Siting criteria for poultry farms requiring 500m from residential zones applies independently of bird count thresholds for registration, prioritizing right to clean environment over non-compliant operations.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this writ petition, the petitioner has inter alia prayed for the following reliefs:-

“(ⅰ). That writ of certiorari may kindly be issued. quashing and setting aside the impugned Letter dated 15.07.2024 (Annexure P-17) alongwith inspection note dated 25.04.2024, letter dated 22.07.2024 alongwith inspection report dated 13.07.2024 (Annexure P-18) and letter dated 20.08.2024 alongwith inspection report dated 06.08.2024 (Annexure P-19) and order dated 29.08.2024 (Annexure P-20).
(ii) That writ of mandamus may kindly be issued, directing the respondent authorities to immediately close the poultry farm being run by Respondent No. 7 at the distance of about 10 meters from the Well, about 50 meters from the house of the petitioner in Village Pathiar (Chatth), Post Office Behi Pathiar, Tehsil Jawali, District Kangra, H.P. and less than 5 meter from the link road of the village, in a careless manner and without following the Environmental Guidelines for Poultry Farm.
(iii). That heavy penalty may kindly be imposed upon the Respondent No. 7, since the Respondent No. 7 is running the poultry farm in contravention to the Environmental Guidelines for Poultry Farm, due to which the petitioner and other residents of his village are compelled to live miserable life.
(iv). That strict action may kindly be taken against the Respondent No. 7 for running the Poultry Farm in gross violation of the law as well as against the conditions set by the Pollution Control Board.”

2. Brief facts necessary for the adjudication of this petition are that according to the petitioner, he is a resident of village Pathiar (Chatth), Post Office Behi Pathiar, Tehsil Jawali, District Kangra, H.P. He is an Ex-servicemen. Respondent No. 7, who is stated to be a man with criminal history, obtained a no objection certificate dated 08.07.2018, from respondent No. 6 for opening a Poultry Farm in contravention to the guidelines, by appending fraud signatures of one Smt. Laja Devi and Surender in the General House meeting and he has opened a Poultry Farm contrary to the guidelines which were in vogue for opening such a Poultry Farm. According to the petitioner, respondent No. 7 has opened Poultry Farm, 50 metres away from his house, whereas the minimum distance of a Poultry Farm has to be 500 meters from a residential zone and 100 metres from any drinking water source. It is further the contention of the petitioner that despite objections having been raised in this regard, the authorities are not taking appropriate action against respondent No. 7 so as to close the Poultry Farm in issue. It is further the contention of the petitioner that respondent No. 7 and his family members have threatened the petitioner with dire consequences on his objecting to the running of the Poultry Farm, in violation of the guidelines.

3. Learned Counsel for the petitioner submitted that the Poultry Farm has been set up by the private respondent 50 metres away from the residential area, in violation of the guidelines which govern the opening of Poultry Farms. Learned Counsel further submitted that despite the fact that the petitioner and other persons have raised the issue with the concerned authorities, all are turning a deaf ear because of the influence of the private re