The Madhya Pradesh High Court has directed the Mandsaur Municipal Council to issue a no-objection certificate (NOC) for establishing a slaughterhouse in Mandsaur city, rejecting the council’s reasoning that the city’s religious nature prohibits such an establishment. The court ruled that refusing a permit on these grounds was legally unjustifiable.
The decision was issued by a bench led by Justice Pranay Verma, addressing a petition filed by Sabir Hussain. Hussain had sought permission to open a slaughterhouse for buffalo slaughter and meat trade but was denied the NOC by the municipal council, which cited Mandsaur’s status as a religious city as the reason for refusal. Hussain contested this decision in December 2021, arguing that the denial lacked legal basis.
The dispute arose from a 2011 notification under the Madhya Pradesh Municipalities Act, which designated a 100-metre radius within Mandsaur as a sacred area. Hussain contended that this designation did not extend to the entire city, and a slaughterhouse could be established outside the specified radius. Despite this, the municipal council refused the NOC, claiming that Mandsaur’s religious significance made such an establishment inappropriate and potentially offensive to public sentiments. The council also cited recommendations from law enforcement officials advising against the approval.
The court found the municipal council’s stance untenable, emphasising that the 2011 notification limited the sacred designation to a specific radius and did not classify the entire city as sacred. The bench ruled that the decision to deny the permit based on the city’s religious character was contrary to the legal provisions governing the matter.
The court also noted that Section 264 of the Madhya Pradesh Municipalities Act allows municipalities to designate specific places for the slaughter of animals and restricts such activities to those locations. The refusal to grant the NOC was deemed inconsistent with this provision, especially given that the state government had not yet identified slaughterhouse sites under the law.
In its ruling, the High Court directed the Mandsaur Municipal Council to issue the NOC, subject to compliance with environmental and other legal requirements. It mandated that Hussain secure additional permits under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, among other applicable laws, before commencing operations.
The court clarified that while Hussain is entitled to establish the slaughterhouse, its operations must adhere to the regulatory framework to ensure compliance with environmental and public health standards.