Holding

The Court held that the existing report is insufficient and ordered Al‑Kabeer to function at only half its installed capacity pending a fresh report on buffalo population impact.

Summary

The Supreme Court examined the operation of M/s. Al‑Kabeer slaughter house in Andhra Pradesh, which was established under the Agricultural Processing Export Development Authority Act, 1986 to promote beef exports. The appellants argued that the inter‑ministerial committee’s reliance on livestock census data up to 1993 was misleading, as the plant began functioning only in April 1993 and could deplete the buffalo population, contravening the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977. The Court held that the impact on buffalo numbers could not be assessed without data covering at least two years after the plant’s commencement and that the Central Government’s report was tainted by reliance on an unauthorised state report. Consequently, the Court directed that Al‑Kabeer operate at only half its installed capacity pending a fresh report within six months, and ordered the Central and State Governments and the Pollution Control Board to ensure compliance.

Issues considered

Whether the operation of Al‑Kabeer slaughter house at full capacity violates the Andhra Pradesh Prohibition of Cow Slaughter and Animal Preservation Act, 1977 due to potential depletion of buffaloes.
Whether the Central Government’s inter‑ministerial committee report, based on 1987‑1993 census data and an unauthorised state report, is sufficient to determine the impact on buffalo population.
Whether a fresh assessment of the buffalo population impact is required before allowing full operation of the slaughter house.

Subjects

Cow slaughter prohibitionBuffalo depletionExport promotion schemeEnvironmental impact assessmentInter‑ministerial committeeCapacity restrictionAnimal husbandryAPEDA

Judgment

A AKHIL BHARAT GOSEVA SANGH ETC.
v.
STATE OF ANDHRA PRADESH AND ORS.

MARCH 12, 1997

B (B.P. JEEVAN REDDY AND SUHAS,C SEN, .JJ.]

Andhra Pradesh prohibition of Cow Slaughter and Animal Preservation
Act, 1977-Export promotion Scheme-Agricultural products including meat
and beef-Project of Mis Al Kabeer Slaughter House--lmpact on depletion
C of cattle population including buffalo population.
The Central Government constituted an inter-ministerial committee
pursuant to an oriler dated 25.10.1994 passed by this Court requesting the
Central Government to look into all relevant aspect as directed by the High
D Court of Andhra Pradesh in its judgment dated 16.11.1991 with regard to
the pollution of air and water. The committee accepted recommendations
and suggestions made by the Krishnan Committee, the Environmental
Audit Report along with the Environmental Management Firm Report
along with the Environmental Management Plan prepared by the company.
However, it was report that the Krishnan Committee's assumption and
E apprehensions on depletion of cattle due to establishment of M/s. Al
Kabeer's slaughter house, not being based on correct scientific analysis
and adequate reasoning were not acceptable as amongst the bovine
animals, the project of Mis Al Kabeer was to utilise only the unproductive
buffaloes and not cow & its progeny and that adequate number of un-
F productive buffaloes were and will be available for use in this slaughter
house and other slaughter houses in Andhra Pradesh; that the
Committee's suggestion of State Government taking over M/s. Al Kabeer
slaughter house for supply of meat for domestic requirement being con-
trary to the objective of giving permission for setting up of abattoir by M/s
Al Kabeer, as well as Government of India's programme for increase of
G export of meat and meat products as there is need for modernising the
existing abattoirs in the State for which the State Government may take
appropriate steps separately; that the suggestion of Krishnan Committee,
of the company undertaking effective programmes to raise feed cattle for
meeting 50% requirement of the abattoir is not practicable and not
H acceptable and therefore, tl1e company should prepare a plan in consult-
1040
r AKHILBHARATGOSEVASANGHv. STATE[B.P.JEEVANREDDY,J.J 1041

ation with the State Government and take up its implementation in con- A
junction with the State Government for promoting better animal hus-
bandry practices.

The appellants filed a number of objections stating that reliance in
the report placed upon 15th quienquennial live stock Census 1993
prepared by the Directorate of Economics and Statistics, Government of B
Andhra Pradesh is misleading as that report reflected the position upto
September-October, 1993 when the Al Kabeer had commenced its opera-
tion only in April, 1993 and that if the re11uirement of Al- Kabeer is taken
into consideration which is 1.8 lakhs buffaloes per annum, there will be a
substantial depletion of buffalo population as a result of the working of C
Al-Kabeer, in the Telengana region of Andhra Pradesh and other adjoining
areas in general and that the Census figures of the years 1987 to 1993 could
not constitute a valid basis for arriving at the conclusion that the sub-
stantial drawals of buffaloes from Telengana region from April, 1993
onwards would not have a negative effect upon the cattle wealth.
D
The respondent submitted that this project had been cleared and
promoted as part of export promotion scheme of Government of India and
the Parliament had enacted Agricultural Processing Export Development
Authority Act, 1986 with a view to promote the exports of agricultural
products including beef and meat and that environmental and all other . E
aspects have been fully taken into consideration before permitting the
establishment of this unit and that. the Government
. of Andhra Pradesh
stands by Krishnan Committee Report, being opposed to the contents and

-
conclusions recorded by the Report submitted by the Government of India.

Disposing of the matter, this Court F
HELD : 1.1. Al-Kabeer started functioning only in April, 1993 and
the effects and impact of its functioning will be known only if one studies
the figures of availability and/or depletion of buffalo population over a
period of one or two years after Al-Kabeer started functioning. Merely
showing that there had been a marginal increase in buffalo population G
between 1987 and 1993 is neither here nor there. Even if it is assumed that
the 1993 figures refer to the figures upto September-October, 1993, that
will take in only six months of working of Al-Ka beer. The proper impact
of working of Al-Kabeer on the depletion of cattle, if any, would be known
.,. only if one takes into consideration the census figures of cattle in Teien- H
1042 SUPREME COURT REPORTS [1997) 2 S.C.R. _ i
A gana region or in the areas contiguous to Medak district (where the said
unit is located), as the case may be, after atleast two years of working of
Al-Kabeer. The position obtaining after April, 1995 would alone give a ..
correct picutre. [11148-A-H]

1.2. The contention of the appellants that the Government of India's
B Reprot is influenced to a considerable extent by the Report of Sri Yogi
Reddy, the then Director of Animal Husbandry, Government of Andhra
Pradesh, whose Report has been termed as "unauthorised" by the Special
Secretary to the Government of Andhra Pradesh and thus disowned by the
Government, cannot be rejected. Even according to the Government uf
C India's Report,' the requirement of Al-Kabeer is 1.5 to 2.0 lakhs bulfaloP.s
every year, which is not an insubstantial figure. There are inherent con-
tradiction between the standard and c1uality of beef re11uired for export
and the provisions of the Andhra Pradesh Prohibition of Cow Slaughter
and Animal Pre~ervation Act, 1977 and the effect of the decisions of this
Court, which leave only old and infirm buffaloes for slaughter. The
D Government of India should be called upon to send a fresh Report after
studying the impact and effect of the working of Al-Kabeer upon the
buffalo population of the Telengana region of Andhra Pradesh and also ,!If
the areas adjacent to Al-Kabeer, two years after the commencement of the
operations by Al-Kabeer. It is not possible for this Couri to pass any final
E orders on the basis of the Report now submitted, which is based upon the
statistics/census figures of cattle population including buffalo population
for the period 1987 to 1993. The Central Government to submit a fresh
Report within six months. With effect from April 1, 1997, Al-Kabeer shall
function only at half the installed capacity and not at its full installed
capacity. The Government of India, the State Government and the Andhra
F Pradesh Pollntion Control Board shall ensure compliance with this direc-
tion. [1049-A-B]

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3968 of
1994 Etc.
G From the Judgment and Order dated 6.4.93 of the Andhra Pradesh
High Court in W.P. No. 10454 of 1993.

Dr. A.M. Singhvi, U.N. Bhachawat, Gopalasubramaniam, G.L. San-
ghi, N.N. Goswami B.S. Banthia, P.K. Bansal, P.K. Joshi, Jasraj Shrish-
rimal, R. Santhanakrishnan, Harminder Mohan Singh, S.K. Mehta, Dhruv
y AKHIL BHARAT GOSEVA SANGH v. SfATE [B.P. JEEVAN REDDY, J.) 1043

Mehta, Fazlin Anam T. Anil Kumar, Nikhil Nayyar, T.V.S. Narsimhachari, A
Ms. Binu Tamta, S.N. Terdol and C.V. Subba Rao for the appearing

- parties.

The Judgment of the Court was delivered by

B.P. JEEVAN REDDY, J. This order may be read in continuation of B
our order dated October 25, _1994. By the order aforesaid, we had re-
quested the Central Government to look into all relevant aspect as directed
by the High Court of Andhra Pradesh in its judgment dated November 16,
1991 and to record its opinion with reasons. The said record was directed
to be placed before this Court for consideration for passing of further C
orders.

The Central Government is said to have constituted an inter- mini-
sterial committee headed by Sri C.K. Basu, Joint secretary, Ministry of
Food Processing Industries. The Committee comprised three other mem-
bers, viz., Sri Shyam Lal, Director, Ministry of Environment and Forests, D
Sri Nikondaiah, Joint Commissioner, Department of Ariimal Husbandry
and dairying, Ministry of Agriculture and Dr. G:S. Singh,' Deputy Commis-
sioner, Ministry of Food Processing Industries. The said Committee has
submitted a Report, Paragraph 11 whereof states its conclusions in the
following words : E
"11. CONCLUSIONS.

In the light of the foregoing discussions, the Committee "is of the
opinion that :
F
(i) with regard to the pollution of air and water the suggestions
and recommendations made by the Krishnan Committee as well
as the expert opinion contained in it are good and are acceptable.
The Government of India in the Ministry of Environment and
'. Forests have already accepted the same and the steps to implement
have already been taken The Environmental Audit Report along G
with the Environmental Management Fir.m Report along with the
Environmental Management Plan prepar,ed by the company are.
acceptable. However,. regular monitoring. of pollution of. air and
water need .to be continued by .the Company itself as well as
periodic checking by the Andhra Pradesh State Pollution Control H
. 1044 SUPREME COURT REPORTS (1997) 2 S.C.R.

A Board.

. (ii) the Krishnan Com~ttee's assumption and apprehensions on

B
depletion of cattle due to establishment of M/s. Al Kabeer's
slaughter house are not based on correct scientific analysis and
adequate reasoning, and therefore, are not acceptable. From the
facts and analysis in the.foregoing paras it is obvious that amongst
the bovine animals, the project of M/s. All Kabeer is to utilise only
-
the unproductive buffaloes and not cow & its progeny. In fact,
adequate number of unproductive buffaloes are and will be avail-
able for the use in this slaughter house and other slaughter houses
in Andhra Pradesh. ·
c
(iii) the Krishnan Committee's suggestion of State Government
taking over the M/s. Al Kabeer slaughter house for supply of meat
for domestic requirement goes contrary to the objective of giving
permission for setting up of abattoir by M/s. Al Kabeer, as well as
D Government of India's programme for increase of export of meat
and meat products. There is, however, need for modernising the
existing abattoirs in the State for which the State Government may
take.appropriate steps separately.

(iv) the suggestion of Krishnan Committee of company undertaking
E effective programmes to raise feed cattle for meeting 50% require-
ment of the abattoir is not practicable and therefore, is not accept-
able. However, as per the terms of license, the company should
prepare a plan in consultation with the State Government and take
up its implementation in conjunction with the State Government
for promoting better animal husbandry practices."
F
The appellants have filed a number of objections to the said Report.
We shall briefly deal with the main objections :

(i) In Paragraph 10.11 of the Report, reliance is placed upon 15th
;
G quienquennial live-stock Census 1993 prepared by the Directorate of
Economics and Statistics, Government of Andhra Pradesh (Annexure VI
to the Report). (According to the learned counsel for the Central Govern-
'
)

ment, the said Report reflects the position upto September-October, 1993.)
According to the Report, the buffalo population has increased by 4.28
H percent between 1987 and 1993. In other words, the buffalo population has
)'' AKl-IJLBHARATGOSEVASANGHv. STATE(B.P.JEEVANREODY,J.] 1045

risen from 87.5'7 lakhs to 91.32 lakhs. The increase is thus 0.7 percent per A
annum approximately. These figures are misleading because Al- Kabeer
has commenced its operation only in April, 1993 and the requirement of
Al-Kabeer is 1.8 lakhs buffaloes per annum. If the requirement of
Al-Kabecr is taken into consideration, there will be a substantial deple-
tion of buffalo population as a result of the working of Al-Kabecr. B

(2) The aforesaid Census Report further shows that the popula-
tion of male buffaloes of over three years has shown a decline of 29
percent between 1987 and 1993 though the female buffaloes has shown
a rising trend of seven to twelve percent. The population of male
buffaloes over three years has also· shown a substantial decline ranging C
from twenty four percent to forty four percent. The only increase is in
the buffaloes in milk. The ab:ove figures taken in conjunction with the
annual intake of buffaloes of Al- Kabeer would establish that the work-
ing of Al-Kabeer would cause serious depletion of buffalo population
in the Telengana region of Andhra Pradesh in particular and in the D
State of Andhra Pradesh and other adjoining areas in general. Besides,
all the facts and figures which constitute the basis of the said Report
arc the facts and figures taken into 1993. These do not and cannot
represent the correct state of affairs because Al-Kabeer started
functioning only in April, 1993. Only if one studies the facts and figures E
relating to 1994 and/or subsequent years, would he be able to assess the
impact of the working of Al-Kabeer on the cattle wealth of the area
concerned.

(3) The Report further shows that between April, 1993 and
December, 1994, 29.3% of animals required by Al- Kabeer have been F
procured from other States whereas 40.2% came from telengana region,
12.3.% from Rayalseema region and 7.13% from the coastal areas of
Andhra Pradesh. At the same time, the Committee says that inasmuch
as the buffalo population as a whole (which includes those in milk) has
increased in T elengana region by eleven percent between 1987 and 1993, G
the apprehension of depletion of cattle .wealth is not acceptable. Apart
from certain inconsistencies in the Report, it is difficult to understand
how the Census figures of the years 1987 to 1993 can constitute a valid
basis for arriving at the conclusion that the substantial drawals of
buffaloes from Telengana region from April, 1993 onwards would not H
1046 SUPREME COURT REPORTS [1997] 2 S.C.R. i
A have a negative effect upon the cattle wealth.
(4) The Central Government';s Report is largely influenced by the
letter of and the material furnishing by Sri M.Yogi Reddy, Director of
Animal Hµsbandry, Government of Andhra Pradesh dated November
29, 1994. The said Sri Yogi Reddy was retiring on the day after. He sent
B the said report in indecent haste even before he was asked to submit
any Report by the inter-ministerial committee or by the Government of
India, as the case may be. This aspect has been adversely commented
upon by the Principal Secretary, Animal Husbandry and Fisheries
Department, Government of Andhra Pradesh in his letter dated August
C 28, 1995 addressed to Dr. Krishna Ashrith, Director of Animal Hus-
-
bandry, Andhra Pradesh, Hyderabad (successor to Sri Yogi Reddy).
The said letter states that "a special report was sent by your predecessor
to the Government of India vide his Do. Lr. No. 25142/06/94, dt. 29-11-
1994 (just .one day day before his retirement) on a controversial issue
D like Al-Kabeer Export Ltd., without any reference to the Government
even though the Directorate is well aware of the sensitive nature of the .
subject, in mew of the Public agitation on the issue". The letter accord-
ingly requested the Director, Animal Husbandry to check up the
records "and fix up responsibility on the persons who are instrumental
E in sending such unautholised reports to the Government of India directly
without reference to the Government of Andhra Pradesh". A com-
parison of the contents of the enclosures to the Report sent hy Sri Yogi
Reddy and the Report submitted by the Central Government to this
Court establishes that the Report of the Central Government draws
heavily upon and is influenced to a large extent by the Report of and
F the material supplied by said Sri Yogi Reddy. Since the Report of Sri
Yogi Reddy has been disowned by the Government of Andhra Pradesh
as "unauthorised", the reliance upon the said Report has vitiated the :
Report of• the Central Government.

G (5) The Central Government Report has not taken into con-
sideration the inherent contradiction lying at the heart of the issue. A
perusal of the provisions of the Andhra Pradesh Prohibition of Cow
Slaughter and Animal Preservation Act, 1977 shows that slaughter of
animals (which expressions defined to include buffaloes, both male
H and female and their calves) which are or are likely to become -
y
AKHIL BI-IARAT GOSEVA SANGH 1•. SfATE [B.P. JEEVAN REDDY. J.) 1047

economical for the purpose of (a) breeding, or (b) drought or any kind of A
agricultural operations, of (c) giving milk or bearing off-spring, is
prohibited. This is also the purport of the decisions of the Court on the
subject. This means that only old and infirm buffaloes are available for
slaughter whereas Al-Kabeer is said to be a most modern slaughter
house and the beef obtained by it is meant exclusively for export. Can B
it be believed that Al-Kabeer would confine itself. to old and infirm
buffaloes. No one abroad would like to purchase or consume the meat
of such old and infirm buffaloes. They would require fresh and healthy
beef which can be obtained only from young and healthy buffaloes,
whether male or female. The failure to notice this inherent contradic-
tion has vitiated the Central Government's Report. On the contrary, C
the Krishnan Committee Report has laid particular emphasis upon
this aspect.

Sri Goswamy, learned counsel appearing for the Union of India,
and Shri Gopal Subramanium, learned counsel for Al-Kabeer, disputed D
the correctness of the aforesaid objections and submitted that this
project has been cleared and promoted as part of export promotion
scheme of Government of India. Indeed, the Parliament has enacted
Agricultural Processing Export. Development Authority Act, 1986
(APEDA) with a view to promote the exports of agricultural products E
including beef and meat and that environmental and all other aspects
have been fully taken into consideration before permitting the estab-
lishment of this unit.

So far as the Government of Andhra Pradesh is concerned, Sri F
Anil Kumar, learned counsel appearing for it, has specifically stated, on
instn•:.:'.ions . received from the Government, that the Government of
Andhra Pradesh stands by Krishnan Committee Report which means
that it is opposed to the contents and conclusions recorded by the
Report submitted by the Government of India .. Rather curiously, in the G
written submissions of State of Andhra Pradesh and Andhra Pradesh
Pollution Control Board filed in September 1994 (i.e., prior to our
Order dated October 25, 1994), the Government of Andhra Pradesh had
taken a different view. It had supported the establishment and working
of Al-Kabccr fully. H
l048 SUPREME COURT REPORTS [1997] 2 S.C.R.

A We are of the considered opinion that there is good amount of
substance in the submissions of the learned counsel for the appellants.
The statistics which constitute the basis of this Report submitted bv the
Government of India are not really relevant to the issue before us. As
righlly pointed out by the learned counsel for the appellants, Al-Kabeer
B started functioning only in April, 1993, and the effects and impact of its
functioning will be known only if one studies the .figures of availability and/or
depletion of buffalo population over a period of one or two years after
Al-Kabeer has started functioning. Merely showing that there has been a
marginal increase in buffalo population between 1987 and 1993 is neither here
nor there. Even if it is assumed that the 1993 figures refer to the figures upto
c septemher-October, 1993, that will take in only six months of working of
Al-Kabeer. The proper impact of working of Al-Kabeer on the depletion of
cattle, if any, would be known only if one taken into consideration the census
-
figures of cattle in Tclengana region or in t11e areas contii,,ruous to Medak
district (where the said unit is located), as the case may be, after atleast two
D years of working of Al-Kabeer. In Short, the position obtaining after April,
1995 would alone give a correct picture. We cannot also reject the contention
of the learned counsel for the appellants that the Government of India's
Report is influenced to a considerable extent by the Report of Sri Yogi Reddy,
the ilien Director of Animal Husband1y, Government of Andhra Pradesh,
E whose Report has been termed as "unauthorised" by the special Secretary to
the Government of Andhra Pradesh, and thus disowned by the Goveinment.
Even according to the Government of India's Report, the requirement of
Al-Kabeer is l.5 to 2.0 lakhs buffaloes every year, which is not an insubstantial
figure. We must also take into consideration what the appellants' counsel call
F f11e inherent contradiction between the standard and quality of beef requb·ed
for export and the provisions of the Andhra Pradesh prohibition of Cow
Slaughter and Animal preservation Act, 1977 and the effect of the decisions
of this Court, \vhich_ leave only old and infirm btiffaloes for slaughter. We,
therefore, think it appropriate that the Government of India should be called
G upon lo send a fresh Report after studying the impact and effect of the
working of Al- Kabeer 11pon the buffalo population of the Tclengana region
of Andhra Pradesh and also of the·areas adjacent to Al-Kabeer, two years
atler the commencement of the operations by Al-Kabeer. It is not possible for
us to pass any final orders on the basis of the Report now submitted, which
H as stated above, is based upon the statistics/census fit,.rures of cattle population
y
. AKHILBHARATGOSEVASANGHv. SfATE[B.P.JEEVANREDDY,J.) ;1049

including buffalo population for the period 1987 to 1993. Acc:ordingly, we A
call upon the central Government to submit a fresh Report in the light
of the observations made herein within six months.

Pending further orders and in the light of the ~Jterial placed
before us, we direct that with effect from April 1, 1997, Al- Kabeer shall
function only at half th(\ installed capacity and not at its full installed B
capacity. The Government of India, the State Government and ·the
Andhra Pradesh Pollution Control Board shall ensure q>mpliance with
this direction.

List after six months.

-- R.A. Matter disposed of.