The right to a clean environment is a fundamental right under Article 21 of the Constitution, and compliance with environmental regulations is mandatory to ensure public health and safety.

JUDGMENT

BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

1. Applicant Sandeep Kumar has invoked jurisdiction of this Tribunal by filing this Original Application (hereinafter referred to as ‘OA’) under Sections 14 and 15 read with 18 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) particularly against M/s Royal Layer Poultry Farm, impleaded as respondent 5 (hereinafter referred to as ‘project proponent’), complaining that it is operating poultry farm illegally, unauthorizedly and in violation of environmental laws relating to consent and even otherwise causing damage to environment polluting air. It is also said that the siting criteria for establishment of poultry farm has been deviated/violated by the project proponent in establishing its poultry farm.

2. The applicant, in brief, has stated in the OA that he is a resident of village Dakhodi, Jamalpur District Shamli, State of Uttar Pradesh and enjoy right of clean environment i.e., clean water, clean air etc. enshrined under Article 21 of the Constitution. Respondents 1 to 4 i.e., State of Uttar Pradesh through Chief Secretary; Central Pollution Control Board (hereinafter referred to as ‘CPCB’); Uttar Pradesh Pollution Control Board (hereinafter referred to as ‘UPPCB’) and Collector, Shamli are authorities holding responsibility of protection and improvement of environment and compliance of the environmental laws. Respondent 5- project proponent is a poultry farm classified as ‘green’ under the classification of industrial sectors by CPCB. The poultry farm of respondent 5 is situated in village Dakhodi, Jamalpur, Thana Bhawan, Janpad Shamli which is at a distance of 200 meters, east from the residential zone of applicant’s village Chandenamal and 800 meters north from the population of applicant’s village Dakhodi, Jamalpur. Poultry farm of respondent 5 causes an intolerable pungent smell and flies spreading in the atmosphere. The presence of foul smell and large amount of flies has been felt by the applicant due to close proximity of poultry farm of respondent 5 with the residential zone of applicant’s village. Continuous presence of all odour, toxic gases and flies in the air causes multiple diseases to human population of applicant’s villages and domesticated animals. Flies made it unbearable for every villager to live and work in their agricultural fields. Foul odour emanates from undisposed dead birds, littering in the poultry farm of respondent 5 and badly affects the villagers. It also affects the growth and development of infants and children. Old people are facing respiratory problems leading to aggression and despair in the entire affected area and all these activities causes infringement of applicant’s fundamental Right of Life and Liberty which includes a clean environment under Article 21 of Constitution of India. The applicant has lodged complaints against the illegal operation of poultry farm by respondent 5. On the complaint of the applicant, UPPCB conducted an inspection on 24.03.2023 on the premise of respondent 5. The inspection Report submitted by Regional Officer, UPPCB, Muzaffarnagar along with its letter dated 09.05.2023 is annexure A1 at page 30. The letter of 09.05.2023 says that the poultry farm is at a distance of 200 meters from abadi and has capacity of 40,000 birds. It was being operated without obtaining any consent under Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘Air Act, 1981’) and Water (Prevention and Control of Pollution) Act, 1974 (hereinafter ref