Buffalo Traders Welfare Association Through The General Secretary Shri Feerozuddin vs. Union Of India Ministry Of Agriculture Through Secretary

Ð C.A.No. 3769 OF 1996 ITEM No.301 Court No. 2 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A.No.19 in Civil Appeal No.3769/1996 BUFFALO TRADERS WELFARE ASSON. Appellant (s) VERSUS U.O.I. & ORS. Respondent (s) (for clarification/direction) I.A.No.22/2004 (appln. for intervention/direction) Date : 17/11/2004 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE N. SANTOSH HEGDE HON'BLE MR. JUSTICE S.B. SINHA HON'BLE MR. JUSTICE A.K. MATHUR For Petitioner (s) :Mr. Jayant Bhushan, Sr.Adv. Mr. P.H. Parekh, Adv. Mr. Rohit Alex, Adv. Mr. Rajiv Mishra, Adv. Mr. B.B. Bhatia, Adv. Ms. Iti Sharma, Adv. ForM/s. P.H. Parekh & Co. I.A.22Ms. Rekha Pandey, Adv. Ms. Anil Katiyar, Adv. For Respondent (s)Mr. G.E. Vahanvati, SG. For Urban DevelopmentMrs. Rekha Pandey, Adv. Ministry, UOIMr. Devadatt Kamat, Adv. Mrs. Anil Katiyar, Adv. For DefenceMrs. Anil Katiyar, Adv. Mr. K.C. Dua, Adv. Mr. M.C. Mehta, Adv. Mr. Sushil Kumar Jain, Adv. Mr. A.P. Dhamija, Adv. Ms. Ruchi Kohli, Adv. Mr. Ram Niwas, Adv. Mr. Sarad Singhania, Adv. Mr. H.D. Thanvi, Adv. Ms. Binu Tamta, Adv. Mr. Hardeep Singh Anand, Adv. Ms. Chitra Markandaya, Adv. For DDAMr. V.B. Saharya, Adv. forM/s. Saharya & Co. Mr. S.A. Syed, Adv. For CPCBMr. Vijay Panjwani, Adv. Mr. Goodwill Indeevar, Adv.

Mr. K.R. Rajasekaran Pillai, Adv. Mr. Shrish Kumar Misra, Adv. Mr. Ashok K. Srivastava, Adv. for MCDMr. Sanjiv Sen, Adv. Mr. Rajan Narain, Adv. Mr. Prashant Chaudhary, Adv. Mr. Sunil Gupta, AAG. Mr. S. Wasim A. Qadri, Adv. For U.P.Mr. Kamlendra Mishra, Adv. Mr. Rajeev Kumar Dubey, Adv. Mohd. Saud, Adv. For NCRPBMrs. Sheil Mohini Sethi, Adv. Mrs. Seema Midha, Adv. In IA 18/for intervenorMr. Sakesh Kumar, Adv. Mr. Satish K. Agnihotri, Adv. UPON hearing counsel the Court made the following O R D E R I.A.No.18/2004 in CA No.3769/1996 Taken on board. Heard learned counsel for the applicant. We find no merit in this application. I.A. is rejec ted. I.A.No.19/2004 & IA.No.22/2004 in CA No.3769/1996 A joint affidavit has been filed by the Chief Secretary, Government of National Capital Territ ory of Delhi and Secretary, Ministry of Urban Development wherein it is stated that they have no objection for the abattoir being constructed at Ghazipur and they have held a meeting with the Defence Secretary and other concerned officers on 10th of November, 2004 and they have tak en into consideration the prevailing facts situation of the land fill site at Ghazipur. They h ave formed an opinion that the proposed abattoir at Ghazipur would in reality reduce the exist ing bird problem at Ghazipur rather than increasing the same. It is also pointed out in the s aid affidavit that the representative of the Air Headquarters, Ministry of Civil Aviation and Defence Secretary were present at the said meeting and in the minutes recorded therein they ha ve taken a decision that the construction of abattoir at Ghazipur could continue. Taking the said affidavit on record we direct the applicant in I.A.No.22/2004 that is the Indian Air Forc e to file their response to this within two weeks from today. List this matter for further orders on 30th November, 2004. Presence of the Chief Secretary, Government of National Capital Territory of Delhi and Secretary, Ministry of Urban Development is dispensed with. The MCD to file a status report in regard to the construction of the abatt oir as also response to I.A.No.19/2004.

(PAWAN KUMAR)(PREM PRAKASH) COURT MASTER COURT MASTER