________________
populated. The Court also directed closing down of the existing Slaughter House at idgah for reasons of its present location in the centre of the City creating health problems for people, and environmental problems. In the face of directions of Hon'ble High Court to locate this activity to an unpopulated area away from city, the approach of DDA etc. for acquisition of land for this activity as a part of authority for acquisition of land for this activity as a part of development of Narela Township, Itself appears to be patently illegal, questionable and in violation of Delhi High Court Judgement, as Narela is already a heavy populated area, and Policy of Law laid down by High Court is that Slaughter House cannot be a part of township, as such which houses population. The
approach of authorities in respect of location of slaughter house by changing land use, as shown by 'the Minutes of Meeting held on 03.12.91, by arguments mentioned in the note, also smack poor
understanding of the Master Plan-2001, which came into force in August, 1990 by "The Gazette of India-Extraordinary, Part-Il- Section-3-Sub-section (ii). No.437, New Delhi, Wednesday, August 1, 1990/Sravana 10, 1992 at pago 115." It is interesting to note that Slaughter Houses under the uncommon synonim of 'ABBATOIRS' has been shown as one of the industrios which are totally prohibited in the Union Territory of Delhi, as its characteristic is to give out obnoxious smell and waste water etc. However, it is shocking to note and reveal that Master Plan page 180 (Group H) has tried to camaflouge this industry under the head 'FRUITS'. This aspect needs to be looked into by
the Government. It is also wrong to mix the industry which are ancilliary to slaughter house with · slaughter house itself. Such ancilliary industry may be of bone-crushing, leather, medicines etc but that will not permit or cause to locate Slaughter House itself, when it is specifically prohibited in the Master Plan - 2001.
139. In the light of the above discussion, acquisition of land for Slaughter House, as a part of Narela Development Township appears to be in violation of Delhi High Court decision. Assuming that it is not so, and is in pursuance of Delhi High Court directions then also, it is to be noted that as per law. provisions of MCO to locate Slaughter House are only enabling to choose a place, but that does not make the killings which are illegal into legal. Only the permitted killings can take place in a Municipal Slaughter House. Therefore, S.405 of the MCD Act, which provide for Municipal Slaughter House has to be read alongwith following provisions, which speak of Byelaws for purpose of admitting animals for slaughtering.
481.(1)
Subject to the provisions of this Act the Corporation may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters namely:
Bye-laws relating to markets, slaughter houses, trades & occupations.
The manner in which animals shall be admitted in a slaughter house.
The manner in which animals may be slaughtered.
The disposal or destruction of animals offered for slaughter which are suffering. from disease or any other cause, unfit for human consumption.
The regulation of the entry of animals into slaughter house and the bringing out of the carcasses of such animals after slaughter and the fee to be paid for use of slaughter house.
140. Municipal Slaughter House has also been defined u/s 2(30) of DMC Act as that which is vested and manged by Corporation. MCD being an executive authority under the policy control of Central Govt. cannot violate law to check that only useless cattle are slaughtered. What is legally permitted will depend on what is legally admitted into the Slaughter House. The bye-laws in respect