- Bookmark
- Share
- CaseIQ
Kulwinder Singh Sandhu v. Ram Murti
Neutral Summary of the Tribunal Opinion (Ladhowal, Ludhiana — Carcass Disposal)
Factual and Procedural Background
By an order dated 24.05.2019 this Tribunal directed the Central Pollution Control Board (CPCB), the Punjab Pollution Control Board (PPCB/State PCB) and the District Magistrate, Ludhiana to file factual and action-taken reports concerning allegations of crude and unscientific carcass disposal at Village Ladhowal, District Ludhiana, Punjab by Respondent Nos. 1 to 5 (named as Ram Murti, Ramesh Kumar, Suraj Kumar, Parshotam Lal and Munish Kumar).
The matter was considered on 10.10.2019 in light of a report dated 15.09.2019 submitted by the State PCB. That report and the joint committee findings recorded extremely high pollutant parameters in effluent and river water (for example, BOD in the drain leading to River Satluj measured at 1650 mg/l against a norm of 30 mg/l and COD at 3881 mg/l against 250 mg/l), concluded that untreated effluents were being discharged into the River Satluj and assessed environmental compensation (the report mentioned compensation assessed to be more than Rs. 11 Crores).
The joint committee recommended relocation of the Hadda Roddi activities and establishment of a scientifically developed carcass plant; Municipal Corporation Ludhiana proposed a project at Noorpur Bet and an LOI was noted as issued on 01.07.2019 with an anticipated operational date (Municipal Corporation indicated the plant would be fully operational by August 2020). The Tribunal directed further action by the State PCB and other authorities, and asked CPCB to compile information from all State Boards/PCCs.
Subsequent filings included a State PCB report dated 14.01.2020 stating that notices for recovery of environmental compensation of Rs. 2,28,12,000/- had been issued in respect of each of the five Hadda Roddi units, and a CPCB report dated 15.01.2020 setting out observations on carcass disposal methods across States/UTs and recommendations for best practices and guidelines.
Legal Issues Presented
- Whether the crude and unscientific carcass disposal by the Hadda Roddi units at Ladhowal caused environmental damage (including pollution of River Sutlej) requiring remedial measures.
- Whether environmental compensation should be assessed and recovered from the owners/operators of the Hadda Roddi units in accordance with the guidelines previously issued by the Tribunal/NGT.
- What remedial and preventive measures (including relocation and establishment of a scientific carcass utilization plant) should be directed to address the identified pollution and nuisance.
- Whether the CPCB should prepare consolidated guidelines and an interim mechanism for carcass disposal for circulation and compliance by State/UT authorities.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| Directions issued by the Hon'ble National Green Tribunal in OA No. 593/2017 dated 19.02.2019 | Guidelines for calculation of Environmental Compensation (used by the Joint Committee to calculate compensation for five years). | The Tribunal records that the committee calculated Environmental Compensation for five years as per these NGT directions and that the State PCB issued notices for recovery of the calculated compensation (see State PCB report). |
Court's Reasoning and Analysis
The Tribunal's reasoning proceeds from the factual findings in the State PCB joint inspection report and the CPCB observations:
- The joint inspection report recorded objective pollution parameters demonstrating very high concentrations of pollutants (notably BOD and COD) in a drain leading to River Sutlej, and found untreated effluent discharges. The Tribunal treated these measurements and the committee's physical verification as establishing that the Hadda Roddi activities caused severe odour, nuisance and deterioration of river water quality.
- The committee report assessed environmental compensation (noted as more than Rs.11 Crores in one place) and explicitly stated that the compensation calculation followed the NGT directions dated 19.02.2019 (OA No. 593/2017). On that basis the State PCB issued notices for recovery of Rs. 2,28,12,000/- from each of the five Hadda Roddi units (as recorded in the State PCB report of 14.01.2020).
- The Tribunal noted the committee's recommendation that the Hadda Roddi be relocated and that a scientifically developed carcass plant be established. It recorded the Municipal Corporation Ludhiana's proposal and the LOI and progress information (including the Municipal Corporation's indication that the plant would be operational by August 2020).
- The Tribunal examined compliance and enforcement steps already taken: the Punjab PCB had issued directions under Section 31-A of the Air (Prevention & Control of Pollution) Act, 1981 directing the Municipal Corporation to establish the plant by 31.12.2018 (construction had not commenced), and had sent multiple letters requesting shifting of the Hadda Roddi.
- Reviewing the CPCB report, the Tribunal accepted CPCB's observations on existing carcass disposal practices across States/UTs (noting common reliance on deep burial) and its recommendations favouring rendering or incineration where feasible, authorization of facilities by SPCBs/PCCs, monitoring by SPCBs/PCCs and consolidated guidelines by relevant Ministries.
- Synthesizing these materials, the Tribunal concluded that the action taken to date was inadequate and that further, immediate remedial and supervisory measures were necessary. The Tribunal therefore directed the State PCB to take action in accordance with law (including closure of illegal activity and recovery of environmental compensation), tasked the CPCB with compiling information and preparing guidelines, and asked a Monitoring Committee headed by Justice Jasbir Singh (former Judge) to oversee compliance and to review officers' conduct where necessary.
Holding and Implications
Core Ruling: The Tribunal issued directions for immediate remedial and supervisory action, including ordering the State Punjab Pollution Control Board to take further action under law, close the illegal carcass-disposal activity, and recover environmental compensation; it also directed the CPCB to prepare guidelines and compile information from State PCBs/PCCs, and requested monitoring by the Committee headed by Justice Jasbir Singh.
Implications and Direct Effects
- The State PCB was directed to take further action within two months, to close illegal activities at the Hadda Roddi sites, and to recover environmental compensation for environmental damage in accordance with law.
- The State PCB proceeded to issue notices (as recorded) seeking recovery of Rs. 2,28,12,000/- from each of the five Hadda Roddi units based on the Joint Committee's calculations (and pursuant to statutory provisions referenced by the Board).
- The Tribunal requested the Monitoring Committee headed by Justice Jasbir Singh to monitor the situation and to review the conduct of State PCB officers for any failure to act.
- The CPCB was directed to compile information from all State Boards/PCCs on the extent of carcass disposal problems, to prepare consolidated guidelines, and to consider interim mechanisms pending adoption of scientific facilities (rendering/incineration) or authorized alternatives.
- The Municipal Corporation, Ludhiana was repeatedly directed to expedite and complete establishment of a modern, scientific carcass utilization plant at Noorpur Bet; prior administrative steps (site clearance, LOI) were noted, but construction had not yet started as of the record in the opinion.
The opinion does not set out to establish a novel legal doctrine; its effect is to order fact-specific remedial steps, enforcement actions (including calculation and recovery of environmental compensation) and institutional measures (guidelines and monitoring) directed to the authorities and the named Hadda Roddi operators.
Further Procedural Directions Noted in the Opinion
- Deputy Commissioner, Ludhiana and Commissioner, Municipal Corporation, Ludhiana were directed to file action-taken reports within one month by e-mail to the Tribunal.
- Punjab PCB and CPCB were directed to file action taken reports before the next date; the matter was listed for further consideration on 13.05.2020.
- Copies of the order were to be emailed to CPCB, Punjab State PCB, Justice Jasbir Singh, Deputy Commissioner Ludhiana and Commissioner Municipal Corporation Ludhiana.
1. Vide order dated 24.05.2019, this Tribunal sought a factual and action taken report from the CPCB, PPCB and the District Magistrate, Ludhiana with reference to the allegation of crude and unscientific carcass disposal at Village Ladhowal, District Ludhiana, Punjab by Respondent Nos. 1 to 5, Ram Murti, Ramesh Kumar, Suraj Kumar, Parshotam Lal and Munish Kumar.
2. The matter was thereafter considered on 10.10.2019, in the light of report dated 15.09.2019 furnished by the State PCB, as follows:
“2. Accordingly, report dated 15.09.2019 has been filed by the State PCB acknowledging the unscientific and illegal activities on the land belonging to the Central Government. The joint inspection report shows the BOD level of drain leading to River Satluj was 1650mg/l (as against 30) and COD was 3881 mg/l (as against 250). Untreated effluents were being discharged into the River Satluj. Ground water was contaminated. Compensation was assessed to be more than 11 Crores. The findings of the Committee are:
“Findings of the committee:
1. The committee has physically verified the facts at site as above.
2. The committee has observed that there is a problem of odour and nuisance in the area by the activities of the Hadda Roddi.
3. The sample analysis results revealed that the effluent being generated by the activities carried out by the Hadda Roddi have high concentrations of Biochemical Oxygen Demand, Chemical Oxygen Demand, Total Suspended Solids and Oil & Grease which may cause grave injury to the water receiving body.
4. The analysis results of river water revealed that the activities carried out by the Hadda Roddi are causing deterioration in the water quality of River Sutlej.
5. The analysis results of ground water revealed that presently there is no effect on the ground water quality of the area by the operation of said Hadda Roddi activities.
6. The committee has calculated the Environmental Compensation for five years, as per the guidelines framed in directions issued by the Hon'ble National Green Tribunal on 19.02.2019 in OA No. 593/2017.
7. For redressal of the grievances of the complainants there is a need to relocate the said Hadda Roddi and to setup a scientifically developed carcass plant. The Municipal Corporation Ludhiana has proposed a project to develop a scientific developed carcass plant at Noorpur Bet Ludhiana. The Punjab Pollution Control Board has already granted Consent to Establish (NOC) for this project.
8. The Municipal Corporation Ludhiana has informed that work for the installation of the said plant has been allotted to M/s Ess Bee Enterprises, Greater Noida, UP. LOI has been issued on 1.7.2019. The Municipal Corporation Ludhiana has informed vide letter no 264/500/D dated 02.08.2019 that the ground work has already been started and this plant will be fully operations within one year i.e. by August 2020.
9. The Municipal Corporation Ludhiana shall be asked to submit a time bound action plan for relocation of existing Hadda Roddi and completion & commissioning of the proposed scientifically developed carcass plant.
10. For further comprehensive study of the environmental damage in the area caused by the operation of said Hadda Roddi, the project may be assigned to some institute of repute like National Environmental Engineering Research Institute (NEERI) or Indian Institute of Technology (IIT).”
3. Let the State PCB take further action in accordance with law and furnish further action taken report within two months. The State PCB must take immediate steps to close the illegal activity and recover environmental compensation for the damage to the environment in accordance with law. We request the Monitoring Committee for controlling pollution of River Satluj, headed by Justice Jasbir Singh, former Judge of the Punjab and Haryana High Court to monitor the situation. The Monitoring Committee may also look into the conduct of the officers of the State PCB in not taking requisite action so far.
4. From the above, it is clear that crude and unscientific carcass disposal not only results in severe odour and nuisance, effluent generated in the process pollutes the water bodies on account of high concentration of BOD, COD, TSS and oil. For protection of environment, remedial action is necessary. Let CPCB compile information from all State Boards and PCCs about the extent of problem and the remedial action on the subject and furnish a report to this Tribunal before the next date. If any plan/scheme on the subject is available with the Ministry of Agriculture and Animal Husbandry, the same maybe furnished by the Ministry to the CPCB.”
3. In pursuance of the above, the State PCB has filed report dated 14.01.2020 to the effect that notice has been issued for recovery of compensation amounting to Rs. 2,28,12,000/- from each of the 5 Hadda Roddi units. It is further mentioned that:
“5. The Municipal Corporation, Ludhiana gave proposal to install carcass utilization plant at Village Noorpur Bet, Humbran Road, Ludhiana. The Municipal Corporation, Ludhiana also obtained the site clearance from the competent Authority (SCA-cum-SAC) for the establishment of carcass utilization plant at Noorpur Bet, Ludhiana. Accordingly, Director of Factories, Punjab vide letter no. 3822-27 dated 31-03-2017 issued the approval of Site to Municipal Corporation, Ludhiana for the establishment of carcass utilization plant at Noorpur Bet, Ludhiana.
6. That under the Chairmanship of Commissioner, Municipal Corporation, Ludhiana, a joint meeting between respondent Board and MCL Officials was held on 12.06.2017 to expedite the completion of project. The officials of the Municipal Corporation, Ludhiana assured for early necessary action in the matter. The respondent Board vide its letter no. 4767 dated 23.08.2017 again requested to the Commissioner, Municipal Corporation, Ludhiana to expedite the process of establishment of Carcass Utilization Plant.
The Joint Commissioner, Municipal Corporation, Ludhiana was requested by the respondent Board vide endst. No. 149 dated 05.01.2018 to submit periodic monthly progress regarding process of establishment of Modern and scientific Carcass Utilization Plant at Noorpur Bet, Ludhiana to be completed by 31.12.2018. The authorities of Municipal Corporation, Ludhiana were requested to comply with the above said decisions vide Board's letter no. 1020 dated 16.07.2018.
7. That Directions u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981 have also been issued by the respondent Board to the Municipal Corporation Ludhiana that the Municipal Corporation, Ludhiana shall expedite the process of establishment of Modern and scientific Carcass Utilization Plant at Noorpur Bet, Ludhiana and establish the same by 31.12.2018. However, the construction has not yet been started.
8. That the Punjab Pollution Control Board has also written letter bearing no. 1095 dated 17.07.2019, 1529 dated 15.09.2019 and 927 dated 29.11.2019 to the office of the Deputy Commissioner, Ludhiana requesting therein to shift the Hadda Roddi to some suitable place in accordance with law.
9. That vide letter no. 930 dated 29.11.2019 the Commissioner, Municipal Corporation, Ludhiana has again been requested by the Board to complete the said project with immediate effect so that the activities being carried out by the Hadda Roddis at Ladhowal are stopped and the same are shifted to the proposed Modern and scientific Carcass Utilization Plant.
10. That in further compliance to the orders dated 10.10.2019 of the Hon'ble Tribunal it is respectfully submitted that the notices to recover the Environmental Compensation amounting to Rs. 2,28,12,000/- from each of the 5 Hadda Roddi sites as calculated by the Joint Committee constituted by Hon'ble NGT have been issued by the Punjab Pollution Control Board u/s 33-A of the Water (Prevention & Control of Pollution) Act, 1974 and u/s 31-A of the Air (Prevention & Control of Pollution) Act, 1981, with an opportunity of personal hearing before the Competent Authority of the Punjab Pollution Control Board to the owners of 5 Hadda Roddis. The copies of the said notices are enclosed herewith as Annexure-R1 for kind perusal.”
4. The CPCB has also filed report dated 15.01.2020. The observations and recommendations are as follows:
“3.0 OBSERVATIONS:
Following are the observations from information received
1. Methods presently adopted for carcass disposal include Deep Burial, Rendering and Incineration
2. Most States/UTs have adopted “Deep Burial” practice for disposal of carcass.
3. Total no. of carcass disposal sites in 11 States/UTs is 128, however, only 4 States/UTs (namely Delhi, J&K, Lakshadweep and Mizoram) have granted authorization to 7 carcass disposal sites as per details given below:
State/UT No. of authorization sites Disposal methods Delhi 1 Rendering plant J & K 1 Deep Burial Lakshadweep 4 Deep Burial Mizoram 1 Slaughter House
Chandigarh is in process of installation of incinerator.
4. West Bengal has indicated that 24 sites are scientifically developed. However, neither details regarding the burial practices followed are not given nor has authorization been granted to these sites by WBSPCB.
5. Different carcass disposal methods are mentioned below:
5.1 Rendering:
Rendering is the process of converting animal carcasses to pathogen-free, useful by-products such as feed protein. In the process of rendering, the carcasses are exposed to high temperatures using pressurized steam to ensure destruction of most pathogens. It is a closed system for mechanical and thermal treatment of animal tissues leading to stable, sterilized products.
5.2 Incineration:
Incineration is the thermal destruction of carcasses by auxiliary fuel such as diesel or natural gas etc. or by using electric energy. It reduces carcasses to ash and is generally bio-secure.
5.3 Burial:
Burial is a method in which carcass is buried in the ground. It is common method of carcass disposal. Use of slaked lime, bleaching powder and crystal salt are some remedial measures taken to address environmental issues related to deep burial in case of infectious carcass.
5.4 Other methods
Other methods of disposing animal carcass are pyre-burning, composting, mounding and other patented technologies.
Recommendation:
1. Carcass should be utilized adopting rendering process or incineration. In rendering plant, odour control methods, such as bio-filters, scrubber etc. may be adopted and to meet prescribed standards before discharge. In incinerator, air pollution control devices should be installed.
2. Disposal of carcass through deep burial method may be adopted where rendering/incineration facility is yet to be developed.
3. Operators of carcass disposal sites should obtain authorization from respective SPCBs/PCCs.
4. SPCBs/PCCs need to monitor carcass disposal sites or facilities to address environment issues.
5. Consolidated guidelines on carcass disposal may be issued by Ministry of Housing & Urban Affairs/Ministry of Animal Husbandry and Dairying.”
5. In view of the above, the action taken not being adequate, further steps in the matter are necessary. CPCB needs to prepare guidelines in the matter and circulate the same for compliance to all the States/UTs. The CPCB may also laydown interim mechanism in the matter to be adopted immediately. CPCB may also complete action in terms of earlier directions for collecting information from all State PCBs/PCCs about the status on the subject at the ground level. The State PCB may also take appropriate effective measures in the matter. We request the Committee headed by Justice Jasbir Singh, former Judge, Punjab and Haryana High Court to oversee the steps taken by the State PCB in the matter.
6. Deputy Commissioner, Ludhiana and Commissioner, Municipal Corporation, Ludhiana to file action taken report within one month to this Tribunal by email at judicial-ngt@gov.in.
7. Action taken reports may be filed by Punjab PCB and CPCB before the next date. A copy of this order be sent by e-mail to CPCB, Punjab State PCB, Justice Jasbir Singh, former Judge, Punjab & Haryana High Court, Deputy Commissioner, Ludhiana and Commissioner, Municipal Corporation, Ludhiana by email.
8. List for further consideration on 13.05.2020.
Alert