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2024 Supreme(Online)(NGT) 2292

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapati, Expert Member
Bachu Naga Venkatewara Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
Original Application No. 114 of 2023 (SZ)



Advocates:
For Applicant(s): None
For Respondent(s): Mrs. Madhuri Donti Reddy for R1, R2, R4 & R5, Mr. D. S. Ekambaram for R3

Slaughter house compliant with environmental norms via modernisation, ETP, waste management, and consents; no violations warranting directions where official reports confirm standards met and compensation paid.

Headnote:(A) Environmental Law - Slaughter house operation in residential area - Violation of Supreme Court orders for relocation and modernisation - National Green Tribunal application alleging environmental and health damage from slaughtering 1000 animals weekly - Joint Committee constituted to verify compliance with pollution control norms and waste management. (Paras 2, 4)

(B) Pollution Control - Consent for Operation, Effluent Treatment Plant, Solid Waste Management - Slaughter house obtained periodic consents despite prior closure orders; modernisation including 10 KLD ETP 70% complete with wastewater transport to external facility and solid waste converted to manure; water/air quality within standards, no odour or contamination observed. Environmental Compensation levied and paid for operating without valid consent. (Paras 5-14)

Facts of the case:
Residents filed letter petition transferred as Original Application complaining of slaughter house in residential area causing environmental damage and health hazards, violating Supreme Court relocation orders. Joint Committee inspected, noted ancient facility (1945) under modernisation per Supreme Court directives, with effluent/solid waste management measures implemented. Pollution Control Board reports confirmed compliance with monitoring standards post-ETP installation, despite temporary consent lapses.

Findings of Court:
Slaughter house complying with environmental norms through ETP, waste management, periodic sampling within limits, and payment of Environmental Compensation; no ongoing violations or damage established; CPCB suggestions for improvements noted but not warranting further directions.

Issues: Whether slaughter house operation in residential area violated environmental laws and Supreme Court orders; adequacy of pollution control measures including effluent treatment, solid waste disposal, and compliance with consents.

Ratio Decidendi: Where reports from Joint Committee, Pollution Control Boards, and Municipal authorities demonstrate compliance with modernisation, waste treatment, and emission standards, with no evidence of environmental damage, no further directions required despite initial allegations. (Paras 23-25)

Result: Original Application disposed of.

Table of Content
1. petition against slaughterhouse in residential area (Para 1 , 2 , 3)
2. joint committee verifies ancient slaughterhouse operations (Para 4 , 6)
3. modernization and waste management compliance efforts (Para 5 , 7)
4. appcb reports confirm consent and monitoring compliance (Para 8 , 9 , 10 , 11 , 12 , 21 , 22)
5. cpcb notes partial compliance and improvement suggestions (Para 13 , 14 , 15)
6. municipal corporation affirms full environmental compliance (Para 16 , 17 , 18 , 19 , 20)
7. slaughterhouse compliant; application disposed (Para 23 , 24 , 25)

JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. This Original Application was based on a letter petition transferred from the Principal Bench of this Tribunal and numbered as O.A. No. 114 of 2023. The petitioners are resident of Eluru District where the Eluru Municipal Corporation slaughter House is located.

2. The complaint of the petitioners is that the Eluru Municpal Corporation is running a slaughter house in Town Survey No. 1707/3 in residential area of 9th Division, Madepalli Road, Bhimavaram Road Eluru, West Godavari District, Andhra Pradesh in violation of the Hon’ble Supreme Court order for relocation of slaughter houses located in close proximity to residential area.

3. It is alleged that on every Sunday about 1000 Sheeps and Goats are slaughtered in the slaughter house causing serious damage to the environment and the health of the inhabitants.

4. On going through the allegations, the Principal Bench had constituted a Joint Committee comprising of Central Pollution Control Board (CPCB), State Pollution Control Board and Collector, West Godavari District to verify the factual position and to look into the grievances of the applicants and take remedial action in accordance with law.

Accordingly the Joint Committee filed a report dated 29.07.2022. It is stated in the Joint Committee report that the existing slaughter house is very ancient established before independence in the year 1945. It was also informed that earlier the facility was created by the Municipality for containment of pollutants to prevent open slaughtering of Goats and Sheeps and further spreading of excretes hooves and solid waste throughout municipal areas for safe public health. As per order of the Hon’ble Supreme Court of India in W.P No. 309 of 2003, the Eluru Corporation obtained Consent for Operation (CFO) from Andhra Pradesh Pollution Control Board.

5. It is further stated that the Eluru Municpal Corporation is complying with the order of the Hon’ble Supreme Court of India dated 23.08.2012 in W.P. (Civil) No.309/2003 in terms of modernisation of existing slaughter house facility including treatment facilities. 70% of works were completed and remaining would be completed by 30.09.2022. Further, the Municipal Officers informed that they made an agreement with M/s.Laham Foods for treatment & disposal of waste water. The Solid Waste (dung waste) is being managed by the Municipal Corporation and converting as manure at Municipal Facility located at Ponangi Area.

6. The observations made by the Joint Committee are as follows:

a. The Eluru Municipal Corporation (EMC) owned a Manual Slaughter House to slaughter Goat /Sheep – 150 Nos / Day and is located at 10th Division, Madepalli Road, Eluru, Eluru District (previously West Godavari District). The facility is having total land of 1.50 Acres under Municipality possession. The constructed area is 0.75 Acres in two buildings, where the process takes place. Vacant land is available 0.75 Acres.

b. The same is operated and maintained by the Eluru Butchers Association on Annual Contract basis. The health of the animal is certified by the Municipal Corporation.

c. The Slaughter House is surrounded by CC Road followed by residential houses on northern side, Eluru to Kaikaluru Road on southern side, animal lairage followed by residential houses on eastern side and petitioner vacant land followed by residential houses on western side.

d. N

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