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2024 Supreme(Online)(NGT) 2830
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 mandatory; PCBs must enforce environmental compliance, close illegal units in residential areas, ensure proper waste management and relocation to prevent pollution and hazards (38 words).
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 - Guidelines for Environmental Management of Dairy Farms and Gausalas issued by CPCB (2021) - Illegal operation of dairy farms in residential areas causing water pollution, air pollution, health hazards, odour nuisance, road accidents and violation of environmental norms - Dairies categorized based on animal numbers requiring consent to operate under Water Act and Air Act - Directions issued for compliance with CPCB guidelines on solid waste management (composting, biogas), wastewater treatment (max 150 litres/day/cattle), air quality management, siting policy (minimum distances from habitations, highways, water bodies), and regulatory monitoring by local bodies and PCBs - PCBs directed to enforce norms, close polluting units, prosecute violators and recover compensation on 'Polluter Pays' principle. (Paras 1-10)
(B) Siting Policy - Dairy farms and gaushalas to be located outside city/village boundaries, away from residential areas, with minimum distances: 200m from national highways, 500m from water bodies/reservoirs - No location in flood-prone areas or shallow groundwater zones to prevent contamination. (Para 10)
(C) Regulatory Mechanism - Local bodies to maintain inventory of dairies, ensure online registration; dairies with 10+ animals require consents from PCBs; regular monitoring, training and carrying capacity assessment mandatory - CPCB to monitor compliance with audit every six months. (Paras 7, 10)
Facts of the case:
Suo moto proceedings initiated based on newspaper reports highlighting illegal dairy farms operating in residential areas, causing environmental pollution, health hazards, road accidents due to stray cattle, improper waste disposal clogging drains and contaminating water bodies. Notices issued to 586 out of 635 dairies for relocation; 23 agreed to shift; development of relocation sites ongoing with budget allocation.
Findings of Court:
CPCB guidelines (2021) binding on States/ PCBs; immediate compliance required for waste management, siting and monitoring; committee constituted to enforce relocation, ensure no health hazards or accidents; application disposed of with directions for strict enforcement.
Issues: Compliance with CPCB guidelines by illegal dairies in residential areas; enforcement by local bodies and PCBs; relocation and waste management to prevent pollution and hazards.
Ratio Decidendi: Environmental laws mandate PCBs to prevent pollution, prosecute violators and recover compensation irrespective of local body duties; CPCB guidelines enforceable for sustainable dairy operations balancing societal needs with public health and safety; relocation outside residential zones essential.
Result: Application disposed of; committee (Collector, Municipal Commissioner) directed to enforce guidelines, finalize relocation with hearings to dairy operators within time frame.
| Table of Content |
|---|
| 1. illegal dairy farms violate pollution laws and cpcb guidelines. (Para 1 , 2) |
| 2. prior ngt orders enforce dairy waste management and pcb duties. (Para 3 , 4 , 5 , 6) |
| 3. cpcb guidelines mandatory for dairy environmental compliance. (Para 7 , 9 , 10) |
| 4. bmc reports progress on dairy relocation and compliance. (Para 8 , 14) |
| 5. balance dairy operations with public health and relocation. (Para 11 , 12 , 13 , 15 , 16) |
| 6. application disposed with committee enforcement directions. (Para 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 consider
