Introduction

The case of Swarup Roy v. State of West Bengal was adjudicated by the National Green Tribunal (NGT), Eastern Zone Bench, Kolkata, on April 22, 2022. The appellants, Swarup Roy and his associates, filed an original application challenging the operations of Feedatives Pharma Private Limited, a poultry farm located in Chhandar Village, Bankura District. The central issue revolved around the poultry farm operating without obtaining the mandatory Consent to Establish (CTE) and Consent to Operate (CTO) as mandated by recent NGT directives aimed at regulating environmental standards in large-scale poultry operations.

Summary of the Judgment

The NGT examined allegations that Respondent No.4, Feedatives Pharma Pvt. Ltd., was operating a poultry farm with approximately 48,000 birds without the necessary environmental consents. The plaintiffs contended that the farm violated specific siting and operational guidelines established by prior NGT judgments, particularly those in Gauri Maulekhi v. Union of India and Dipak Mondal v. Pollution Control Appellate Authority. The tribunal reviewed evidence, including site inspections and compliance reports, concluding that the poultry farm failed to adhere to mandatory environmental norms. Consequently, the NGT directed the State Pollution Control Board to enforce compliance by issuing CTE and CTO, mandated the dismantling of unauthorized structures, and imposed conditions to mitigate environmental impact.

Analysis

Precedents Cited

The judgment extensively referenced two pivotal NGT cases:

• Dipak Mondal v. Pollution Control Appellate Authority (2015): This case established stringent siting criteria for poultry farms, emphasizing their distance from residential areas, water sources, and other critical infrastructures to prevent pollution and health hazards.
• Gauri Maulekhi v. Union of India (2020): This landmark ruling mandated that poultry farms exceeding 5,000 birds must obtain CTE and CTO under the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974. It also directed the Central Pollution Control Board to revise guidelines for categorizing poultry farms and enforce consent mechanisms uniformly.

These precedents form the bedrock of the current judgment, reinforcing the necessity for regulatory compliance in poultry farming to safeguard environmental and public health.

Legal Reasoning

The tribunal's legal reasoning hinged on the statutory obligations outlined in prior judgments and governmental notifications. Key points include:

1. Non-Compliance with Consent Requirements: The respondent operated a large-scale poultry farm without obtaining the necessary CTE and CTO, directly contravening NGT directives from the Gauri Maulekhi case.
2. Violation of Siting Criteria: The farm's proximity to Dhegakend Primary School and residential areas breached the siting standards established in the Dipak Mondal judgment.
3. Environmental Impact: The improper disposal of poultry waste and inadequate waste-water management posed significant environmental risks, necessitating immediate remedial actions.
4. Retrospective Application of Guidelines: Even though the farm was established in 2012, the NGT held that existing operations post-implementation of new guidelines must comply, preventing retrospective exemptions.

These analyses underscored the tribunal's commitment to enforcing environmental regulations unequivocally, ensuring that large-scale poultry operations adhere to contemporary standards.

Impact

This judgment has far-reaching implications in the realm of environmental law and agricultural practices:

• Enhanced Regulatory Compliance: Poultry farms across India, especially those exceeding 5,000 birds, must now prioritize obtaining the necessary environmental consents to ensure uninterrupted operations.
• Strengthened Environmental Protection: By enforcing siting and operational criteria, the judgment contributes to the preservation of public health and environmental integrity, mitigating pollution-related issues.
• Precedential Value: Future litigations involving environmental compliance in agricultural sectors can draw upon this judgment, reinforcing the judiciary's stance on strict adherence to environmental norms.
• Operational Overhauls for Poultry Farms: Existing poultry farms might need to revise their waste management and operational protocols to align with the mandated guidelines, possibly incurring additional compliance costs.

Overall, the judgment fortifies the legal framework governing environmental compliance in agriculture, setting a robust precedent for future adjudications and regulatory implementations.

Complex Concepts Simplified

Consent to Establish (CTE) and Consent to Operate (CTO)

Consent to Establish (CTE): A mandatory approval that poultry farms must obtain before commencing operations. It assesses the proposed site's environmental impact, ensuring compliance with prescribed regulations.

Consent to Operate (CTO): Granted after installation and operational commencement, CTO ensures that the farm adheres to environmental standards during its operation. It is contingent upon the farm's compliance with all set guidelines and conditions.

Siting Criteria

These are specific guidelines dictating where poultry farms can be located. They include minimum distances from residential areas, schools, water bodies, roadways, and other poultry farms to minimize environmental and health impacts.

Environmental Compensation

Financial penalties imposed on entities violating environmental regulations. These funds are typically directed towards remediation efforts or compensating affected parties.

Green Category Industry

Industries classified based on their pollution potential. Green category denotes lower pollution potential, subject to specific regulatory compliances to maintain environmental standards.

Conclusion

The Swarup Roy v. State of West Bengal judgment serves as a critical affirmation of the National Green Tribunal's unwavering commitment to enforcing environmental regulations within the agricultural sector. By mandating obligatory CTE and CTO for poultry farms exceeding 5,000 birds, the NGT not only upholds ecological and public health standards but also sets a stringent compliance benchmark for similar enterprises nationwide. This case underscores the judiciary's proactive role in environmental governance, ensuring that economic activities do not compromise environmental integrity. Poultry farms and other large-scale agricultural operations must heed this precedent, realigning their practices to align with established environmental norms or face potential legal and financial repercussions. Ultimately, this judgment enhances the framework for sustainable agricultural practices, balancing economic growth with the imperative of environmental stewardship.