Chhandar Village, Dag Nos. 194, 209, 211, 212, 214, 215, 250, 251, 256, 257 and 260, Mouza Dhengekand.

3. It is alleged that the poultry farm has been established without obtaining Consent to Operate (CTO) and in violation of the directions given by the National Green Tribunal, Principal Bench, New Delhi dated 16.09.2020 in Original Application No. 681/2017 Gauri Maulekhi Vs. Union of India & Ors. wherein a person wanting to carry on business of poultry farming having more than 5000 birds must require Consent to Operate (CTO). The directions given in the case of Gauri Maulekhi (Supra) came into effect from

01.01.2021.

4. The allegation of the Applicant further is that the poultry farm site is very close to residential area and is situated within 100 meters of a primary school known as Dhegakend Primary School which is not permissible^.

5. The allegation of the Applicant further is that the Respondent No.4 is running the poultry farm in violation of the directions given by the National Green Tribunal in Original Application No.23/2014/EZ with M.A. No.22/2015/EZ, Dipak Mondal vs. Pollution Control Appellate Authority & Ors.

6. Mr. Gaganjyot Singh, learned Counsel for the Applicant submitted that the poultry farm dust which is organic in nature contains feed and faecal particles, feather particles, skin debris, fungal fragments and spores, bacterial and bacterial fragments,

3

viruses and particles of litter. It is also contains toxin of gram- negative bacteria called endotoxins which can cause toxin fever similar to influenza with symptoms of headache nausea, coughing, nasal irritation and chest tightness. He alleged that the Respondent No.4 is disposing of litter in wet form instead of mixing it with dry straw/dry saw-dust in violation of the guidelines framed by the Government of West Bengal, Department of Environment vide its notification dated 18.07.2016 specifically with regard to prevention and control of pollution in poultry units in pursuance of the directions given by the National Green Tribunal, Eastern Zone Bench, Kolkata in the case of Dipak Mondal (supra).

7. The learned Counsel also submitted that the siting/zoning criteria for setting up of poultry farms as given in paragraph 26 of the judgment of Dipak Mondal have not been carried out. The learned Counsel has placed before the Court coloured pictures of Google Map showing that four sheds were already in existence at the time when the Dipak Mondal judgment was given on 23.12.2015 and thereafter, the 5^thshed which was not in existence on 23.12.2015 is now clearly shown in the Google Map dated 09.11.2018. The learned Counsel enumerated the various violations with respect to the directions given by the National Green Tribunal in Dipak Mondal case.

8. Considering the above facts, it is relevant to reproduce the directions given in paragraph 26 of the judgment passed in Dipak Mondal (supra):-

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"26. In our considered view there must be some codified rules/conditions for siting such Poultry and hatchery units and should not be left to the whim of the State Pollution Control Board. We have also examined the order dt. 29.5.2013 issued by the Haryana Government, Environment Department addressing the Pollution problems from Poultry Farms by way of prescribing siting criteria, Methods for manure storage & Management, addressing odour and gaseous pollution problem, dead bird disposal, wastewater discharge, solid waste disposal etc. Considering all the aspects discussed above, we hereby issue the following directions in respect of the Poultry and Hatchery units/Farms which falls under green category :

i) All Poultry and Hatchery Units shall be set up as per the following siting criteria:

"

1. The poultry farm shall not be located within: 500 meters from residential zone

• 200 meters from major water course

• 1000 meters from any major drinking water reservoir or catchment side.

• 100 meters from any drinking water source like wells, summer storage tanks, tanks

• 500 meters from nearby poultry, dairy or another livestock enterprises or industry.

2. The poultry sheds shall not be located within: 20 meters from farm boundary• 200 meters from public roads

• 100 meters from any other dwelling on the same property

• 20 meters from other sheds on the same farm

3. The poultry sheds shall be positioned: On East to West direction

• At least 0.5 meters above ground level

• At least 2 meters above the water table

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4. The poultry farm shall raise green belt all around the farm with minimum of two rows spaced apart or not more than 3 meters.

5. The poultry farm shall be fenced with barbed wire/linked mesh upto a height of 1.5 meters with appropriately secured entrance and outlet.

6. No open burning or indiscriminate dumping of any dead birds/feathers/offal's unused material like litter/empty gunnies/containers etc. Shall be adopted within or outside the farm premises.

7. Proper drainage/outlet for collection and discharge shall be provided for storm runoff/discharges from the farm.

8. No obstruction shall be created for any water course within the farm or outside the farm boundary."

ii) The guidelines of Animal husbandry and Veterinary Services, Govt. of WB for establishment of poultry farm be strictly followed.

iii) The consent to establish be granted to the units who satisfies the above siting criteria and subject to other general and specific conditions.

iv) The consent to operate shall be granted after causing inspection and enquiry to the satisfaction of the PCB that the unit has complied or intend to comply within specific period to the general and specific conditions and/or guidelines of AHVS without making any compromise with siting criteria."

9. The learned Counsel also referred to the judgment of the National Green Tribunal, Principal Bench in Original Application No.681/2017, Gauri Maulekhi vs. Union of India & Ors. dated 16.09.2020 and submitted that the Tribunal in that judgment had given directions to the Central Pollution Control Board to revise the guidelines for categorizing poultry farms as Green category and

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exempting their regulation under the Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974 and Environmental (Protection) Act, 1986 and further directed that the Central Pollution Control Board may issue fresh appropriate orders enforcing a consent mechanism under the Air Act, 1981, Water Act, 1974 and Environmental (Protection) Act, 1986 after 01.01.2021 for all poultry farms above 5000 birds in the same manner as is being done for farms having more than one lac birds and till then the SPCB/PCCs may strictly enforce the environmental norms and take appropriate remedial action against any violation of water, air and soil standards statutorily laid down. Paragraph 17 of the judgment in Gauri Maulekhi (supra) reads as under:-

"17. Accordingly, we allow this application and direct the CPCB to revisit the guidelines for categorizing the poultry farms as green category and exempting their regulation under the Air Act, Water Act and the EP Act. The CPCB may issue fresh appropriate orders within three months and in if no further order is issued, all the State PCBs/PCCs will require enforcement of consent mechanism under the above Acts after 01.01.2021 for all poultry farms above 5000 birds in the same manner as is being done for farms having more than one lac birds. Till then, even without such consent mechanism, the State PCB/PCCs may strictly enforce the environmental norms and take appropriate remedial action against the any violation of water, air and soil standards statutorily laid down."

10. Opposing the original application, Mr. Satyam Mukherjee, learned Counsel for Respondent No.4 on the other hand submitted that the siting criteria has no application to the facts of the present

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case since, the poultry farms in question was established sometime in the year 2012, which is also the case of the applicants, and therefore, it cannot be alleged that there was any violation of the directions given by the National Green Tribunal in the case the ratio of Dipak Mondal or Gauri Maulekhi and in any case of Dipak Mondal and Gauri Maulekhi cannot be given retrospective effect to oust the Respondent No.4 from his legitimate business and the said Respondent's business cannot be shut down on that ground. The learned Counsel further submitted that the National Green Tribunal in Gauri Maulekhi (supra) also did not recommend closure of unregulated poultry farms but only directed that all poultry farms above 5000 birds be regulated by the SPCB/PCCs in the same manner as those farms having more than one lac birds and till such enforcement mechanism is enforced the State PCBs were directed to take remedial action against the water, air and soil pollution. The learned Counsel further stated that the Government of West Bengal notification dated 18.07.2016 only applied to new poultry farms and not the existing poultry farms. The learned Counsel also denied that a 5^thshed has been set up after 30.12.2015 and in the alternative it is stated that even otherwise the said 5^thshed is not being used as a poultry farm but is being used as storage.

11. We have heard the learned Counsel for the parties and perused the documents on record.

12. The NGT in the case of Dipak Mondal had made certain observations in paragraph 24 and by way of opinion expressed the

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desire that poultry units be established outside the limit of residential zone of any locality in spite of the fact that it falls under Green category.

13. The West Bengal Pollution Control Board adopted the list prepared by the Central Pollution Control Board identifying industrial activities under Red, Orange and Green category based on their pollution potential and in that context poultry, hatchery, piggery fall under the Green category list.

14. The Tribunal while disposing of the original application in Dipak Mondal (Supra) gave directions in paragraph 26 which have already been quoted hereinabove and it was directed specifically that :-

i) All Poultry and Hatchery Units shall be set up as per the following siting criteria:

1. The Poultry farm shall not be located within:

• 500 meters from residential zone

• 200 meters from major water course

• ……….

• 500 meters from nearby poultry, dairy or another livestock enterprises or industry.

2. The Poultry sheds shall not be located within:

• …..

• 200 meters from public road

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15. The Tribunal accordingly constituted a Committee comprising of the following members:- (i) Director, Animal Husbandry & Veterinary Services, (ii) Head of Regional Office, CPCB, Kolkata and

(iii) Member Secretary, State PCB and directed this Committee to frame guidelines for siting criteria and management of waste and pollution generated from poultry, hatchery similar to the guidelines framed by the Haryana Government.

16. In the present case, we find that the poultry farm in question, on the applicant's own showing, was established in 2012 and at the relevant time the judgment of Dipak Mondal (Supra) and directions contained therein were not in existence therefore, it cannot be alleged that the poultry farm of the Respondent No.4, so far as four poultry sheds are concerned, are in violation of the judgment of the National Green Tribunal in the case of Dipak Mondal (supra) which was delivered on 23.12.2015.

17. The Government of West Bengal however, in compliance of the directions given by the Tribunal issued notification dated 18.07.2016 laying down guidelines for Prevention and Control of Pollution in Poultry Units. These guidelines may be reproduced herein under for proper appreciation of the case:-

"Guidelines for prevention and control of pollution in poultry units

In the said guideline, the term "Poultry Unit" refers to hatcheries including custom hatcheries, breeding farms, layer and broiler farms rearing fowl, duck etc. which are handling 5000 or more birds at a given time in a single location.

1. Siting Criteria (For new poultry farms)

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i. The poultry farm should not be located within- a. 500m from other poultry farms, dairy or other livestock enterprise.

b. 100m from major water course like river, lakes, canals and also from natural waterbody, wells, tanks, reservoirs etc.

c. 10m from roads for public use.

ii. Poultry units with capacity of 20,000 birds or more at a time should be located away from residential area.

iii. The poultry shed should be located at least 5 m away from the farm boundary and at least 2 m above water table and 0.5 m above ground level

2. Fencing and greenery development

i. The poultry farm shall raise adequate shrubs all around the farm. Necessary precautionary measures shall be taken to prevent wind-borne dispersion of feather/fibrous materials to the surrounding area.

ii. Poultry farm should be fenced with barbed wire/linked mesh wire up to a height 1.5 m for ensuring secured entrance and must have a single point of entry. Farm should maintain proper vehicle dip and footbath at the entrance control gate and also footbaths at the entrance of all sheds.

3. Air emission (includes gaseous emission, odour and dust)

For minimization of odour/gaseous pollution problem, the poultry should undertake the following:

i. Ensure proper ventilation and free flow of air over manure collection points to keep it dry.

ii. Protect manure from unwanted pests/insects.

iii. Protect manure from run-off water and cover it to avoid dust and odours in storage pits.

iv. Design, construct, operate and maintain waste storage facilities to contain all manure, litter and washings.

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v. Collect carcasses promptly on regular basis and dispose- off appropriately without damaging the environment.

Feed Mills

The feed mill and godown should be located on a well elevated ground preferable near the entrance to the farm and separated from other poultry sheds. Floor of the feed mill and godown should be concrete, damp proof, rodent/vermin proof and raised above the ground level by a minimum of 0.6m. The feed mill should have a dust collector system, adequate fire and other accident safety provisions. Pesticides and other poisonous materials should never be stored in feed plants or feed making premises.

All the workers working in the feed mill should be provided with dust masks.

4. Management of solid wastes (viz. dead birds, manure and hatchery debris)

Waste generation should be minimized in regular farm management schedule.

Solid wastes should be properly collected, sorted, treated, transported and utilized following the guidelines of the Directorate of Animal Resources and Animal Health as stated below:

a) Litter condition/Management: Litter should be made with dry straw and/or dry saw-dust in deep-litter system of management. The thickness of litter should be 2" to 6" and the litter should always be dry. In case of soaking with water, the wet litter should immediately be removed and replaced with dry straw and/or saw-dust mixed with dry lime.

b) After every two (02) months for broiler and eighteen (18) months for layer and breeder, the entire used litter should be disposed-off and new dry litter should be introduced.

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c) Disposal of Spoiled egges: The spoiled eggs should be disposed-off in a pit with a depth of 2'6" to 8'0" with an average radius of 3'0" depending upon the volume of spoiled eggs. Lime or bleaching powder should be spread over the spoiled eggs before covering the pit.

d) Disposal of dead birds: Dead birds should be disposed-off in a pit with depth of 8'0" to 12'0" with an average radius of 3'0" depending upon the volume off dead birds. Lime or bleaching powder should be spread over the dead birds before covering the pit.

e) Disposal of used litter: The litter should be removed and disposed-off in a manure pit or cultivable land in an isolated place after necessary treatment. The litter may also be suitably disposed-off. After removal of the litter, the shed should be washed and cleaned with appropriate disinfectant. Fumigation is also advocated, particularly after any outbreak of epidemics. Before introducing new litter, total shed area should be spread with lime.

f) Adequate quarantine measures should be taken. Poultry farms should have properly designed composting facilities. Poultry farms having capacity of more than 1,00,000 birds will install properly designed incinerators along with other pollution control measures following all relevant norms.

5. Waste water management

Waste water generated shall be contained in settling tanks and discharged to soak pits inside the premises and may be used for greenery development within the premises. No waste water shall be discharged outside the premises or discharged to nearby land or water body. Proper drainage/outlet for collection and discharge should be provided for storm runoff/discharges from the farm.

6. Administrative mechanisms (including consent management)

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i. Poultry units will get registered with the Department of Animal Resources Development, Government of West Bengal.

ii. The poultry farms which are handling 1,00,000 or more birds at a given time in a single location need to approach WBPCB to obtain necessary Consent to Establish and Operate under the Water ( Prevention and Control of Pollution) Act, 1974 and the Air ( Prevention and Control of Pollution) Act, 1981.

iii. Poultry farms/ hatcheries where the birds are reared/ kept for experiment or testing purposes are required to obtain authorization from the WBPCB under the provisions of the Biomedical Waste ( Management and Handling) Rules, 1998.

18. Regarding Siting Criteria the guidelines provide that

i. The poultry farm should not be located within- a. 500 meters from other poultry farm, dairy or other livestock enterprises,

b. 100 meters from major water course like rivers, lakes, canals and also from natural water body, wells, tanks, reservoirs etc. and

c. 10 meters from roads for public use.

ii. Poultry units with capacity of 20,000 birds or more at a time should be located away from residential area.

19. The West Bengal Pollution Control Board in its affidavit dated 16.08.2021 has stated that a site inspection was carried out in pursuance of the order of the Tribunal dated 14.06.2021 and an Inspection Report was prepared. The Inspection Report which has been filed as an Annexure to the affidavit reads as under:-

14

"

15

16

17

Day old chicks procured by the unit from a farm in Odisha→ The day old chicks are transferred to the brooding shed→ After feed intake, light stimulation, vaccination etc., the chicks are transferred to the layer shed during 18^th week→ The eggs are collected from 24^th weeks onwards→ Eggs are sorted→ Packed→ Dispatched.

• The unit uses pesticides and insecticides like Formalin and V904 to protect manure from unwanted pests and insects.

• The unit has a waste- storage room as well as an incinerator room. The manures, dead birds and spoiled eggs are stored in this waste room, which are subsequently incinerated. However, the incinerator present within the unit was not operating and was found under

maintenance.

• The litters are disposed in an automatic conveyor system, subsequently sent outside the rearing sheds from where they are collected by tractors on a regular basis.

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• Although a characteristic smell was prevalent near the rearing sheds, no such smell was felt outside the boundary wall of the unit.

• The unit has two nos. green diesel generator sets of capacities 250 KVA and 160 KVA respectively. Both the diesels generators sets are not equipped with chimneys as per CPCB norms.

• The unit has developed a green belt within the premises which is more than 33% of the total area of the premises. There are adequate shrubs all around the unit.

• The inside premises as well as the plantations were found well

maintained.

• As per Order of the Hon'ble National Green Tribunal, Eastern Bench, Kolkata in Original Application

No.23/2014/EZ with M.A. No.22/2015/EZ (Dipak Mondal-vs-Pollution Control Appellate Authority, W.B., Environment, Govt. of West Bengal issued a Notification vide No.1556/EN/O-18/2016 dated 18^th July, 2016, for siting criteria and

19

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under 'Green category' under the type of industry as "Poultry, Hatchery and Piggery', Sl. No.33. As per existing siting policy o the Board, settting up of any Green category industry is permitted in any area of West Bengal with

adequate pollution control measures subject to the site clearance by local authority. Further, in the said order, it has been mentioned that 'The consideration for siting of a Poultry, under Sl. No.33 will be location specific and will be decided by the Board'.

In this case, the layer sheds of the unit are located more than 200m away from the nearest school, residential area and overhead water tanks. Further, nearest poultry/dairy/livestock unit is located outside 500m radial distance from this unit.

So, the Board has to decide whether the said unit meets the siting criteria and may be permitted to continue its operation in the existing premises. In such case, considering the fact that the unit has not yet applied for Consent to Establish and Consent to Operate of the Board, it is

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hereby suggested that the unit should immediately apply for Consent to Establish and Consent to Operate of the Board. However, such Consent to Operate may be issued after compliance of following conditions:-

1. The unit has to abide by all the conditions as stipulated in the Notification of the Department of Environment, Govt. of West Bengal issued vide No.1556/EN/0- 18/2016 dated 18^th. July, 2016.

2. The unit has to construct settling tank and soak pits inside the premises for containing and discharging the waste-water generated.

3. The incinerator present within the unit has to be repaired.

4. Both the diesel generator sets should be equipped with chimneys as per CPCB norms

• Further, it was stated by the unit representative that they have acquired

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this unit through a resolution plan approved by the National Company Laws Tribunal on 06.08.2019 at a value of Rs.8.5 crores

approximately. The unit started it's operation since August, 2019. However, as per the order of Hon'ble National Green Tribunal dated 16/09/2020, the unit has to take consent of the Board from 01^st

January, 2021. As such, it is hereby recommended that the Board may impose necessary Environmental Compensation upon the unit since the unit operated from 01^st January, 2021 without valid Consent of the Board, in violation with the Order of the Hon'ble National Green Tribunal.

• Any other necessary order/direction may be issued by the appropriate authority as deemed to be fit.

20. The finding of the West Bengal Pollution Control Board in its Inspection Report of the poultry farm of the Respondent No.4 is that there are four sheds and in each shed there are 12,000 birds i.e. there are a total of 48,000 birds. The 4^thshed was found to be vacant at the time of inspection. The Inspection Report further states that apart from these four sheds there was one more shed

23

known as brooding shed which was non-operative at that time. Under the heading 'recommendations/remarks', the Report notes that under the orders of the Tribunal dated 16.09.2020 in Gauri Maulekhi (supra) poultry farms handling more than 5000 birds have to obtain consent from the respective State Pollution Control Board with effect from 01.01.2021. Since, the Respondent No.4 had 48,000 birds at the time of inspection it was required to obtain Consent to Establish (CTE) and Consent to Operate (CTO) as on 01.01.2021 but during the inspection, it was found that the unit had not yet even applied for Consent to Establish (CTE) and Consent to Operate (CTO) and therefore, the unit should immediately submit application for Consent to Establish (CTE) and Consent to Operate (CTO) subject to the conditions mentioned in the report. Environmental Compensation was also recommended but there is nothing on record to show whether the same has been determined or have been recovered. The Respondent No.4 is also silent on the question regarding payment of Environmental Compensation at least with effect from 01.01.2021.

21. Mr. Satyam Mukherjee, learned Counsel next submitted that the 5^thshed is being used as godown and is not being used as a poultry farm and therefore, the guidelines laid down in the Government of West Bengal notification dated 18.07.2016 with regard to feed mills, management of solid waste, litter conditions, disposal of used litter, waste water management and Administrative mechanisms (including consent management) was not applicable to

24

the poultry farms which was established prior to the judgment of the National Green Tribunal in Dipak Mondal case.

22. The question as to whether the 5^thshed is part of the poultry farm or not becomes wholly irrelevant when considered in the light of the fact that it is part of the poultry farm and the Google Earth Satellite Images filed at page no. 189 and 190 of the paper book, which have been filed as Annexure with the affidavit filed by the Applicant dated 08.12.2021, clearly shows it to be existing within the farm of the Respondent No.4 which fact has not been disputed even by the Respondent No.4. Therefore, even it is accepted that the fifth shed was not in existence on the date of coming into force of Dipak Mondal judgment i.e. 23.12.2015 or coming into force of the Government of West Bengal notification dated 18.07.2016 the fact that it was in existence in 2018 as shown in the Google Map of 2018, clearly shows that it has been established in contravention of the guidelines as well as the judgment of the National Green Tribunal in Deepak Mondal (Supra) and Gauri Maulekhi (Supra).

23. The notification dated 18.07.2016 further required that all poultry farms which are handling one lac birds or more at a given time in a single location must obtain necessary Consent to Establish (CTE) and Consent to Operate (CTO) under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. The National Green Tribunal further in its judgment dated 16.09.2020, Gauri Maulekhi (supra) further directed that the Central Pollution Control Board shall issue

25

appropriate orders and if such orders are not issued, direction was issued to the State PCBs/PCCs to enforce the consent mechanism under the above Acts after 01.01.2021 for all poultry farms above 5000 birds in the same manner as is being done for farms having more than one lac birds. Thus, in terms of the directions of the National Green Tribunal in the case of Gauri Maulekhi, the Respondent No.4 was required to obtain Consent to Establish (CTE) and Consent to Operate (CTO) at least with effect from 01.01.2021. There is nothing on record to show that the Respondent No.4 has obtained Consent to Establish (CTE) or Consent to Operate (CTO) or even applied for the same and the Respondent No.4 is therefore, in clear violation of the guidelines dated 18.07.2016 and the judgment in Gauri Maulekhi (supra) of the Tribunal dated 16.09.2020.

24. Mr. Satyam Mukherjee, learned Counsel further submitted that the State Board had not initiated the process for amendment of the notification dated 18.07.2016 and therefore, the requirement for Consent to Establish (CTE) and Consent to Operate (CTO) could not be insisted upon nor could any compensation be levied upon the Respondent No.4 in the absence of Consent to Establish (CTE) and Consent to Operate (CTO). The submission is totally misconceived. We may observe that even if the West Bengal Pollution Control Board may not have had issued guidelines of its own and in the absence of amendment to the Government of West Bengal notification dated 18.07.2016, the directions given by the National Green Tribunal in Gauri Maulekhi (Supra) to State Pollution Control Boards/Pollution Control Committees to enforce the environmental norms and take

26

appropriate remedial action against any violation of water, air and soil standards statutorily laid down, would still operate.

25. The Central Pollution Control Board in its guidelines titled 'Environment Guidelines for Poultry Farms' dated August, 2021, copy of which has been filed as Annexure to the affidavit of the Central Pollution Control Board clearly provides that poultry farms handling birds above 25,000 at single location will have to obtain Consent to Establish (CTE) and Consent to Operate (CTO) under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 from the State Pollution Control Board/Pollution Control Committee and the National Green Tribunal in its judgment of Gauri Maulekhi dated 16.09.2020 had categorically stated that till such consent mechanism is enforced by the State Pollution Control Board/Pollution Control Committee, the CPCB directions in this regard would operate with effect from 01.01.2021.

26. We, therefore, reiterate that the Respondent No.4 is under statutory obligation to obtain Consent to Establish (CTE) and Consent to Operate (CTO) before it can continue with its business of poultry farm with effect from 01.01.2021.

27. In the Inspection Report, it is mentioned that the layer shed of the units are located more than 200 meters away from the nearest school, residential area and water tanks. Further, nearest

27

poultry/dairy/livestock unit is located outside 500 meter radial distance from this unit. The Report also mentions that;-

(1) The unit has to abide by all the conditions stipulated in the Notification of the Department of Environment, Government of West Bengal dated 18.07.2016,

(2) It has to construct settling tank and soak pits inside the premises for containing and discharging the waste water generated,

(3) The incinerator present within the unit has to be repaired, and

(4) Both the diesel generators sets should be equipped with chimneys as per CPCB norms.

This clearly shows that the unit is not compliant on the four requirements mentioned above. The Inspection Report clearly mentions that the unit has no settling tank and soak pits inside the pits for containing and discharging the waste water generated. Instead, the generated waste water is stored in two ponds present within the unit premises.

28. The Central Pollution Control Board has further issued guidelines for poultry farms vide letter dated 10.01.2022 and in these guidelines also the siting criteria mentions (a) that it should be 500 meters from residential zone in order to avoid nuisance caused due to odour & flies, (b) 100 meters from major water course like River, Lakes, canals and drinking water source like wells, summer storage tanks, in order to avoid contamination due to leakages/spillages, if any, (c) 100 meter from National Highway (NH)

28

and 50 meter from State Highway (SH) in order to avoid nuisance caused due to odour & flies, (d) 10-15 meters from rural roads/internal roads/village pagdandis and the poultry sheds should not be located within 10 meter from farm boundary for cross ventilation and odour dispersion. None of these criteria are noticed to have been violated by the Respondent No.4 by the inspecting team in its Inspection Report. These guidelines also mention that poultry farms handling birds above 25,000 at a single location will have to obtain Consent to Establish (CTE) and Consent to Operate (CTO) and there is no direction for re-location of such poultry farm to some other site. The Respondent No.4 has 48,000 birds, and therefore Consent to Establish and Consent to Operate was mandatory which the said Respondent has failed to obtain.

29. So far as the prayer of the Applicant for closure of the unit is concerned and the plea of the learned Counsel for the Applicant that since, the Respondent No.4 is operating more than 5000 birds as observed in Gauri Maulekhi case and in any case more than 25,000 birds as per CPCB guidelines dated August, 2021 it should be directed to be reallocated to some other site, we are not inclined to grant any such directions as we see no reason for such a direction. The CPCB in its guidelines of August, 2021 has also only observed that poultry farms handling birds above 25,000 at a single location will have to obtain Consent to Establish (CTE) and Consent to Operate (CTO) from the SPCB/PCCs. The Government of West Bengal notification dated 18.07.2016 also mentions that the poultry farms which are handling one lac or more birds at a given time in a

29

single location need to approach the West Bengal Pollution Control Board to obtain necessary Consent to Establish (CTE) and Consent to Operate (CTO) under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 and there is no requirement of re-location of such poultry farm as long as the other directions regarding distance from water source, other farms and road are complied with.

30. For reasons aforesaid, we issue the following directions namely:-

1. The Respondent No.4 is directed to obtain the Consent to Establish and Consent to Operate from the West Bengal Pollution Control Board with immediate effect.

2. The fifth shed of the poultry farm shall be immediately dismantled as it has been observed through google satellite images that the said shed has come up after the Govt. of West Bengal Notification dated 18.07.2016. In fact, google images of 2018 clearly show that it has been established in contravention of the guidelines as well as judgment of the Tribunal in Deepak Mondal (Supra) and Gauri Maulekhi (Supra).

3. The West Bengal Pollution Control Board shall impose necessary Environmental Compensation upon the Respondent No.5 as the unit operated from 1^stJanuary 2021 without valid Consent of the Board in violation of the order of the Tribunal.

4. The unit shall abide by all the conditions stipulated in the letter of the Central Pollution Control Board dated 10.01.2022

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with respect to the Environmental Guidelines for poultry farms which has also been adopted by the West Bengal Pollution Control Board.

5. The unit has to construct settling tank and soak pits inside the premises for containing and discharging the waste water generated.

6. The incinerator present within the unit has to be repaired.

7. Both the diesel generator-sets should be equipped with chimneys as per CPCB norms.

8. The West Bengal Pollution Control Board shall inspect the unit at least once in a year and ensure that the guidelines for Prevention and Control of Pollution in poultry units contained in the Guidelines issued by the Central Pollution Control Board on 10.01.2022 and adopted by the West Bengal Pollution Control Board, are strictly followed.

31. Accordingly, the Original Application No.44/2021/EZ is disposed of with the above directions.

32. There shall be no order as to costs.

........................................

B. AMIT STHALEKAR, JM

........................................

SAIBAL DASGUPTA, EM

Kolkata,

April 22^nd, 2022, Original Application No.44/2021/EZ

MN

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