a result of
which the trade effluent was not being properly treated – On 20.02.2008,
the Supreme Court modified its interim order of stay by permitting the
SPCB to take action against the polluting slaughter house in terms of the
statute – Thereafter, directions were issued u/s. 33A by the State Board to
the Commissioner to close down the operation of the slaughter house – The
issue as to whether the Permanent Lok Adalat had the jurisdiction to direct
                                    271
272          SUPREME COURT REPORTS                         [2023] 12 S.C.R.


closure of the slaughter house has since been overtaken by subsequent
events – The SPCB has exercised its statutory powers u/s. 33A after
finding, upon inspection, that the waste generated from the slaughter house
was being discharged without adequate treatment resulting in a violation
of the applicable pollution parameters – In writ petition, a direction
was sought to provide water to the water treatment plant and to stop the
illegal slaughter on the streets in the city of Tonk – The petitioners in the
writ petition cannot be oblivious of the fact that the slaughter house was
closed as a result of the failure to meet the prescribed pollution parameters
and since the waste which was generated from its operation was being
discharged without proper treatment – The closure is not in pursuance of
the direction of the Lok Adalat, but in exercise of the statutory jurisdiction
of the Rajasthan Pollution Control Board – The petitioners are not entitled
to any relief since the closure of the slaughter house has been effected after
following due process of law in terms of the statutory powers conferred
on the Pollution Control Board u/s. 33 A of the Water Pollution Act 1974.
[Paras 5, 6, 7, 8, 10, 11 and 12]
       OTHER CASE DETAILS INCLUDING IMPUGNED
              ORDER AND APPEARANCES
     CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1538-1539
of 2008.
     From the Judgment and Order dated 15.10.2003 of the High Court of
Rajasthan at Jaipur in SBCWP Nos.2823 and 2776 of 2003.
      With
      Writ Petition (Civil) No. 358 of 2011.
      Appearances:
    Saahil Gupta, Saeed Qadri, Lakshmi Raman Singh, Advs. for the
Appellants.
     Ms. Aishwarya Bhati, A.S.G., Dr. Manish Singhvi, Sr. Adv., V. K.
Verma, Dr. Sushil Balwada, Kaushal Yadav, Nandlal Kumar Mishra, Srilok
Nath Rath, Ms. Reena Rao, Dr. Ajay Kumar, Ms. Shubhangi Agarwal, Apurv
S., Milind Kumar, Ashok Kumar Singh, Ansar Ahmad Chaudhary, Irshad
Ahmad, S.K. Verma, Mahesh Kasana, Ms. Aparna Rohatgi Jain, Gurmeet
    PANCHAYAT QURESHIAN AND ANOTHER v. STATE OF RAJASTHAN                 273
                        AND OTHERS


Singh Makker, Ms. Ruchi Kohli, Chinmayee Chandra, Ms. Swarupama
Chaturvedi, P.V. Yogeswaran, Mukul Singh, Advs. for the Respondents.
         JUDGMENT/ORDER OF THE SUPREME COURT
                                   JUDGMENT
       DR DHANANJAYA Y CHANDRACHUD, CJI
     1. The appeals1 arise from a judgment and order dated 15 October 2003
of a Division Bench at the Jaipur Bench of the High Court of Judicature
for Rajasthan. In addition, there is a writ petition2 under Article 32 of the
Constitution which has been heard with the civil appeals.
       2. The underlying facts are thus:
      An application was submitted before the Permanent Lok Adalat
at Tonk, Rajasthan by the Sarva Seva Sansthan stating that a slaughter
house situated in proximity to National Highway No 12 was conducting
its activities in violation of rules and regulations, causing pollution in the
area. On 2 April 2003, the Permanent Lok Adalat directed the Municipal
Board Tonk to close down the slaughter house within a month. The District
Collector and the Rajasthan Pollution Control Board were directed to ensure
compliance.
     3. The State Pollution Control Board3 issued directions under Section
33A of the Water (Prevention and Control of Pollution) Act 1974 4 for the
closure of the slaughter house on the ground that it did not have consent to
operate and for absence of an authorization under the Bio-Medical Waste
(Management and Handling) Rules 1988.
     4. The order of the Permanent Lok Adalat was challenged by Panchayat
Qureshian in a writ petition5 before the Rajasthan High Court under Article
226 of the Constitution. The High Court dismissed the petition by an order
dated 15 October 2003.



1    Civil Appeal Nos 1538-1539 of 2008
2    Writ Petition (Civil) No 358 of 2011
3    “SPCB”
4    “Act of 1974”
5    SB Civil Writ Petition No 2823 of 2003
274          SUPREME COURT REPORTS                          [2023] 12 S.C.R.


      5. A Special Leave Petition was instituted before this Court under
Article 136 of the Constitution for challenging the order of the High Court.
On 21 November 2003, this Court stayed the order of the High Court. On
24 January 2004, during the course of an inspection by the State Board, it
was found that the slaughter house did not have arrangements for treatment
and disposal of effluents and the waste water was being discharged without
treatment. Samples were collected during the course of the inspection of the
trade effluent. The observed values were found to be in breach of permissible
limits prescribed under Schedule VI of the Environment (Protection) Rules
1986.
       6. On 27 April 2004, the State Board informed the Commissioner of
the Municipal Council that the slaughter house had not made arrangements
for treatment and disposal of effluents generated and the waste was being
discharged without treatment. The Commissioner was directed to submit a
feasibility report. On 13 September 2004, the Commissioner of the Municipal
Council submitted an application for consent to operate under Sections
25/26 of the Act of 1974. On 21 September 2004, the Commissioner was
called upon to show cause why the application for obtaining consent should
not be refused. The State Board refused the application for consent by an
order dated 2 November 2004 on the ground that the Commissioner had
failed to respond to the notice to show cause. The Commissioner thereafter
submitted an application on 9 March 2005 for obtaining consent to operate
under Sections 25/26 of the Act of 1974. On 2 May 2005, the State Board
directed the Commissioner to submit certain information. Pursuant to it, the
Commissioner responded on 6 June 2005. On 25 June 2005, the State Board
approved the scheme for treatment of the trade effluent subject to the condition
that the prescribed norms would be achieved and proper arrangements would
be made to utilize the treated water.
      7. On 8 July 2005, the Commissioner requested the State Board to
approve the design of the effluent treatment plant for the treatment of the trade
effluent. On 11 August 2005, the State Board informed the Commissioner
that it had already approved the scheme presented by the Commissioner.
The Commissioner was however asked to intimate the action taken for the
construction of an effluent treatment plant. Another inspection was conducted
on 30 November 2005 following which the State Board by its letter dated 30
 PANCHAYAT QURESHIAN AND ANOTHER v. STATE OF RAJASTHAN                    275
     AND OTHERS [DR DHANANJAYA Y CHANDRACHUD, CJI]


January 2006 refused consent to the slaughter house on the ground that the
entire effluent/waste water was being discharged on the nearby land without
treatment. On 13 September 2007, an inspection was carried out which
revealed that the effluent treatment plant was incomplete and that untreated
waste water was being discharged. Samples were collected during the course
of the inspection indicating that the trade effluent was beyond the prescribed
polluting parameters. This was brought to the notice of the Commissioner of
the Municipal Council on 27 October 2007. On 3 January 2008, it was found
that the effluent treatment plant was incomplete, as a result of which the trade
effluent was not being properly treated.
      8. On 20 February 2008, this Court modified its interim order of stay by
permitting the SPCB to take action against the polluting slaughter house in
terms of the statute. On 29 March 2008, directions were issued under Section
33A by the State Board to the Commissioner to close down the operation of
the slaughter house. On 17 September 2010, while hearing an interlocutory
application filed by the Panchayat Qureshian, this Court clarified that the
interim order would not come in the way of either the Municipal Council or
the Pollution Control Board taking action in accordance with law if there is
a violation.
     9. On 16 November 2011, an inspection was carried out by the State
Board during the course of which the representative of the Municipal
Council stated that the slaughter house had been closed on 13 March 2008
in compliance of the order of the State Board under Section 33A dated 29
March 2008.
       10. The narration of facts would indicate that the civil appeals arose
from the judgment of the Rajasthan High Court dismissing a writ petition
which challenged the order of the Permanent Lok Adalat directing closure
of the slaughter house. The principal ground of challenge was that the
Permanent Lok Adalat would have no jurisdiction to order a closure. During
the pendency of the appeals, the order of the Rajasthan High Court was
initially stayed. However, subsequently the order of stay was modified by
permitting the statutory authority to take action in accordance with law.
The issue as to whether the Permanent Lok Adalat had the jurisdiction to
direct closure of the slaughter house has since been overtaken by subsequent
events. The SPCB has exercised its statutory powers under Section 33A after
276            SUPREME COURT REPORTS                             [2023] 12 S.C.R.


finding, upon inspection, that the waste generated from the slaughter house
was being discharged without adequate treatment resulting in a violation of
the applicable pollution parameters. As a consequence of the directions, the
slaughter house was directed to be closed and upon inspection it was found
to have been closed.
      11. A writ petition under Article 32 of the Constitution has been filed
in the above backdrop seeking a direction to the State of Rajasthan and
the Municipal Board of Tonk, the State Pollution Control Board and other
authorities to discharge their statutory duties under Schedule XII of the
Constitution and Section 98 of the Rajasthan Municipality Act 1959. A
direction has been sought to the respondents to provide water to the water
treatment plant and to stop the illegal slaughter on the streets in the city of Tonk.
       12. The writ petition under Article 32 of the Constitution cannot obviate
the findings which have been arrived at by the statutory board in the exercise of
its jurisdiction under Section 33A of the Act of 1974. The petitioners in the writ
petition cannot be oblivious of the fact that the slaughter house was closed as
a result of the failure to meet the prescribed pollution parameters and since the
waste which was generated from its operation was being discharged without
proper treatment. The basis of the appeals which question the jurisdiction of
the Lok Adalat, directing a closure has since been overtaken by the subsequent
developments in terms of which the slaughter house has been closed. The
closure is not in pursuance of the direction of the Lok Adalat, but in exercise
of the statutory jurisdiction of the Rajasthan Pollution Control Board.
      13. For the reasons which have been indicated above, the petitioners
are not entitled to any relief since the closure of the slaughter house has been
effected after following due process of law in terms of the statutory powers
conferred on the Pollution Control Board under Section 33 A of the Water
Pollution Act 1974.
     14. The civil appeals and the writ petition shall accordingly stand
dismissed for the reasons recorded above.
      15. Pending applications, if any, stand disposed of.


Headnotes prepared by:                              Appeals and writ petition dismissed.
Ankit Gyan