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2024 Supreme(Online)(NGT) 4958
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
SUDHIR AGARWAL, J, DR. ARUN KUMAR VERMA, ACJ
Milan Kunda and Ors. – Appellant
Versus
State of West Bengal & Ors. – Respondent
Original Application No. 129/2024/EZ | Earlier O.A. No.141/2024/PB
For the Appellants/Petitioners: Mr. Abhinaba Dan
For the Respondents: Mr. Krishnendu Bera, Mr. Ayush Kumar Dadhich
The operation of poultry facilities under 5000 birds is not governed by strict poultry farm regulations, impacting environmental compliance standards.
Headnote:This Original Application pertains to the environmental impact of a poultry farm, as per the Supreme Court’s precedent in Municipal Corporation of Greater Mumbai vs. Ankita Sinha (2022). The court found that the establishment aligns with lesser restrictive criteria since it operates below the threshold of 5000 birds and does not qualify as a poultry farm under regulations. The court upheld that no statutory violations occurred, specifically regarding the absence of valid trade licensing for poultry, hence adjudicating no further orders were deemed necessary. The Tribunal determined that operations do not breach environmental laws, leading to the conclusion to dispose of the OA.
| Table of Content |
|---|
| 1. court observations on legality and adherence to siting criteria. (Para 1 , 5 , 6 , 12) |
| 2. investigation of poultry farm operation and impacts on environment. (Para 2 , 3 , 4) |
| 3. arguments regarding trade licenses and environmental compliance. (Para 10 , 11) |
| 4. determination on necessity for additional orders based on findings. (Para 13) |
| 5. final decision on the matter. (Para 14) |
ORDER
1. This Original Application (hereinafter referred to as ‘OA’) was registered on a letter petition dated 07.09.2023 sent by Milan Kunda and others, taking cognizance thereof, in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha , (2022) 13 SCC 401 .
2. The complainants have said that they are residents of Village and Post Office-Janta, Police Station-Bishnupur, District-Bankura, State of West Bengal. One Manik Kundu Sio Late Nimai Kundu is running a poultry farm in the village near Durga Mata Temple, Mansa Mata Temple and Aathchala (hollyshed where religious programs conducted). There is also a tube-well near the poultry farm. Poultry farm releases bad smell causing air and also causing soil and water pollution. The poultry farm is running without following siting criteria mentioned in Notification of Central Pollution Control Board (hereinafter referred to as ‘CPCB’) dated August 2021 and Memorandum dated 10.01.2022, Department of Environment, Govt. of West Bengal’s instruction on ‘Poultry Farm’ dated 18.07.2016 read with West Bengal State Pollution Control Board’s (hereinafter referred to as ‘WBSPCB’) Memorandum dated 27.01.2022.
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3. Tribunal while taking cognizance of the matter on 22.04.2024, constituted a Joint Committee to verify factual position and take remedial action. The Committee was comprised of representatives of WBSPCB, District Veterinary Officer, Bankura (hereinafter referred to as ‘DVO, Bankura’) and District Magistrate, Bankura (hereinafter referred to as ‘DM, Bankura’).
4. Pursuant to order dated 22.04.2024, an inspection was conducted by Joint Committee and its Report is on record as annexure R-4 at page 45 along with the affidavit of DVO, Bankura (respondent 3). Report says that the unit under scrutiny is not a ‘poultry farm’ in true sense, but a stock shed with feeding arrangement for adult broiler birds only to be sold in live state, on wholesale basis, to chicken meat selling outlets. Hence, here, no rearing/raising of chicks upto adult stage is done. Stocking/storage capacity of the shed is much less than 5000 broiler birds at a time. Though, characteristic odour of broiler shed was felt within 15 metres of the shed under scrutiny whose size is 40 ft. (cid:215) 20 ft. but no littering outside the shed was seen to have been done by the unit. The entire observations and other relevant information given in the inspection Report read as under:
selling outlets. Here, no rearing/raising of chicks upto adult stage is done. The shed measures about 40’ x 20" in area with an asbestos roof and cement brick wall at one end and wire-netting on the other three sides for adequate ventilation. Saw-dust was seen to have been laid on the floor of the shed to absorb bird droppings. Stocking/storage capacity of the shed is much less than 5000 broiler birds at a time. During inspection, characteristic odour of broiler shed was felt within 15 metres of the shed under scrutiny. No littering outside the shed was seen to have been done by the unit. A tubewell exists within 10 metres of the north- east corner of the broiler shed. Residence of the main complainant Sri Milan Kundu lies on the west of the shed at a distance of about 125 metres away. The proprietor’s residence happens to be on the same side at much nearer distance of about 70 metres. | |
| Other relevant information | During inspection, both Sri Manik Kundu (proprietor) and Sri Milan Kundu (chief complainant) were not available. One of the other complainants, Sri Sanjoy Dhuan, was spoken to who informed that he is at no inconvenience d |
