LAXMI NARAIN MODI Vs UNION OF INDIA .
Bench: K.S. RADHAKRISHNAN,PINAKI CHANDRA GHOSE
Case number: W.P.(C) No.-000309-000309 / 2003
Diary number: 9063 / 2003
Advocates: PRANAB KUMAR MULLICK Vs
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO.309 OF 2003
Laxmi Narain Modi …. Petitioner
Versus
Union of India and others …. Respondents
WITH
WRIT PETITION (CIVIL) NO.330 OF 2001, WRIT PETITION (CIVIL) NO.44 OF 2004,
WRIT PETITION (CIVIL) NO.688 OF 2007, AND
SPECIAL LEAVE PETITION (CIVIL) NO.14121 OF 2009
O R D E R
K.S. Radhakrishnan, J.
1. We, in our order dated 23.8.2012, had highlighted
the extreme necessity of constituting State Committees
for the purpose of supervising and monitoring the
implementation of the provisions of the Prevention of
Cruelty to Animals (Establishment and Registration of
Societies for Prevention of Cruelty to Animals) Rules,
2000, the Environment Protection Act, 1986, the Solid
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Waste (Management and Handling) Rules, 2000, the
Prevention of Cruelty to Animals (Slaughter House) Rules,
2000 etc.
2. We passed another order on 10.10.2012 and,
following that order, almost all the States and Union
Territories have constituted the State Committees. On
27.8.2013, we passed a detailed order directing those
Committees to implement the broad framework prepared
by the MoEF, which we have incorporated in the said
order. We also directed the various State Committees to
file an Action Taken Report. Few Committees have filed
their Action Taken Reports.
3. We notice that there is no periodical supervision or
inspection of the various slaughter houses functioning in
various parts of the country. Action Taken Reports would
indicate that, in many States, slaughter houses are
functioning without any licence and even the licenced
slaughter houses are also not following the various
provisions as well as the guidelines issued by the MoEF,
which we have already referred to in our earlier orders.
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We feel that the presence of an experienced Judicial
Officer in the State Committees would give more life and
light to the Committees, who can function as its Convener.
The Convener, so appointed, would see that the
Committees meet quite often and follow and implement
the provisions of the Act as well as the guidelines issued
by the MoEF, which has been made a part of our order
dated 27.8.2013.
4. In such circumstances, we are inclined to request the
Chief Justices of the various High Courts in the country to
nominate the name of a retired District Judge for a period
of two years as a Convener of the Committee so as to
enable him to send the quarterly reports to this Court.
First report be sent within two months. Communicate this
order to the Chief Justices of the various High Courts in the
country, along with a copy of this Court’s orders dated
23.8.2012, 10.10.2012 and 27.8.2013. We fix a
consolidated remuneration of Rs.20,000/- per month as
honorarium to be paid to the District Judge (Retd.), which
will be borne by the respective State Governments/Union
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Territories, as the case may be. Union of India and various
State Governments have raised no objection in adopting
such course, so that the Committees could function
efficiently and the provisions of the Act and the framework
prepared by the MoEF could be given effect to in its letter
and spirit.
………………………….J. (K.S. Radhakrishnan)
………………………….J. (Pinaki Chandra
Ghose) New Delhi, January 30, 2014.