MP High Court’s Important Verdict On Slaughterhouse Permit In Mandsaur City
The Madhya Pradesh High Court has ruled that denying permission for the establishment of a slaughterhouse on the grounds that a city is religious—as in the case of Mandsaur—is entirely unacceptable. This judgment, delivered by Justice Pranay Verma, emphasises that a State Government notification under the MP Municipalities Act, 1961, declaring a 100-metre radius as a sacred area, does not render the entire city sacred.
The Court directed the Municipal Council of Mandsaur to issue a No Objection Certificate (NOC) to Sabir Hussain, who sought permission to establish a slaughterhouse for buffalo slaughter and meat trading. This decision came after the petitioner challenged a denial by the Chief Municipal Officer of Mandsaur, who refused the NOC on the basis that Mandsaur is a religious city.
Case Background
Sabir Hussain had applied for an NOC under Section 264 of the MP Municipalities Act, 1961, arguing that the 2011 State Government notification designated only a 100-metre radius as a sacred area, thereby permitting a slaughterhouse beyond that zone. However, the Municipal Council rejected his application, citing ongoing procedures to identify suitable land for a modern slaughterhouse.
The petitioner referred to a 2017 High Court judgment that allowed the establishment of a temporary slaughterhouse until a modern one was set up. Hussain contended that similar directions should apply in his case.
The Municipal Council argued that issuing an NOC or licence is discretionary and asserted that granting permission would offend the religious sentiments of Mandsaur’s citizens. They also cited concerns raised by the City Superintendent of Police and the Officer-in-Charge of City Kotwali, Mandsaur, about potential law and order issues.
Court Observations
The High Court rejected the Council’s argument, stating that the entire city cannot be deemed sacred based on the 2011 notification. It criticised the reliance on police recommendations, noting these were grounded in law-and-order concerns rather than legal provisions under the Municipalities Act.
Justice Verma observed that the Council’s ongoing process of identifying a location for a slaughterhouse did not exempt it from its responsibility to issue an NOC. The Court directed the Council to grant the NOC, provided the petitioner obtains necessary consents under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.
The judgment underscores the principle that administrative decisions must align with legal provisions and not be swayed by subjective interpretations of religious sentiment. The petition was allowed.
(This article is based on a report by Live Law.)
