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2024 Supreme(Online)(NGT) 661
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, A Senthil Vel, Expert Member
Suo Moto – Appellant
Versus
State of Madhya Pradesh – Respondent
Original Application No.185/2023(CZ)
For the Appellants/Petitioners: None
For the Respondents: Ms. Disha Chowksey, Adv. for Ms. Gunjan Chowksey, Adv., Mr. Prashant M. Harne, Adv. with Mr. Mehul Bhardwaj, Adv.
CPCB guidelines for dairy farms and gaushalas are binding; State PCBs must enforce via consents, closures, prosecutions, compensation; local bodies to inventory/register/relocate illegal residential operations to protect environment and public health.
Headnote:(A) Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986; Solid Waste Management Rules, 2016 - Dairy farms in residential areas - Guidelines for environmental management of dairy farms and gaushalas issued by CPCB (2021) must be enforced by State PCBs/PCCs and local bodies - Dairies categorised based on animal numbers requiring consent to establish/operate for larger units - Siting policy mandates minimum distances from habitations, highways, water bodies - Solid waste (dung) to be managed via composting, biogas, dung wood; wastewater limited to 150 litres/day/cattle with treatment; air emissions controlled by ventilation, green belts - Violations attract closure, prosecution, compensation on ‘Polluter Pays’ principle - CPCB to monitor compliance with six-monthly audits. (Paras 1-10)
(B) Regulatory Mechanism - Local bodies to inventory, register dairies/gaushalas online; PCBs/PCCs to enforce consents, monitor waste management, train stakeholders - Illegal operation in residential areas causes water pollution, air emissions (methane, ammonia), odour, health hazards, road accidents - Relocation outside city limits mandatory with development of allotted sites. (Paras 5-7, 9)
Facts of the case:
Suo moto proceedings initiated on news reports of illegal dairy farms operating in residential areas causing environmental pollution, health hazards, and road accidents due to non-compliance with CPCB guidelines and pollution laws. Notices issued to hundreds of operators for relocation; partial compliance reported with action against specific violators including employee-linked dairy. Committee reports survey needs and development costs for relocation sites.
Findings of Court:
CPCB guidelines binding; immediate enforcement required including waste treatment, siting compliance, green belts; committee constituted for oversight; relocation expedited with hearings for operators.
Issues: Compliance with CPCB dairy management guidelines; enforcement against illegal residential dairies; accountability of pollution boards and local bodies; balancing dairy operations with public health and environment.
Ratio Decidendi: PCBs/PCCs cannot shift responsibility; must close polluting units, prosecute, recover compensation; guidelines address waste, siting, monitoring comprehensively; relocation essential to prevent hazards while recognising societal milk needs.
Result: Application disposed of with directions to committee for enforcement, relocation, compliance within time frame.
| Table of Content |
|---|
| 1. illegal dairies in bhopal violate pollution laws. (Para 1 , 2) |
| 2. prior ngt orders enforce dairy pollution compliance. (Para 3 , 4 , 5 , 6) |
| 3. cpcb guidelines detail dairy waste management. (Para 7 , 9 , 10) |
| 4. bmc reports progress on dairy relocation. (Para 8 , 14) |
| 5. committee enforces cpcb guidelines and relocation. (Para 11 , 15 , 16) |
| 6. balance dairy utility with public health protection. (Para 12 , 13 , 17) |
ORDER
1. Heard the argument and perused the record. The issue relates to the compliance of the guidelines issued by the CPCB for environmental management of dairy farms and Gausala. Times of India News dated 19.12.2023 highlighted the operation of illegal dairy farms in the residential area in the city of Bhopal in violation of the guidelines for Environmental Management of Dairy Farms and Gausalas issued by the CPCB and further violating the Water Pollution (Prevention & Control of Pollution) Act, 1974, Air (Prevention & Control of Pollution) Act, 1981, Environment (Protection) Act, 1986, Solid Waste Management Rules, 2016, the Animal Act, 1971 and Madhya Pradesh Animal Control Act, 1976.
2. It is further alleged that dairy farms are running illegally within the city by the persons who are employed to check and control these illegalities and irregularities and the operation of dairies in dense abadi or the near road are causing fatal accidents on the road and health hazard. It is further alleged that Bhopal Municipal Corporation has repeatedly directed dairy operators to move their cattle outside the city limits but the warning and the notices issued by the Bhopal Municipal Corporation are not taken care of by the dairy owners and they are continuously and regularly violating the rules and that the waste emitted by the livestock is not being disposed of as per the rules, causing pollution in violation of the Water Pollution (Prevention & Control of Pollution) Act, 1974 and the violation of Solid Waste Management Act, 2016, Animal Trespassing Act, 1971, and Madhya Pradesh Animal Control Act, 1976.
3. The matter has been dealt with earlier by this Tribunal and directions have been issued from time to time with a view to enforce the statutory mandate under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 for compliance of environmental norms. Against the order of the Tribunal dated 08.07.2019, Civil Appeal No. 7285/2019 filed by the SDMC was dismissed by the Hon’ble Supreme Court. The issue was also dealt with by the Delhi High Court in Common Cause v. UOI, (2007 SCC Online (Del) 863), wherein Municipal Corporation of Delhi was directed to formulate a licensing policy under Section 417 of the Delhi Municipal Corporation Act, 1957. While issuing such direction, the High Court noticed unsatisfactory state of affairs. The High Court observed that the dairies need to be relocated on account of hazard of stray cattle on the roads and trauma faced by the cattle in the cities on account of traffic. Reference was also made to the filth, squalor, and outbreak of diseases. As a short-term measure, preventive steps were required for hygiene and protection of environment. Our attention has been drawn to a policy framed by the MCD on 17.07.2010 prohibiting keeping of cattle in any premises without license. Authorized dairy areas were specified and standards and measures were also specified. Reference has also been made to the report of an Expert Committee constituted by the Indian Council for Agricultural Research, Government of India, dated 01.11.2016 under the Chairmanship of Dr. Arjava Sharma, Director, ICAR- NBAGR, Karnal. The report dealt with sustainable management of unproductive cattle. The report specifies land requirement, feeding requirement, labour requirement and health management.
4. Vide order dated 01.04.2019, the Tribunal considered the allegation of air, water and soil pollution by the dairy industr
