Gaushalas operating without pollution consents, violating CPCB waste management/siting guidelines, and causing environmental degradation strictly liable under Polluter Pays Principle for compensation and remediation regardless of ignorance of law.

ORDER

1. The allegation of the Applicant in the present Original Application is that the Respondent No.7 is illegally operating a ‘Gaushala’ in the name and style of ‘Suravi Sadan Gaushala’ under the Rajasthan Gokalyan Trust, Respondent No.8.

2. It is alleged that the said Gaushala Unit of Respondent No.7 operated by Respondent No.8, both hereinafter referred to as the Project Proponent, is operating for several years without a valid Consent to Establish and Consent to Operate from the West Bengal Pollution Control Board.

3. It is also alleged that the Respondent No.7 Unit is operating in violation of the provisions of ‘Guidelines for Environmental Management of Dairy Farms and Gaushalas’ published by the Central Pollution Control Board in July, 2021 (hereinafter referred to as the Guidelines, 2021).

4. It is further alleged that the Respondent No.7 Gaushala is located within 60 meters and 80 meters from residential dwellings and schools instead of being located beyond 100 meters from the residential areas and, therefore, its siting is in violation of the Guidelines, 2021.

5. The allegation of the Applicant further is that dung and fodder residue are washed into the drains leading to clogging of the drains. It is stated that as per the Central Pollution Control Board Notification dated 07.03.2016, ‘Dairy Farm’ is listed under ‘Orange’ category and the requirement of obtaining Consent to Establish and Consent to Operate under the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974, are mandatory for Red, Orange and Green category industries.

6. It is further stated that the Applicant had moved a RTI application before the West Bengal Pollution Control Board vide his letter dated 12.05.2023, seeking information regarding Consent to Establish and Consent to Operate granted to the Respondent No.7, Suravi Sadan Goshala, but the reply in response thereto dated 23.06.2023 merely states that ‘no information is available regarding the matter’.

7. At the time of admission, this Tribunal constituted a fact finding Committee comprising of the following Members:-

(i) Senior Scientist, West Bengal Pollution Control Board,

(ii) Senior Scientist, Central Pollution Control Board, and 

(iii) District Magistrate, North 24 Parganas, or his nominee not below the rank of Additional District Magistrate, 

8. The Committee was required to visit the site in question and submit its report with regard to the allegations made in the Original Application and in case violations were found, the Committee was also required to suggest remedial measures as well as determine Environmental Compensation.

9. Along with the Original Application, the Applicant has filed photographs (Annexure-A/2), showing extremely filthy and unhygienic condition existing in the Suravi Sadan Gaushala, Respondent No.7, and the waste discharged therefrom.

10. Along with the Original Application, copy of the Central Pollution Control Board directions dated 07.03.2016 (Annexure-A/3) in the nature of ‘Final Document on Revised Classi