Justice Pranay Verma directs Mandsaur Municipal Council to issue a no-objection certificate for setting up a slaughterhouse
Team Clarion
BHOPAL – The Madhya Pradesh High Court has recently ruled that the refusal to grant permission for a slaughterhouse on the grounds of a city’s religious nature is unjustifiable. The decision came in response to a petition filed by Sabir Sheikh Mani after the Mandsaur Municipal Council rejected his application to establish a slaughterhouse, citing the city’s status as a holy place.
Justice Pranay Verma, presiding over the case, stated that the 2011 notification issued under the Madhya Pradesh Municipal Act designating a 100-meter radius in Mandsaur as a holy area does not imply that the entire city should be treated as sacred. He emphasised that such an interpretation is legally untenable and undermines the petitioner’s rights.
The court noted that the municipal council’s refusal was based on concerns that permitting a slaughterhouse would hurt religious sentiments in Mandsaur, a city of significant religious importance. The City Superintendent of Police and the Officer-in-Charge of City Kotwali had also advised against granting permission, highlighting the sensitive nature of the issue.
The high court directed the municipal council to issue a no-objection certificate, allowing Sabir Sheikh Mani to establish a slaughterhouse. However, the court underscored the importance of compliance with environmental regulations under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981.
“It will be permissible to slaughter animals in the slaughterhouse, but with due observance of the above rules,” Justice Verma stated. This ensures that the operation adheres to necessary health, safety, and environmental standards.
Sabir Sheikh Mani’s petition, filed on December 1, 2021, challenged the Municipal Council’s decision to deny him a no-objection certificate under Section 264 of the Madhya Pradesh Municipal Act, which authorises the council to designate locations for slaughterhouses.
The council’s refusal had drawn attention to the conflict between individual rights and collective religious sentiments. According to reports in Live Law and The Indian Express, the municipal council argued that allowing a slaughterhouse would offend the sentiments of the city’s predominantly religious population.
The court’s ruling reaffirmed the principle that religious sentiments cannot override legal rights and procedural fairness. By limiting the designation of “holy areas” to a 100-meter radius as per the government notification, the judgment ensures a balanced approach to upholding religious sentiments without infringing on lawful business operations.
The decision is expected to provide clarity on similar cases where local authorities cite religious sensitivities to restrict lawful activities, ensuring that such actions are grounded in legal principles rather than subjective interpretations.
