ORDER

1. This application has been moved with the prayer that a Joint Committee may be constituted comprising CPCB, MPCB and Animal Husbandry Department and be directed to submit a report with respect to compliance of Environmental Guidelines for Poultry Farms, issued by CPCB dated January 2022; further it is prayed that the sheds which do not have Consent to Establish and/or Consent to Operate may be directed to be closed; and the Respondent No. 4/Venky’s India Ltd. Karla VH Group/Project Proponent be directed to pay Environmental Compensation for the environmental nuisance caused by it.

2. In brief the facts of this case are that the Applicant is a Company registered under the Companies Act 1956, involved in the business of hospitality, situated at Gat No. 48, Village Karla, Taluka Maval, Lonavala, Pune- 410 401 and lets out its property for various functions such as Marriage, Social Gatherings and Vacation Homes. The Respondent No. 4/PP is involved in the business of Poultry Farming including breading, hatching, egg production etc., on the land adjacent to the land at Gat No. 39(Part), 45, at Village Karla, Taluka Maval, Lonavala, Pune-410 401. The Poultry Farm is situated at a distance of 50 mtrs. from the residential area of Village Karla. The Respondent No. 4/Project Proponent has not complied with the guidelines issued by the Respondent No. 1/CPCB in January, 2022, pursuant to the order dated 10.12.2021 in Original Application No. 320/2021 (Gauri Maulekhi vs. Union of India & Ors.), which is resulting in environmental nuisance. The Applicant has to face nuisance of flies and bad odor to such an extent that the guests, who are visiting the Resort of the Applicant, are complaining about the same and the same has caused huge business loss to the Applicant.

3. Further, the Applicant had engaged expert agency Rentokil PCI Pest Control Pvt. Ltd., which visited the site on 11.04.2022 and observed that there was a Compost Pit tank at the farm of Respondent No. 4 around which there were Adult Flesh flies; 3 nos. of openings at Compost pits were also found. The said agency also inspected one of the sheds at the farm of Respondent No. 4 and found that lots of house flies were there. Due to nuisance of the flies and mosquitoes, it had become difficult for the people to live around that area, hence the above prayers have been made.

4. This matter was initially heard on 05.07.2022 and notices were directed to be issued to the Respondents.

5. As per the service affidavit dated 30.07.2022, the service of notice was found sufficient on all the Respondents.

6. By our initial order, we had directed the MPCB to visit the site and submit a factual report as to whether any violations of the guidelines were there, pursuant to which an inspection report dated 01.08.2022 was submitted giving following observations, which is quoted here-in below for the sake of convenience:-

“II) Compliance of Environmental Guidelines for Poultry Farm-1) Gaseous emission and Feed mill dust- 1.1 Minimization of odour/gaseous pollution-

 For minimization of gaseous emission of NH3 and H2S proper ventilation system has been provided.

 Litter/droppings is being not stored on site. In case of Broiler operation, the excreta left over the on land within shed is kept dry spreading of rice husk and carrying racking (mixing)operation on daily basis. The droppings/excreta is being transported and lifted by the manure user on completion of poultry cycle. The Broiler cycle is completed within 40 to 45 days.

 In case of Layer farms, the left-over excreta/droppings below the cage is being kept as it is till the batch end & after competition of batch the excreta/droppings are lifted by contractor. The Layer batch is completed in 14-15 months.

 Carcasses/dead birds are being regularly buried in the concrete burial pit having depth of 5 feet (2 feet below GL and 3 feet above GL) with two openings to drop dead birds and same was kept closed.

 The abnormal / objectionable smell was not no