Supreme Court Allows Conditional Operation of Idgah Slaughter House Till June 30, 1997 in Environmental and Public Interest Balance. Status Quo Order Ceased as Alternative Land Became Available and Court Imposes Strict Pollution Control Directions.

A) Environmental Law - Closure of Hazardous/Noxious Industries - Directions in W.P. (C) No.4677 of 1985 - All 168 named industries including Idgah Slaughter House were held hazardous and directed to stop functioning in Delhi from November 30, 1996 - The order was unconditional and applicable irrespective of relocation status - Held that no exception can be made for the slaughter house merely because relocation was not complete, as it was among the hazardous industries identified after satisfaction of the court based on reports of Central Pollution Control Board, Delhi Pollution Control Committee and a Special Committee (Paras 1-3).

B) Interlocutory Orders - Conflict Between Status Quo and Subsequent Closure Order - Effect of Later Order on Earlier Interim Order - The status quo order dated February 19, 1996 was passed in civil appeals while granting special leave, based on consensus that no alternative place was available for shifting the slaughter house - The subsequent order dated July 8, 1996 in the writ petition directed unconditional closure of all 168 industries including the slaughter house - Held that although the status quo order was not expressly modified, its foundation ceased to exist because an alternative land of about 55 acres was subsequently made available and possession delivered, so the basis for status quo no longer existed and the applicants could not claim continuation of status quo (Paras 1, 2, 5).

C) Slaughterhouse Regulation - Permission to Operate Under Stringent Conditions - Balance Between Consumer Interest and Environmental Protection - The court balanced the need for meat supply for Delhi consumers and the highly polluted environment of the slaughter house - Held that Idgah Slaughter House was permitted to function only till June 30, 1997, with only 2000 goats/he goats/sheep per day permitted for slaughter, no large animals like buffaloes, cows, bulls; buffalo section to be closed with immediate effect; and MCD to keep premises environmentally clean (Para 10).

D) Environmental Protection - Monitoring and Prevention of Illegal Slaughtering - Directions to Regulatory Authorities - The Central Pollution Control Board was directed to visit every two months and file reports; animal market near slaughter house prohibited; Deputy Commissioner of Police to stop holding of market; MCD to stop illegal slaughtering in Quasebpura and all parts of Delhi; heavy pollution fines to be imposed on polluters including MCD and staff in charge for non-compliance - Held that stringent monitoring and penalty mechanism was necessary to protect environment and public health (Para 10).

E) Workers' Rights - Continuity of Employment and Wages on Closure of Hazardous Industries - Direction No. (9) of Order Dated July 8, 1996 - Workmen of the 168 industries were entitled to continuity of employment at relocated sites, same terms, and full wages during closure period treated as active employment - Held that the contention that closure would render thousands of workers jobless was addressed by these directions, hence no further relief on that ground was required for the slaughter house workers (Paras 6-7).

Whether the order dated July 8, 1996 passed in IA No.22 connected with W.P. (C) No.4677 of 1985 modifies or sets aside the status quo order dated February 19, 1996 passed in connected civil appeals; whether the Idgah Slaughter House can be excepted from the closure direction for 168 hazardous industries; and what relief, if any, should be granted to balance consumer interest and environmental concerns.

• status quo order ceases when basis no longer exists
• balance between environmental protection and public need
• hazardous industries closure
• precautionary principle
• pollution control directions
• conditional permission to slaughterhouse