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Madhya Pradesh HC overturns Municipal Council’s denial of slaughterhouse permit, rejects ‘religious city’ argument [Read Order]

By Saket Sourav      26 December, 2024 04:05 AM      0 Comments
Madhya Pradesh HC overturns Municipal Council’s denial of slaughterhouse permit, rejects ‘religious city’ argument

Madhya Pradesh: The Madhya Pradesh High Court at Indore has delivered a significant judgment overturning a municipal order that denied permission for establishing a slaughterhouse in Mandsaur city, emphasizing that religious considerations cannot override legal provisions.

MP High Court Rules Against Municipal Council on Slaughterhouse Permit

Justice Pranay Verma addressed the case of Sabir Hussain, who challenged the Chief Municipal Officer’s order refusing to grant a No Objection Certificate (NOC) for buffalo slaughter and meat trading in Mandsaur. 

The court noted that the Municipal Council’s stance shifted during proceedings, with their initial rejection citing pending government approval for the location, but later claiming Mandsaur’s status as a religious city in their court filing.

Legal vs Religious Debate: Court Orders NOC for Mandsaur Slaughterhouse

Addressing this inconsistency, the court observed: “The reason as has been taken in the return that Mandsaur is a religious city hence permission for establishment of a slaughterhouse cannot be given is wholly unacceptable. At no point of time has such a stand ever been taken by respondent No.3.”

The court emphasized that while a 2011 government notification had declared a 100-meter radius as a sacred area, “Only for issuance of such a notification the entire city cannot be considered to be a sacred area.”

Rejecting the municipality’s reliance on police recommendations, the court stated that these were “based upon consideration of the situation of law and order and not upon consideration of any provisions of the Municipalities Act.”

The court directed the Municipal Council to issue a No Objection Certificate to the petitioner for establishing a slaughterhouse, subject to obtaining necessary environmental clearances under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and other applicable laws.

For the petitioner: Shri Makbool Ahmad Mansoori

For the respondents: Shri Veer Kumar Jain, Senior Advocate with Ms. Vaishali Jain
Case title: Sabir Hussain v. The State of Madhya Pradesh and Others

[Read Order]



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Saket is a final-year law student at The National Law University and Judicial Academy, Assam. He has...Read more

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