Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 3677

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 in residential area compliant with environmental norms upon modernisation, ETP installation, waste management, and valid consents; no further directions warranted despite initial violations remedied.

Headnote:(A) Environmental Law - Slaughter houses in residential areas - Supreme Court directions for relocation and modernisation - Operation of slaughter house in residential vicinity - Joint Committee inspection and compliance verification - Modernisation including effluent treatment plant (ETP) construction - Obtaining consent for operation from pollution control board - Payment of environmental compensation for non-compliance periods - No environmental damage established upon monitoring - Application disposed of upon compliance demonstration. (Paras 2, 4-5, 8-25)

(B) Pollution Control - Wastewater and solid waste management - Treatment of effluents via dedicated tankers or on-site ETP - Conversion of solid waste to compost manure - Regular monitoring of water, air, wastewater parameters within standards - Recommendations for blood coagulator, green belt development, infrastructure improvements - Partial compliance accepted with directions for further measures. (Paras 6, 9-15)

Facts of the case:
Petitioners complained of slaughter house operating in residential area violating Supreme Court relocation orders, causing environmental and health damage from daily slaughtering. Joint Committee verified ancient facility undergoing modernisation with treatment facilities; official reports confirmed compliance, valid consents, effluent treatment, waste management, and no contamination.

Findings of Court:
Slaughter house complies with environmental norms; ETP operational, effluents treated and reused; solid waste converted to manure; water and air quality within standards; environmental compensation paid; no further directions required.

Issues: Whether slaughter house operation violates environmental laws and Supreme Court orders; adequacy of pollution control measures including wastewater/solid waste management; compliance status post Joint Committee recommendations.

Ratio Decidendi: Where official reports and monitoring confirm compliance with consents, treatment facilities, and standards despite residential proximity, no continuing violation exists; modernisation efforts and remedial actions suffice to dispose application without further orders.

Result: Original Application disposed of.

Table of Content
1. petitioners complain about slaughterhouse in residential area (Para 1 , 2 , 3)
2. joint committee verifies ancient slaughterhouse operations and compliance (Para 4 , 5 , 6)
3. joint committee recommends infrastructure and waste management improvements (Para 7)
4. appcb reports modernization, etp progress, and compensation payment (Para 8 , 9 , 10 , 11 , 12 , 21 , 22)
5. cpcb notes partial compliance and suggests further improvements (Para 13 , 14 , 15)
6. municipal corporation affirms full environmental compliance (Para 16 , 17 , 18 , 19 , 20)
7. court finds compliance; application disposed without directions (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 9^th 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

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2024 Supreme(Online)(NGT) 3677

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)Pushpa Sathyanarayana, Judicial Member, Satyagopal Korlapati, Expert MemberBachu Naga Venkatewara Rao – AppellantVersusState of Andhra Pradesh – RespondentOriginal Application No. 114 of 2023 (SZ)

Slaughter house in residential area compliant with environmental norms upon modernisation, ETP installation, waste management, and valid consents; no further directions warranted despite initial violations remedied.

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)