Akhil Bharat Goseva Sangh Vs. State of
Andhra Pradesh & Ors [1997] INSC 286 (12 March 1997)
B.P. JEEVAN REDDY, SUHAS C. SEN
ACT:
HEADNOTE:
B.P. JEEVAN REDDY, J.
This order may be read in continuation of our
order dated October 25, 1994. By the order aforesaid, we had requested the
Central Government to look into all relevant aspects as directed by the High
Court of Andhra Pradesh in it judgment dated November 16, 1991 and to record
its opinion with reasons. They said, record was directed to be placed before
this Court for consideration for passing of further orders.
The Central Government is said to have
constituted an inter-ministerial committee headed by Sri C.K. Basu, Joint
Secretary, Ministry of Food Processing Industries. The Committee comprised
three other members, viz., Sri Shyam Lal, Director, Ministry of Environment and
of Animal Husbandry and Dairying, Ministry of Agriculture and Dr. G.S. Singh,
Deputy Commissioner, Ministry of food processing industries. The said Committee
has submitted a Report, Paragraph 11 whereof states its conclusions in the
following words:
"11. CONCLUSIONS In the light of the
foregoing discussions, the Committee is of the opinion that:
(i) with regard to the pollution of air and
water the suggestions and recommendations made by the Krishnan recommendations
made by the Krishnan Committee as well as the expert opinion contained in it
are good and are 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 long with the Environmental Management Firm Report along with
the Environmental Management Plan prepared by the company are acceptable.
However, regular monitoring of pollution of air and water need to be continued
by the company itself as well as checking by the Andhra Pradesh State Pollution
Control Board.
(ii) the Krishnan Committee's assumption and
apprehensions in depletion of cattle due to establishment of M/s Al Kabeer's
slaughter house are not based on correct scientific analysis and adequate
reasoning, and therefore, are not acceptable. From the facts and analysis in
the foregoing paras it is obvious that amongst the bovine animals, the project
of M/s Al Kabeer is to utilise only the unproductive buffaloes and and cow &
its progeny. In fact, adequate number of unproductive buffaloes are and will be
available for the use in this slaughter house and other slaughter houses in
Andhra Pradesh.
(iii) the krishnan committee's suggestion of
State Government taking over the M/s Al Kabeer slaughter house for supply of
meat for domestic requirement goes contrary to the objective of giving
permission for setting up of abattoir by M/s. Al Kabeer, as well as Government
of India's programme for increase of export to meat and meat products. There
is, however, need for modernising the existing abattoirs in the State for which
the State Government may take appropriate steps separately.
(iv) the suggestion of Krishnan Committee of
company undertaking effective programmes to raise feed cattle for meeting 50%
requirements of the abattoir is not practicable and therefore, is not
acceptable.
However, as per the terms of license, the
company should 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." The appellants have filed a
number of objections to the said report. We shall briefly deal with the main
objections:
(i) In Paragraph 10.11 of the Report,
reliance is placed upon 15th quienquennial live-stock Census 1993 prepared by
the Directorate of Economics and Statistics, Government of Andhra Pradesh
[Annexure VI to the Report]. [According to the learned counsel for the Central
Government, the said report reflects the position upto September-October,
1993.] According to the Report, the buffalo population has increased by 4.28
percent between 1987 and 1993. In other words, the buffalo population has risen
from 87.57 lakhs to 91.32 lakhs. The increase is thus 0.7 percent per annum approximately.
these figures are misleading because Al- kabeer has commenced its operation
only in April, 1993 and the requirement of Al-Kabeer is 1.8 lakhs buffaloes per
annum. If the requirements of Al-Kabeer is taken into consideration, there will
be a substantial depletion of buffalo population as a result of the working of
Al-kabeer.
(2) The aforesaid Census Report further shows
that the population of male buffaloes of over three years has shown a decline
of 29 percent between 1987 and 1993 though the female buffaloes has shown a
rising trend of seven to twelve percent. The population of male buffaloes over
three years has also shown a substantial decline ranging from twenty four
percent of forty four percent. The only increase is in the buffaloes in milk.
The above figures taken in conjunction with the annual intake of buffaloes of
Al-Kabeer would establish that the working of Al-Kabeer would cause serious
depletion of buffalo population in the Telengana region of Andhra Pradesh and
other adjoining areas in general. Besides, all the facts and figures which
constitute the basis of the said Report are the facts and figures taken upto
1993. These do not and cannot represent the correct state of affairs because
Al-Kabeer started functioning only in April, 1993. Only it one studies the
facts and figures relating to 1994 and/or subsequent years, could he be able to
assess the impact of the working of Al-Kabeer on the cattle wealth of the area
concerned.
(3) The Report further shows that between
April, 1993 and December, 1994, 29.3% of animals required by Al-Kabeer have
been procured from other States whereas 40.2% came from Telengana region, 12.3%
from Rayalseema region and 7.13% from the coastal areas of Andhra Pradesh. At
the same time, the committee says that inasmuch as the buffalo populations a
whole [which includes those in milk] has increased in Telengana region by
eleven percent between 1987 and 1993, the apprehension of depletion of cattle
wealth is not acceptable. Apart from certain inconsistencies in the Report, it
is difficult to understand how the Census figures of the years 1987 to 1993 cam
constitute a valid basis for arriving at the conclusion that the substantial
drawals of buffaloes from Telengana region from April, 1993 onwards would not
have a negative effect upon the cattle wealth.
(4) The Central Government's Report is
largely influenced by the letter of and the material furnished by Sri M. Yogi
Reddy, Director of Animal Husbandry Government of Andhra Pradesh dated November
29, 1994. The said Sri Yogi Reddy was retiring on the day after. He sent the
said report in indecent haste even before he was asked to submit any Report by
the inter-ministerial committee or by the government of India, as the case may
be. This aspect has been adversely commented upon by the Principal Secretary,
Animal Husbandry and Fisheries Department, Government of Andhra Pradesh in his
letter dated August 28, 1995 addressed to Dr. Krishna Ashrith, Director of
Animal Husbandry, Andhra Pradesh, Hyderabad [successor to Sri Yogi Reddy]. The
said letter states that "a special report was sent by your predecessor to
the Government of India vide his Do.Lr.No. 25142/D6/94, dt. 29-11-1994 (just
one day before his retirement) on a controversial issue like Al-Kabeer Export
Ltd., without any reference to the Government even though the Directorate is
well aware of the sensitive nature of the subject, in view of the Public
agitation on the issue". The letter accordingly requested the Director,
Animal Husbandry to check up the records "and fix up responsibility on the
persons who are instrumental in sending such unauthorised reports to the
Government of India directly without reference to the Government of Andhra
Pradesh". A comparison of the contents of the enclosures to the Report sent
by Sri Yogi Reddy and the Report submitted by the Central Government of this
Court draws heavily upon and is influenced to a large extent by the Report of
and the material supplied by said Sri Yogi Reddy. Since the Report of Sri Yogi
Reddy has been disowned by the government of Andhra Pradesh as
"unauthorised", the reliance s upon the said Report has vitiated the
Report of the Central Government.
(5) The Central Government Report has not
taken into consideration the inherent contradiction lying at the heart of the
issue. A perusal of the provision of the Andhra Pradesh Prohibition of Cow
Slaughter and Animal Preservations Act, 1977 shows that slaughter of animals ]-
[which expression is defined to include buffaloes, both male and female and
their calves which are or are likely to become economical for the purpose of
(a) breeding, or (b) drought or any kind of agricultural operations, or (b)
drought or any kind of agricultural operations, or (c) giving milk or bearing
off-spring, is prohibited. This is also the purport of the decisions of this
Court on the subject. This means that only old and infirm buffaloes are
available for slaughter whereas Al-kabeer is said to be a most modern slaughter
house and the beef obtained by it is meant exclusively for export. Can it be
believed that Al- Kabeer would confine itself to old and infirm buffaloes. No
one abroad would like to purchase to consume the meat of such old and infirm
buffaloes. They would require fresh and healthy beef which can be obtained only
from young and healthy buffaloes, whether male or female. The failure to notice
this inherent contradiction has vitiated the Central Government's Report. On
the contrary, the Krishnan Committee Report has laid particular emphasis upon
this aspect.
Sri Goswamy, learned counsel appearing for
the Union of India, and Sri Gopal Subramanium. learned counsel for Al- Kabeer,
disputed the correctness of the aforesaid objection and submitted that his
project has been cleared and promoted as part of export promotion scheme of
Government of India. Indeed, the Parliament has enacted Agricultural Processing
Export Development Authority Act, 1986 [APEDA] with a view of promote the
export of agricultural products including beef and meat and that environmental
an all other aspects have been fully taken into consideration before permitting
the establishment of this unit.
So far as the Government of Andhra Pradesh is
concerned, Sri Anil Kumar, learned counsel appearing for it, has specifically
stated, on instructions received from the government, that the Government of
Andhra Pradesh Stands of Krishnan Committed Report which means that it is
opposed to the contents and conclusions recorded by the Report submitted by the
Government of India, Rather curiously, in the written submissions of State of
Andhra Pradesh and Andhra Pradesh Pollution Control Board filed in September
1994 [i.e., prior to our order dated October 25, 1994], the Government of
Andhra Pradesh had taken a different view. It had supported the establishment
and working of Al-Kabeer fully.
We are of the considered opinion that there
is good amount of substances in the submissions of the learned counel for the
appellants. The statistics which constitute the basis of the Report submitted
by the Government of India re 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 effect and impact of its
functioning will be know only 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 buffaloes population between 1987 and 1993 is neither here
nor there. Even if it is assumed that the 1993 figures refer to the figures
upto September-October, 1993, that will taken in 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 Telengana region or in the areas contiguous to Medak
district [where the said unit is located], as the case may be, after atleast
two years of working of Al-Kabeer. In short, the position obtaining after
April, 1995 would alone a 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 Sri Yogi
Reddy is influenced to a considerable extent b the Report of Sri Yogi Reddy,
the then Director of Animal Husbandry, Government of Andhra Pradesh, whose
Report has been termed as "unauthorised" by the Special Secretary to
the Government of India's Report, the requirement of Al-Kabeer is 1.5 to 2.0
lakhs buffaloes every year, which is not an insubstantial figure. We must also
take into consideration what the appellants' counsel call 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 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 Telengana
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, 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.
Pending further orders and in the light of
the material placed before us, we direct that with effect from April 1, 1997,
Al-Kabeer shall function only at half the installed capacity. The Government of
India, the State Government and the Andhra Pradesh Pollution Control Board
shall ensure compliances with this direction.
List after six months.
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