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NUGGEHALLI JAYASIMHA v. GOVERNMENT OF NCT OF DELHI URBAN DEVELOPMENT

National Green Tribunal

Oct 8, 2020

Judgment

Subsequent
References

CaseIQ

Smart Summary (Beta)

Comprehensive Summary of the National Green Tribunal Order — Original Application No. 46/2018 (08.10.2020)

Factual and Procedural Background

This matter concerns enforcement of environmental norms in the functioning of dairies. Inspection reports dated 04.12.2015 and 15.12.2015 prepared by the Animal Welfare Board of India recorded unscientific management of solid and liquid waste from dairies, including dumping in drains or open areas, resulting in atmospheric emissions (Ammonia and Nitrogen oxides), nitrate contamination of soil and groundwater, and odour problems affecting health (migraine and headache). The reports also noted rampant use and improper disposal of Schedule H drugs, oxytocin injections, syringes, plastic bottles and other veterinary drugs, in violation of the Bio-medical Waste Management Rules, 2016, and non-compliance with Food Safety and Standards (Licence and Registration of Food Businesses) Regulations, 2011.

The Tribunal earlier issued directions for enforcement of norms for dairies. Those directions were challenged before the Supreme Court in Civil Appeal No. 7285/2019 filed by the South Delhi Municipal Corporation (SDMC), which the opinion records was dismissed by the Hon'ble Supreme Court. The Tribunal considered reports from CPCB (including a report dated 12.05.2020 and a subsequent report dated 01.10.2020), draft guidelines and related expert material, and ultimately disposed of the application by directing finalisation, circulation and enforcement of Guidelines by the CPCB and related authorities.

Legal Issues Presented

Whether environmental norms for dairies (including management of solid and liquid waste, air quality, siting, and monitoring) should be enforced under the statutory framework (Water Act, Air Act and Environment (Protection) Act) and by which authorities.
What regulatory framework, siting policy and monitoring mechanism should be adopted and implemented (via Guidelines) for dairy farms and gaushalas to prevent pollution and protect environment and public health.

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
Common Cause v. Union of India, (2007 SCC Online Del 863)	Direction to Municipal Corporation of Delhi to formulate a licensing policy under Section 417 of the Delhi Municipal Corporation Act, 1957; observations regarding the need to relocate dairies because of hazards from stray cattle, filth, squalor and outbreak of diseases; short-term preventive measures for hygiene and environmental protection.	The Tribunal referred to this Delhi High Court judgment as supporting the need for regulatory measures and licensing to address public health and environmental hazards posed by unregulated dairies.
Civil Appeal No. 7285/2019 (SDMC) — filed against Tribunal directions	The appeal was noted in the opinion; the Court of appeal (Supreme Court) dismissed the appeal.	The opinion records that the appellant's challenge was dismissed by the Supreme Court, which meant the Tribunal's directions remained intact and enforceable as part of the proceedings before the Tribunal.

Court's Reasoning and Analysis

The Tribunal's analysis proceeds from findings in inspection reports and expert material to the conclusion that unscientific dairy operations cause multiple environmental harms (air pollution from ammonia and nitrogen oxides, odour nuisance, groundwater contamination by nitrates, and unsafe disposal of biomedical-type waste and veterinary drug containers), and that such harms fall within the mandate of pollution control statutes.

Key steps in the Tribunal's reasoning and administrative directions (as reflected in the opinion) include:

Rejecting the Delhi Pollution Control Committee's position of non-concern, on the basis that the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Environment (Protection) Act, 1986 and rules thereunder apply to environmental harms caused by dairies.
Noting prior judicial guidance (Delhi High Court in Common Cause) that emphasized licensing/regulation and relocation of dairies in certain circumstances and short-term hygiene measures, thereby supporting development of an enforceable regulatory framework.
Directing the Central Pollution Control Board (CPCB) to finalize and issue Guidelines for dairies and gaushalas, with monitoring and audit mechanisms; the Tribunal specified timelines for finalization, compliance reporting, and consolidated reporting (including earlier directions to finalize within one month and compile reports by set dates).
Evaluating the CPCB's subsequent report that the Guidelines were finalized on 05.06.2020 and circulated to State PCBs/PCCs; the Tribunal quoted and relied on substantial extracts from those Guidelines regarding siting policy (minimum distances from habitations, hospitals, schools, water bodies, highways, canals, and inter-se distances) and regulatory/monitoring mechanisms (inventory, registration, consent to operate, uploading of guidelines, periodic compliance reports, environmental audits at state and CPCB levels, imposition of environmental compensation and prosecution for violations, capacity-building and training, and outreach measures).
Accommodating the applicant's (Shri Raj Panjwani) request to have the CPCB consider observations in the written note and, if necessary, interact orally so that the Guidelines may be revised or a corrigendum issued within one month. The Tribunal required CPCB to forward the finalized Guidelines to Chief Secretaries of States/UTs and State PCBs/PCCs and directed strict compliance and remedial action by those authorities where violations are observed.
Directing that an App for grievance redressal relating to violations may be developed by the CPCB (if not already done), circulated to the public, and that CPCB should continue monitoring implementation.

Holding and Implications

DISPOSED OF

Direct holding (core ruling):

The Tribunal disposed of Original Application No. 46/2018 after recording that the CPCB had finalized Guidelines (05.06.2020) dealing with solid waste management, wastewater management, air quality management, siting policy and regulatory/monitoring mechanisms for dairy farms and gaushalas, and after giving directions to the CPCB and State authorities to finalize, circulate and enforce those Guidelines and to take remedial action for violations.
The CPCB was directed to consider observations made by the applicant's senior counsel, to interact if necessary (telephone/video conference), and to complete any revisions or issue a corrigendum within one month; thereafter to forward finalized Guidelines to Chief Secretaries and State PCBs/PCCs and facilitate public-facing mechanisms (including an App) and monitoring.

Implications and consequences:

The Guidelines finalized by CPCB were to be circulated to State PCBs/PCCs and Chief Secretaries and followed strictly by state authorities and local bodies.
The Guidelines prescribe siting distances, inventory and registration requirements, requirement for consent to establish/operate under Water Act and Air Act, periodic compliance reporting and audit (including six-monthly reports to CPCB), state and CPCB-level environmental audits, the possibility of environmental compensation and prosecution for violations, and capacity-building/training measures for local bodies and dairy workers.
Administrative consequence: CPCB to consider applicant observations, possibly revise Guidelines or issue corrigendum within one month; to develop or use an App for grievance redressal and to monitor compliance; State PCBs/PCCs and local bodies to undertake inventories, registration, monitoring and enforcement, and to submit compliance reports to CPCB.
No broader legal pronouncement or new judicial precedent is articulated beyond enforcing the Guidelines and requiring compliance by statutory authorities; the immediate, direct effect is to require CPCB/State PCBs/PCCs/local bodies to implement and monitor the Guidelines and take remedial action against violators.

Show all summary ...

Item No. 01 Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

(By Video Conferencing) Original Application No. 46/2018 (With report dated 01.10.2020) Nuggehalli Jayasimha Applicant Versus

Government of NCT of Delhi Respondent Date of hearing: 08.10.2020

CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER HON'BLE DR. NAGIN NANDA, EXPERT MEMBER

Applicant: Mr. Raj Panjwani, Senior Advocate with Mr. Aditya Singla, Advocate

Respondent: Mr. Aman Bhalla, Advocate for CPCB

ORDER

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.

2. 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 subject¹which 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.

3. 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.

4. 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.

14. 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

1 "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.

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.

15. 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 judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image/PDF."

5. 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.

5. 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."

6. 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. Adarsh Kumar Goel, CP

S. P. Wangdi, JM

Dr. Nagin Nanda, EM

October 08, 2020

Original Application No. 46/2018