ORDER

1. The issue of illegal construction of Gaushala in Ward no. 79, Jabalpur (M.P.) by the Municipal Corporation, Jabalpur and non-compliance of the guidelines issued by the Central Pollution Control Board has been raised in this application. A report was called by the Madhya Pradesh Pollution Control Board and the Madhya Pradesh Pollution Control Board (R-7) had submitted a reply that Municipal Corporation, Jabalpur has failed to obtain the Consent to Establish from Madhya Pradesh Pollution Control Board before starting the construction activities, as required under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and a notice was issued to the Commissioner, Municipal Corporation, Jabalpur on 31st August, 2020, but, the same has not been complied and no reply has been furnished.

2. The matter was taken up by this Tribunal on 02nd August, 2021 and Commissioner, Municipal Corporation, Jabalpur was directed to comply the guidelines issued by the Central Pollution Control Board and State Pollution Control Board was directed to furnish the compliance report and action taken against the violation of The Water (Prevention and Control of Pollution) Act, 1974 and THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981.

3. Madhya Pradesh Pollution Control Board (Respondent No.7) has filed the reply as follows:

“1. The instant petition has been filed by the applicant alleging illegal construction of Gaushala at Ward No.79, Jabalpur M.P, by the Municipal Corporation Jabalpur, Respondent No. 3. It has been alleged that the policies and guidelines have not been followed for the establishment of Gaushala and the Respondent No. 3 has not obtained consent to establish from the MPPCB under the water (prevention and control of Pollution) Act,7974 and the Air (prevention and control of pollution) Act, 1981.

2. At the outset it is pertinent to note that, in view of the increasing no. of dairy farms in the country and the related environmental issues, the Central pollution Control Board (CPCB) has published "Guidelines for Environmental Management of Dairy Farms and Gaushalas" in July 2020. The copy of the guidelines has been enclosed herewith as Annexure R7-01, in addition to the siting policy, the guidelines provide for the mechanisms required to be adopted for solid waste management, waste water management, air quality management at dairy farms and its regulatory/monitoring mechanism.

3. The officers of MPPCB carried out an inspection of the alleged site on 15.09.2019. The total area of Gaushala is

26.79 hectares wherein the construction work was going for cattle shed admeasuring 28 meters x 161/2 meters and another shed for a godown admeasuring 20 meters x 30 meters. The gaushala falls within the municipal limits but is located at a distance of 300 meters from residential area, 600 meters from Umariya pond, 700 meters from Umariya school, 1.2 km from National Highway, 3 km away from National Law University and about 3.5 km away from canal.

4. However, it is pertinent to note that the Municipal Corporation, Jabalpur has failed to obtain consent to establish from the MPPCB before starting the construction activities as required under the Water (Prevention and Control of pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.

5. That, a show cause notice was issued to the Commissioner, Municipal Corporation Jabalpur on 31.08.2020 for obtaining consent from the MPPCB and following the guidelines issued by CPCB for establishment of dairy farms and gaushalas.

6. As per the information provided by the Municipal Corporation, Jabalpur the development activities at the site had begun in December 2019. A fresh inspection of the site was carried out by MPPCB on 12.01.2021 by officials of MPPCB in presence of the representatives of the Municipal Corporation, Jabalpur.

7. That, after the inspection dated 12.01.2021 another notice was issued to Commissioner, Municipal Cor