ORDER

1. Grievance in this application is against inadequacy of regulatory regime by way of Consent mechanism under the Water and the Air Acts to prevent degradation of environment on account of unregulated operation of poultry farms. The matter was earlier governed by Guidelines of the CPCB to all State PCBs/PCCs under the Water and the Air Acts dated 20.12.2015. The applicant approached this Tribunal pointing out the adverse impact of operation of unregulated operation of poultry farms on the environment. This Tribunal, after noting the pollution potential in running of the poultry farms, found the earlier guidelines issued by the CPCB, limiting the regulatory regime only to poultry farms handling more than one lakh birds at a single location, inadequate and need to revisit the same so as to extend such regulatory regime to poultry farms with more than 5000 birds. Order of this Tribunal dated 16.09.2020 in OA No.

681/2017, Gauri Maulekhi v. Union of India & Ors., is as follows:-

(cid:147)16. On due consideration of the matter, we find substance in the submissions of the applicant. Sustainable development is part of right to life.1 The State Authorities are under obligation to protect environment as per sustainable development concept. Responsibilities of the States to the environment are by Public Trust Doctrine2. The Water Act, the Air Act, and the Environment (Protection) Act have been enacted in the wake of international conventions and override all other legislations. They create obligation on the regulatory authorities to enforce the environmental measures. There is no discretion to exempt the mandate of mandate of Water Act for activities having potential to cause water pollution3. It has not been disputed that the operation of poultry farms has potential to damage to the environment which needs to be regulated. Leaving out poultry farms below one lakh birds unregulated by the State PCB and merely requiring registration with the local bodies or treating them at par with the agricultural farms will be against the mandate of sustainable development, which principle is to be enforced by this Tribunal. Likewise, in view of pollution potential in operation of poultry farms except small ones, say upto 5000 birds cannot fall in the (cid:145)Green(cid:146)

category as has been done by the CPCB.

17. Accordingly, we allow this application and direct the CPCB to revisit the guidelines for categorizing the poultry farms as green category and exempting their regulation under the Air Act, Water Act and the EP Act. The CPCB may issue fresh appropriate orders within three months and in if no further order is issued, all the State PCBs/PCCs will require enforcement of consent mechanism under the above Acts after 01.01.2021 for all poultry farms above 5000 birds in the same manner as is being done for farms having more than one lac birds.(cid:148)

2. In pursuance of above, CPCB undertook study of the environment issues in th context of processes involved in the operation of the poultry farms and need to regulate the same. Accordingly, revised guidelines were issued in March, 2021 vide letter dated 2.4.2021, inter alia, as follows:

(cid:147)6.0 Environmental Issues in Poultry Farms 1(1996) 5 SCC 647 Vellore Citizens(cid:146) Welfare Forum v. UOI

21997 (1) SCC 388 M.C. Mehta v. Kamal Nath

3 (1999) 2 SCC 718 & (2001) 2 SCC 62 A.P. Pollution Control Board v. Prof. M.V. Nayudu (Retd.)

& Ors.

The environmental issues associated with poultry farms are as follows:

i. Solid waste (litter, dead birds & hatchery waste)

ii. Air Emissions : Odour due to Gaseous emission (NH3& H2S )&

dust generation iii. Breeding of flies, rodents, etc.

6.1 Solid Waste In poultry farms, the major source of solid generation are as under:

i. Poultry droppings/Manure/Litter ii. Dead Birds &

iii. Hatchery Waste

6.1.1 Poultry Droppings/Litter/manure Two types of waste are produced by poultry farms depending on the rearing system adopted.

 Poultry litter (cid:150) Waste from deep litter sy