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2024 Supreme(Online)(NGT) 3034
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 environmental management are binding; PCBs/local bodies must enforce waste norms, consents, relocation from residential areas, with closure/prosecution for violations under pollution laws.
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 - Illegal dairy farms in residential areas causing water, air, and soil pollution through improper waste disposal - CPCB Guidelines for Environmental Management of Dairy Farms and Gausalas (2021) mandatory for compliance, categorizing dairies by animal numbers and prescribing solid waste, wastewater, air quality management, and siting norms - PCBs/PCCs and local bodies responsible for enforcement, including closure of polluting units, prosecution, and compensation recovery on 'Polluter Pays' principle - Dairies must be sited outside city limits, away from habitations, highways, water bodies with specified minimum distances. (Paras 1-7, 9)
(B) Regulatory Mechanism - Local bodies to maintain inventory and registration of dairies/gaushalas, SPCBs/PCCs to issue consents for establishments with 10+ animals, conduct regular monitoring, and ensure training - CPCB to oversee compliance through audits every six months and specify compensation regime. (Paras 7, 10)
Facts of the case:
Suo moto proceedings initiated on news reports of illegal dairy operations in residential areas violating environmental laws, causing pollution, health hazards, odour, road accidents from stray cattle, and drain clogging - Local corporation issued notices for relocation to 635 operators, with partial compliance; committee report detailed status, including funds for relocation sites and need for detailed survey.
Findings of Court:
CPCB guidelines binding; immediate compliance required for waste treatment, green belts, registration; dairies to shift outside city limits; committee constituted for enforcement and balanced relocation considering societal milk needs without public health/accident risks.
Issues: Compliance with CPCB dairy guidelines by illegal urban farms; enforcement by pollution boards and municipal authorities; relocation balancing economic utility and environmental/public safety.
Ratio Decidendi: Environmental statutes mandate PCBs to enforce norms against polluting dairies irrespective of local body overlaps; CPCB guidelines provide comprehensive framework for waste management, siting, monitoring - Violation actionable via closure, prosecution, compensation; relocation essential for urban areas with committee oversight for fair implementation.
Result: Application disposed of with directions for strict guideline enforcement, committee formation for relocation and compliance monitoring. (Paras 15-17)
| Table of Content |
|---|
| 1. illegal dairy farms violate pollution laws. (Para 1 , 2) |
| 2. prior judicial directives enforce dairy regulations. (Para 3 , 4 , 5 , 6) |
| 3. municipal actions on dairy relocation ongoing. (Para 8 , 14) |
| 4. committee enforces compliance and disposal. (Para 9 , 11 , 17) |
| 5. cpcb guidelines mandatory for waste management. (Para 10) |
| 6. balance dairy utility with public health. (Para 12 , 13 , 15 , 16) |
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 industries. It was alleged th
