Supreme Court of India order October 10, 2012 on CWP (C) No. 309 of 2003 - Naresh Kadyan

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ITEM NO.4 COURT NO.9 SECTION PIL S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 309 OF 2003 LAXMI NARAIN MODI Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With appln(s) for directions,permission to file rejoinder affidavit, permission to file additional documents,permission to file additional affidavit, permission to file submissions and office report) WITH W.P(C) NO. 330 of 2001 (With appln(s) for directions) W.P(C) NO. 44 of 2004 (With appln(s) for directions, exemption from filing O.T.) W.P(C) NO. 688 of 2007 (With appln(s) for stay) Date: 10/10/2012 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE DIPAK MISRA For Petitioner(s) Mr. Ranjit Kumar,Sr.Adv. Mr. Pranab Kumar Mullick,Adv. Ms. Soma Mullick,Adv. Mr. Raj Panjwani,Sr.Adv. Ms. Purnima Bhat,Adv. Mr. C.D. Singh,Adv. For Respondent(s) Mr. Sidharth Luthra,ASG Mr. V.K. Biju,Adv. Ms. Asha G. Nair,Adv. Mr. D.S. Mahra,Adv. Ms. Kiran Bhardwaj,Adv. Mrs. Sukhbeer Kaur Bajwa,Adv. Mrs. T. Priyanka,Adv.

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O R D E R Heard counsel on either side. This Court has passed an order on 28.03.2005 for proper and effective implementation of the provisions of Prevention of Cruelty to Animals (Establishment and Registration of Societies for Prevention of Cruelty to Animals) Rules, 2000 and Environment Protection Act, 1986, Solid Wastes (Management and Handling) Rules, 2000 and Prevention of Cruelty to Animals (Slaughter House) Rules, 2000 etc. The position was reiterated by this Court again by its order dated 23.08.2012 wherein positive directions were given to all the State Governments and the Union Territories to constitute the Committees in terms of decision of Union of India dated 26.04.2012. A few States have already complied with the order but some of the States are yet to comply with the order and the time granted for the same is over. In such circumstances, we are giving further time, as a last opportunity, to the State Governments and the Union Territories to constitute Committees. In case, the Committees are not constituted before the next date of hearing the concerned Secretaries of the Department of Environment and Forest of the States/Union Territories will have to be present to explain why this Court's order has not been complied with. Communicate this order to the Standing Counsel of all the States/Union Territories as well as the Chief Secretary of the States/Union Territories. We also wish to give a direction to the Central Pollution Control Board (CPCB), Animal Welfare Board and the Ministry of Environment and Forest (MoEF) to work out a broad framework so that the Committees can effectively implement the provisions of the Act regarding transportation of live stocks, slaughter and disposal of waste etc. List these matters on 6.11.2012.

Transcript of Supreme Court of India order October 10, 2012 on CWP (C) No. 309 of 2003 - Naresh Kadyan

Page 1: Supreme Court of India order October 10, 2012 on CWP (C) No. 309 of 2003 - Naresh Kadyan

ITEM NO.4 COURT NO.9 SECTION PIL

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION (CIVIL) NO(s). 309 OF 2003

LAXMI NARAIN MODI Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(With appln(s) for directions,permission to file rejoinder affidavit,permission to file additional documents,permission to file additionalaffidavit, permission to file submissions and office report)

WITH W.P(C) NO. 330 of 2001(With appln(s) for directions)W.P(C) NO. 44 of 2004(With appln(s) for directions, exemption from filing O.T.)W.P(C) NO. 688 of 2007(With appln(s) for stay)

Date: 10/10/2012 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE DIPAK MISRA

For Petitioner(s) Mr. Ranjit Kumar,Sr.Adv. Mr. Pranab Kumar Mullick,Adv. Ms. Soma Mullick,Adv.

Mr. Raj Panjwani,Sr.Adv. Ms. Purnima Bhat,Adv.

Mr. C.D. Singh,Adv.

For Respondent(s) Mr. Sidharth Luthra,ASG Mr. V.K. Biju,Adv. Ms. Asha G. Nair,Adv. Mr. D.S. Mahra,Adv. Ms. Kiran Bhardwaj,Adv. Mrs. Sukhbeer Kaur Bajwa,Adv. Mrs. T. Priyanka,Adv. Mr. S.N. Terdal,Adv. Ms. Sonia Malhotra,Adv.

Mr. Vijay Panjwani,Adv.

Mr. Ranjan Mukherjee,Adv.

Mr. Mukesh K. Giri,Adv. Mr. Dilip Kumar Sharma,Adv.

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Mr. Raja Chatterjee,Adv. Mr. Abhijit Sengupta,Adv. Mr. Faisal M.,Adv.

Mr. V.G. Pragasam,Adv. Mr. Prabu Rama Subramanian,Adv. Mr. S.J. Aristotle,Adv.

Mr. Gopal Prasad,Adv.

Mr. Khawairakpam Nobin Singh,Adv. Mr. Sapan Biswajit Meitei,Adv.

Ms. Hemantika Wahi,Adv. Ms. Jesal,Adv.

Mr. Riku Sarma,Adv. Mr. Navnit Kumar,Adv. For M/s. Corporate Law Group

Ms. Subhashini,Adv.

Dr. Manish Singhvi,AAG, State of Rajasthan Mr. Amit Lubhaya,Adv. Mr. Milind Kumar,Adv.

Mr. Anil Shrivastav,Adv. Mr. Rituraj Biswas,Adv.

Ms. Aruna Mathur,Adv. Mr. Yusuf Khan,Adv.

Mr. Atul Jha,Adv. Mr. Sandeep Jha,Adv. Mr. D.K. Sinha,Adv.

Mr. Manjit Singh, AAG, Haryana Mr. Kamal Mohan Gupta,Adv.

Mrs. K. Enatoli Sema,Adv. Mr. Amit Kumar Singh,Adv.

Mr. Arjun Garg,Adv. Mr. B.S. Banthia,Adv.

Mr. Anil Grover,AAG, Punjab Ms. Noopur Singhal,Adv.

Mr. Gopal Singh,Adv. Mr. Samir Ali Khan,Adv. Mr. Manish Kumar,Adv. Mr. Chandan Kumar,Adv.

Mr. Ranjan Mukherjee,Adv. Mr. T.M. Singh,Adv. Mr. Pradeep Misra,Adv. Mr. Suraj Singh,Adv.

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Mr. Sunil Fernandes,Adv. Ms. Vernika Tomar,Adv. Ms. Astha Sharma,Adv.

Mr. P. Parameswaran,Adv.

Mr. Nikhil Nayyar,Adv

Mr. Tara Chandra Sharma,Adv

Mr. R. Ayyam Perumal,Adv

Mr. L.C. Aagrawala,Adv.

Mr. P.V. Dinesh,Adv.

Mr. P.V. Yogeswaran,Adv.

Mr. Dharam Bir Raj Vohra,Adv.

Mr. B.V. Balram Das,Adv.

Mr. Ashok K. Srivastava,Adv.

Mr. C.D. Singh,Adv.

Mr. Punit Dutt Tyagi,Adv.

Ms. Kamini Jaiswal,Adv.

Mr. Abhijit P. Medh,Adv.

Mr. Sanjay R. Hegde,Adv.

Mr. Mukesh K. Giri,Adv.

Mr. Subhashish Misra,Adv.

Mr. Arun K. Sinha,Adv.

Mr. T.V. Ratnam,Adv.

Ms. Sumita Hazarika,Adv.

Mr. Mohanprasad Meharia,Adv.

Mr. Anil Shrivastav,Adv.

M/s. Aruptham Aruna & Co.,Adv.

Mr. Aruneshwar Gupta,Adv.

Mr. K.R. Sasiprabhu,Adv.

Mr. Rajesh Srivastava,Adv.

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Mr. T.V. George,Adv.

Mrs. B. Sunita Rao,Adv.

Ms. Vibha Dutta Makhija,Adv.

Mr. Anuvrat Sharma,Adv.

Mr. Naresh K. Sharma,Adv.

Mr. Ajay Pal,Adv.

Mrs. Manik Karanjawala,Adv.

Ms. C.K. Sucharita,Adv.

UPON hearing counsel the Court made the following O R D E R

Heard counsel on either side. This Court has passed an order on 28.03.2005 for proper and effective implementation of the provisions of Prevention of Cruelty to Animals (Establishment and Registration of Societies for Prevention of Cruelty to Animals) Rules, 2000 and Environment Protection Act, 1986, Solid Wastes (Management and Handling) Rules, 2000 and Prevention of Cruelty to Animals (Slaughter House) Rules, 2000 etc. The position was reiterated by this Court again by its order dated 23.08.2012 wherein positive directions were given to all the State Governments and the Union Territories to constitute the Committees in terms of decision of Union of India dated 26.04.2012. A few States have already complied with the order but some of the States are yet to comply with the order and the time granted for the same is over. In such circumstances, we are giving further time, as a last opportunity, to the State Governments and the Union Territories to constitute Committees. In case, the Committees are not constituted before the next date of hearing the concerned Secretaries of the Department of Environment and Forest of the States/Union Territories will have to be present to explain why this Court's order has not been complied with. Communicate this order to the Standing Counsel of all the States/Union Territories as well as the Chief Secretary of the States/Union Territories. We also wish to give a direction to the Central Pollution Control Board (CPCB), Animal Welfare Board and the Ministry of Environment and Forest (MoEF) to work out a broad framework so that the Committees can effectively implement the provisions of the Act regarding transportation of live stocks, slaughter and disposal of waste etc. List these matters on 6.11.2012.

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