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2024 Supreme(Online)(NGT) 3100
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 against polluting activities via closure, prosecution, compensation; relocation from residential areas required to prevent environmental/health hazards.
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, odour, health hazards, and road accidents - CPCB Guidelines (2021) for environmental management of dairy farms and gaushalas mandatory, covering categorization by animal numbers, solid waste (composting, biogas), wastewater (treatment standards), air quality (ventilation, green belts), siting policy (distances from habitations, water bodies), and monitoring by PCBs/PCCs - PCBs/PCCs cannot shift responsibility to local bodies; must enforce closure, prosecution, compensation under ‘Polluter Pays’ principle - Local bodies to maintain inventories, ensure registration. (Paras 1-7)
(B) Siting and Relocation - Dairy farms prohibited in residential/dense areas; must shift outside city limits to designated sites with minimum distances from highways (200m/100m), water bodies (500m), habitations - Development of relocation sites, expeditious shifting, compliance with notices mandatory. (Paras 4, 8-10)
(C) Regulatory Mechanism - Consent to establish/operate required for dairies with 10+ animals; CPCB to monitor compliance via audits every six months; broad compensation regime to be specified; joint committee for enforcement, survey, hearings with operators. (Paras 7, 15-16)
Facts of the case:
Suo moto proceedings initiated on news reports of illegal dairy farms operating in residential areas, violating environmental laws through untreated waste discharge into drains, causing pollution, clogging, health hazards, odour, and road accidents from stray cattle. Local corporation issued notices to 586/635 operators for relocation; partial compliance, environmental compensation realized; action taken report submitted detailing 635 dairies, land allotment, development costs.
Findings of Court:
CPCB Guidelines (2021) binding; immediate enforcement required for waste treatment, siting, monitoring. Committee constituted to enforce compliance, conduct survey, finalize relocation/hearings within time frame. Application disposed of with directions.
Issues: Compliance with CPCB dairy guidelines; responsibility of PCBs/PCCs vs. local bodies; relocation of urban dairies; enforcement against violations causing environmental/health hazards.
Ratio Decidendi: Environmental statutes mandate PCBs/PCCs to act against polluting dairy activities irrespective of local body duties; CPCB guidelines enforceable nationwide with CPCB oversight; relocation essential to prevent hazards, balanced with societal milk needs via designated areas and hearings.
Result: Directions issued for strict compliance, committee formation; Original Application disposed of.
| Table of Content |
|---|
| 1. illegal dairy farms violate environmental laws in bhopal. (Para 1 , 2) |
| 2. prior ngt orders enforce dairy pollution compliance. (Para 3 , 4 , 5 , 6) |
| 3. cpcb guidelines detail dairy waste management standards. (Para 7 , 9 , 10) |
| 4. bmc reports partial compliance and relocation efforts. (Para 8 , 12 , 14) |
| 5. balance dairy operations with public health and safety. (Para 11 , 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 considered the allegation of air, wa
