Nuggehalli Jayasimha vs Government of NCT of Delhi

The application has been filed in a decided matter with following main prayer:-

“Clarify/modify the final order dated 08.10.2020 to make it clear that it not mandatory for Gaushalas running as charitable institutions on donated lands to obtain consent to establish and consent to operate under Water Act, 1974 as well as Air Act, 1981 as per the categorization of industries in Orange and Green Category, respectively.”

Order of this Tribunal dated 08.10.2020 in O.A. No. 46/2018, Nuggehalli Jayasimha vs. Government of NCT of Delhi dealt with the issue of enforcement of environmental norms in functioning of dairies. The Tribunal noted that unscientific management of solid and liquid waste in the dairies adversely impacts air and water quality which in turn adversely affects public health. Such activities thus require regulation for enforcement of environmental norms including siting policy, safeguards for disposal of waste etc.

The order is reproduced below:-

“1. The issue for consideration is the enforcement of environmental norms in functioning of dairies. The Tribunal earlier considered the grievance that unscientific management of solid and liquid waste from such dairies, by dumping such waste in drains or in open generates Ammonia and Nitrogen oxides in the air and nitrate in soil and ground water. The odour from dairies negatively impacts the air quality. Ammonia is wafted into the air from manure lagoons. Gases known as volatile organic compounds are created by the huge piles of feed. The foul smell from the dairy causes migraine and headache. People have no option but to inhale the impure/foul air present in the atmosphere. In the light of inspection reports dated 04.12.2015 and 15.12.2015, prepared by the Animal Welfare Board of India, it was noted that there was rampant use of Schedule H drugs, oxytocin injections, syringes, plastic bottles and other veterinary drugs etc. which are disposed of improperly and in unscientific manner, in violation of Bio-medical Waste Management Rules, 2016. The dairies were not following waste management practices. There was violation of Food Safety and Standards (Licence and Registration of Food Businesses) Regulations, 2011.

The Tribunal issued directions for enforcement of norms against which Civil Appeal No. 7285/2019, filed by the SDMC, was dismissed by the Hon’ble Supreme Court. The Tribunal referred to the judgement of 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. 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 was 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, ICARNBAGR, Karnal. The report dealt with sustainable management of unproductive cattle. The report specifies land requirement, feeding requirement, labour requirement and health management. The Tribunal also noted various articles on the subject1 which highlight adverse consequences on the environment due to illegal and unscientific dairy activities. It was also observed that there was violation of various provisions of the Delhi Municipal Corporation Act, 1957.

The stand of the Delhi Pollution Control Committee (DPCC) that it was not concerned with the subject was rejected in view of statutory provisions of the Water (Prevention and Control of Pollution) Act, 1974, (Water Act), the Air (Prevention and Control of Pollution) Act, 1981 (Air Act) and Environment (Protection) Act, 1986 and rules framed thereunder.

The matter was last considered on 20.05.2020 in the light of report of the CPCB dated 12.05.2020 giving relevant data and compliance status. The CPCB also mentioned draft of the Guidelines issued for enforcement of the environmental norms. The Tribunal observed:-

“13. We are of the view that the guidelines proposed may be finalized and enforced as per the mandate of the statute which will bind the States PCBs/PCCs. Compliance thereof may be monitored by the CPCB. The CPCB may evolve appropriate monitoring mechanism in this regard, including a provision for audit of compliance atleast once in six months.

With regard to siting policy, atleast minimum distance must be specified from habitations, water bodies, etc. as well as inter-se distance of such establishments, consistent with the carrying capacity of the area, as may be necessary for protection of environment. Needless to say that any violation of environment norms 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 has to be dealt with by the concerned PCB/PCC/Local Body by way of stopping polluting activities, recovering compensation and initiating prosecution. It will be appropriate that broad and indicative compensation regime is expressly specified by the CPCB. While local bodies may undertake the exercise of preparing inventory as per applicable Municipal law, the State PCBs/PCCs must also not avoid their responsibility of enforcing the mandate of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.

“Delhi is major contributor of population in Yamuna” published in “The Hindu” dated17.04.2007, “Feeding on plastic poses high risk to lives, output of stray cattle” published in “Indian Today” dated 08.05.2017, “Serious farm population breaches rise in UK-and many go unprosecuted” published in “Guardian” dated 21.05.2017, “How growth in Dairy is affecting the environment” published in “The New York Times” dated01.05.20015 and “Stray cows clog South Delhi roads” published in “The Times of India” dated 05.08.2012 and research papers titled “Nitrogen pollution by dairy cows and its mitigation by dietary manipulation”, “Impact of Dairy Effluent on Environment-A Environmental Science and Engineering (Subseries: Environmental Science)”, apart from other documents and photographs.

Guidelines may be finalized and issued by the CPCB within one month from today. Compliance reports be sought from the State PCBs/PCCs within two months thereafter. A consolidated report based on the information received may be filed by the CPCB on or before 30.09.2020. Report be sent by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image/PDF.”

Accordingly, a further report dated 01.10.2020 has been filed by the CPCB to the effect that the Guidelines have been finalized on 05.06.2020. The same have been uploaded on the website and circulated to all the State PCBs/PCCs. The Guidelines deal with solid waste management, water waste management, air quality management, siting policy and regulatory/monitoring mechanism. We consider it appropriate to quote extracts dealing with the Siting Policy and Regulatory/Monitoring mechanism:

“4. Siting Policy:

The siting criteria will be applicable for new establishment, however, the existing establishments should take appropriate pollution control measures as per the guidelines. The siting policy for dairy farms and gaushalas are as follow:

i. Dairy farms and gaushalas should be located outside city/village boundaries, atleast 200 meters away from residential dwellings and 500 meters away from hospitals & schools.

ii. Dairy farms and gaushalas should not be located in flood prone areas, subject to flooding at 1-in-25-year or more frequent levels in order to avoid contamination of water bodies.

iii. Dairy farms and gaushalas should not be located in areas with shallow groundwater depth of about 10 to 12 feet and in particular in alluvium areas in order to avoid groundwater contamination.

iv. Dairy farms and gaushalas may be allowed to follow minimum distance criteria given below which may be subject to vary with the local conditions:

a. National and State Highways: 200 meters from National Highway and 100 meters from State Highway in order to avoid odour nuisance and road accident caused due to cattle.

b. Major drinking water reservoir on catchment side: 500 meters in order to avoid water contamination due to leakages/spillages from the dairy farms and gaushalas.

c. Drinking water source like wells, summer storage tanks, other tanks (drinking water): 100 meters in order to avoid water contamination.

d. Major watercourses like River and Lake: 500 meters in order to avoid water contamination.

e. Canals: 200 meters in order to avoid water contamination.

f. Inter-se distance between two establishments should be atleast 5 meters for ventilation. Each unit should provide atleast 2.5 meters from each side and develop the green belt.

Regulatory/ Monitoring Mechanism:

i. The local authorities/corporations should carry out inventory of the dairy farms and gaushalas located in their jurisdiction in the modified inventory proforma given at Annexure-A. The same should be updated and shared with the concerned SPCB/PCC on annual basis (calendar year wise).

ii. The local bodies/municipal corporations shall publish a public notice in newspapers and on their website for registration of dairy farms and gaushalas as per municipal law. The registration may be done preferably through online mode and same may be displayed at their websites.

iii. The SPCBs/PCCs shall publish a public notice for dairy farms and gaushalas to obtain consent to establish and consent to operate under Water Act, 1974 as well as Air Act, 1981 as per the categorization of industries. CPCB issued directions on 10.07.2020 under Section 18(1)(b) of the Water (Prevention & Control of Pollution) Act, 1974 and the Air (Prevention & Control of Pollution) Act, 1981 regarding classification of Dairy Farms and Gaushalas into Orange and Green Category, respectively.

v. The SPCBs/PCCs/local bodies/municipal corporations shall upload the environmental guidelines and Form-A for compliance status of environmental guidelines on their website and also circulate to all the dairy farms and gaushalas. The compiled status of compliance in the form of report shall be submitted once in six months by SPCBs/PCCs to CPCB for Audit purpose. The concerned SPCBs/PCCs/local bodies/corporations should monitor the dairy farms and gaushalas on regular basis to ensure the proper disposal of cattle dung and wastewater to check compliance of environmental norms. The SPCBs/PCCs will considered the carrying capacity of the surroundings while allowing a new establishment and laying down the environmental norms.

vi. The SPCBs/PCCs shall carry out environmental audit of atleast 2 dairy farms and 2 gaushalas, randomly selected from each district of the state/UT and submit the compliance and action taken report to CPCB on half yearly basis.

vii. CPCB shall carry out environmental auditing of 4 dairy farms and 4 gaushalas in each state/UT, randomly selected based on the information received from SPCBs/PCCs on annual basis.

viii. In case of any violation of environmental norms under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and Environmental (Protect) Act, 1986 by dairy farms and gaushalas, the concerned SPCBs/PCCs should impose environmental compensation as per the CPCB methodology for "Environmental Compensation to be levied on Industrial Units", for damaging the environment and in order to stop polluting activity and initiate prosecution for repeatedly polluting units.

ix. SPCBs/PCCs should provide training and consultation to the Gram Panchayat for implementation of guidelines in their jurisdiction. Gram Panchayat should ensure the implementation of the guidelines by dairy farms and gaushalas falling under their jurisdiction for handling and management of the wastes.

x. Hands on practical trainings on environment/waste management & treatment technologies, scientific feeding for enteric methane reduction, waste to wealth management programme, etc. should be provided to dairy workers/entrepreneurs by the local bodies/SPCBs/PCCs on regular interval.”

Shri Raj Panjwani, learned Senior counsel appearing for the applicant has made some pertinent observations and submissions about the report contained in the written note filed. The CPCB may consider the same and if necessary, also have oral interaction with Shri. Panjwani on telephone/video conference, as agreed to by him. In the light thereof, suitable changes may be made and either the Guidelines may be suitably revised considering all the points or a corrigendum may be issued. This exercise may be completed within one month. Thereafter, the CPCB may forward the finalized Guidelines for compliance to the Chief Secretaries of all the State/UTs and the State PCBs/PCCs. The State PCB/PCCs and all other statutory authorities may strictly follow the Guidelines and take remedial action wherever any violation comes to the notice of such authorities. The CPCB may also develop an App, if not already done, for redressal of any grievances relating to violation of such norms and such App may be circulated to the general public. The CPCB may also monitor this aspect from time to time.

The Application is disposed of.

A copy of this order be sent to the CPCB by email for compliance.”

According to the applicants in MA such requirement cannot be applied to charitable Gaushalas governed by the Rajasthan Gaushala Act, 1960. Further, such requirement is against right of religion.

We have heard learned Counsel for the applicant in Miscellaneous Applications and considered the contention.

We are unable to accept the submission. There is no violation of right of Religion or right of Charitable Institutions merely by complying with the environmental norms in running of Gaushalas, in the interest of public health. There can be no challenge to the environmental laws nor such challenge has been made. The Tribunal is bound to enforce ‘sustainable development’ and ‘precautionary’ principles and safeguard against unregulated activities having adverse impact on environment. We are neither opposed to functioning of Gaushalas nor religious rights. All that we have directed is compliance of environmental norms to which there can possibly be no valid objection.

Accordingly, we are unable to accept the prayers in the applications which will stand disposed of.