National Green Tribunal
Pushpendra Kumar vs Block Development Officer Kadaura on 20 July, 2023
Item No. 06 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY HYBRID MODE)
Original Application No. 394/2022
(I.A. No. 78/2023 & I.A. No. 631/2023)
Pushpendra Kumar Applicant
Versus
Block Development Officer, Kadaura & Ors. Respondent(s)
Date of hearing: 20.07.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Ranjan Kumar Rai, Adv. for Applicant
Respondent: Dr. Rajneesh Dubey, ACS, Animal Husbandry with
Mr. Bhanwar Pal Singh Jadon & Mr. Chetan Jadon, Advs.
Ms. Chandni Singh, District Magistrate, Jalaun Mr. Ajay Sharma,
Member Secretary with Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for
UPPCB Mr. Atif Suhrawardy, Adv. with Ms. Anamika Sagar, Scientist E,
CPCB Mr. Shwetank Sailakwal, Adv. for R - 1 to 13, 15, 19, 21 & 25 Ms.
Taqdeeb Sajad, Adv. for R - 18 & 20
ORDER
1. The issue in this application is compliance of CPCB guidelines for the environmental management of gaushalas / dairy farms issued in July, 2020 and manual on Management of gaushalas by ICAR, New Delhi vide order dated 03rd May, 2016.
2. The applicant has submitted that the Chief Secretary, Government of Uttar Pradesh issued order vide notification dated 02.01.2019, to establish Gaushalas in villages (Gram Panchayats) and in Urban Areas (Nagar Nigam/Palika/Panchayat) to solve the problem of stray cattle.
Under the above notification, Block Development Officer of each block is appointed as President of all Gaushalas/Nirashrit Ashray Sthals (Stray 1 Cattle Shelter) running in the villages of the Block while District Magistrate is appointed as President for all Gaushalas/Nirashrit Ashray Sthals running in the District. In compliance with the above notification, 370 Gaushalas have been set up in District Jalaun. The Gaushalas/Nirashrit Ashray Sthals are not following the Solid Waste Management Rules 2016, CPCB guidelines for the Environmental Management of Dairy Farms and Gaushalas, Manual on Management of Gaushalas by Indian Council for Agricultural Research (ICAR) and the Gaushalas/Nirashrit Ashray Sthals are being run in violation of the environmental norms, rules, and regulations. Number of cattle kept in the Gaushalas/Nirashrit Ashray Sthals is higher than the capacity. The Gaushalas/Nirashrit Ashray Sthals are discharging cattle dung and waste water into the canals/drains leading to water clogging/water pollution/contamination of ground water. The Gaushalas/ Nirashrit Ashray Sthals do not have concrete floor and proper shelter to save the cattle from chilly winter and scorching summer. The cows are kept in the open where the dung and urine lies scattered and there is no regular cleaning thereof due to which the cattle get diseases of the foot and the mouth which are spread from one livestock to another.
Many livestock died inside these Gaushala/Nirashrit Ashray Sthals. Proper fodder is not served to the cows/stray cattle. Parali of Paddy (stems of residual of crop), which is sometimes rotten, is used as fodder which is harmful for the health of the livestock. None of the Gaushalas/ Nirashrit Ashray Sthals has taken consent to operate from the concerned authorities under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981.
3. The applicant has further submitted that a complete ban was imposed on illegal slaughter houses and slaughtering of animals in the shops vide order dated 30.01.2014 passed by Hon'ble Supreme Court in Laxmi Narain Modi Vs. Union of India and others (Writ-C309/2003 2 with Writ 330/2001, 44/2004) and Order dated 23.12.2014 passed by this Tribunal in O.A. No.339/2013 titled as Krishankant Singh Hoon and another Vs. Union of India and another, but illegal slaughter houses are being run in urban areas and villages of entire district Jalaun and slaughtering of animals ruthlessly/ brutally and sale of the meat in violations of environmental norms is causing sever environmental pollution.
4. The matter was taken up by this Tribunal on 27.05.2022 and a Joint Committee was constituted with directions to submit the factual and Action Taken Report. In compliance thereof, the Joint Committee has submitted the report with following recommendations:
"Recommendations:
After visit of the gaushalas, the Joint committee has the followings recommendations for proper management of these establishments:
1. All Gaushalas f temporary goashrya sthal located in district Jalaun should comply with the revised "Guidelines for environmental management of dairy farms and gaushalas" published by CPCB in 2021(revised) for environmental issues, waste management and regulatory I monitoring mechanism for gaushalas .The "Manual on Management of Gaushalas" published by the Indian Council of Agricultural Research provides information on minimum infrastructure (housing and ancillary) required for gaushalas, feeding management, protocol for identification and record keeping of animals, segregation and isolation of animals, veterinary care, maintaining hygiene as well as disposal of animal waste.
2. In case of any violation of environmental norms under Water (Prevention and Conte. of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environmental (Protect) Act, 1986 by Dairy farms and Gaushalas, concerned SPCBs/PCCs should impose environmental compensation as per CPCB methodology far "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
3. They may set-up individual or common treatment facilities where in cluster. Local bodies/corporations/SPCBs should facilitate Dairy farmers/ entrepreneurs/NGOs in setting up of individual or common treatment facilities 3
4. Water should be Judiciously used for battling of bovines and other services including floor cleaning to contain wastewater quantity to 50 litres/day/ bovine
5. Shelter management:
Proper housing is one of the basic needs for the cattle rehabilitated in these establishments. Adoption of guidelines regarding minimum infrastructure required for gaushalas would provide desirable welfare to the housed animals.
▪ All animals maintained at Gausl-ialas should be given adequate shelter to save them from inclement/harsh weather conditions and enough space to roam around. lie down and stand up again. Animals should be segregated /grouped in various groups based on their age for better management. • Feed and particularly green fodder were not available in required quantity. Animals are given more dry fodder and little or insufficient green fodder and concentrate cattle feed.
▪ The specifications for floor space (covered and open), feeding and watering for animals, stores (dry fodder and concentrate), staff quarter, land required for fodder production must be followed as per laid guidelines. • The flooring under covered area should be pucca (cemented / brick-on-edge. etc) and under open area should be kachcha for proper comfort and rest (follow BIS standards). Pucca flooring with sufficient slope felicitates proper cleaning of shed, • in view of proper management, the animals must be accommodated in separate sheds or partition as per their category (MiIch, dry, pregnant, growers, calves, adult males, etc). All the sheds must be properly ventilated • Isolation shed should be at one corner of the gaushala to accommodate infected animals which may become source of infection to the other healthy animals.
6. Feeding management All the cattle should be provided feed in adequate quantities and of adequate nutritional quality to meet their requirements for good health and welfare.
• The ration should be formulated to become balanced as per requirement of the different category of animals.
• The ration should be comprised of green fodder, dry fodder, concentrate mixture (energy, protein, fat, minerals & vitamins) and salt as per recommendations, Fresh water availability must be ensured to all the animals 4 • Sufficient feeding and watering area as per specifications should be provided in the gaushalas
7. Health management • Proper animal health care facilities (veterinary dispensary along with medicines, trevis, isolation shed, etc) must be ensured to minimize pain, injury and disease in the gaushalas. • Regular vaccination (as per vaccination schedule), deworming, control for ecto-parasites and screening of animals for TB. JD and Brucellosis should be followed in the herd.
8. Plantation of trees or green belts, wherever feasible, to provide a barrier against spread of foul smell or noise originating from them.
9. Local authorities/corporations should carry out inventory of Dairy farms and Gaushalas located in their jurisdiction
10. 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 laws. Registration may be done preferably through online mode and same may be displayed at their websites
11. All the meet shops /slaughter houses may obtain valid license from concerned authorities and follow guidelines for keeping clean surrounding environment of Jalaun District
12. SPCB shall publish a public notice for 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 in Orange and Green Category, respectively.
13. 13.SPCBilocal bodiesimunicipal corporations shall upload Environmental Guidelines on their website and also circulate to all Dairy farms and Gaushalas.
14. 14. SPCB/focal bodies/corporations should monitor dairy farms and gaushalas on regular basis.
15. 15.SPCB will consider carrying capacity of surroundings while allowing a new establishment and laying down environmental norms.
516. 16. SPCB should provide training and consultation to Gram Panchayat for implementation of guidelines in their jurisdiction. Gram Panchayat should ensure implementation of guidelines by Dairy farms and Gaushalas falling under their jurisdiction for handling and management of wastes.
5. The District Magistrate Jalaun attended the proceedings through Video Conference and submitted that there was huge disturbance due to stray cows who were old and left on roads as they were no more useful for the owners. To counter this problem State Government came up with a notification to capture these cows and put them in make shift gaushalas.
In compliance of the aforesaid notification various temporary gaushalas were made in different blocks in district Jalaun and are regularly monitored by the competent officer. The Block Development Officer was appointed as a Nodal Officer to purchase fodder for the cows through e-
tendering and to take care.
6. Principal Secretary, Government of Uttar Pradesh also attended the proceedings through Video Conference and submitted that necessary directions have been issued to the District Magistrate to make arrangements for temporary gaushalas which can accommodate 1000- 2000 cows. A provision has been made for sudden inspection to ensure the proper management of the gaushalas and during the inspection certain irregularities were found and directions were issued to remediate it immediately. Principal Secretary has further submitted that orders has been issued to identify the land for gaushalas.
7. Following action has also been taken by the District Magistrate for proper management of the gaushalas:
A) That as per record, on 01.07.2022a letter was sent to all the BDO's, all Executive officer's, Chief Veterinary officers and 6 all Deputy chief Veterinary officers of the district Jalaun apprising the fact that around 41906 Cattle Breeds (Gauvansh) are protected in various Gaushalas of the district and the issue of unprotected Gauvansh and also the conditions of Gaushalas in coming rainy season were highlighted. In order to protect the Gauvansh and Gaushalas. The directions were issued in the letter to take various measures for protection from sky lighting, fodder shortages and medical issues. Which are as follows:-
Preparation of kharanja and platform to avoid water logging in Gaushalas, Proper shed and tirpal in Gaushalas for rain protection Proper cleaning of Gauvansh sitting Platform/floor and charhi area in Gaushalas.
Proper HS vaccination of Gauvansh for protection from diseases andinsecticide, spraying of Gaushalas form protection from mosquitoes and other infections Installation of lightning conductor to protect Gauvansh from sky lighting in Gaushalas.
Prepare for Flood situation based on the historical data and follow the guidelines of National disaster management guidelines -- management of floods and develop Animal Care Management Preparedness Plan (ACFMP) as per the guidelines of State Disaster Management Authority of Uttar Pradesh.7
8. The matter has been dealt with earlier by this Tribunal and directions have been issued from time to time with a view to enforce the statutory mandate 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 for compliance of environmental norms. Against the order of the Tribunal dated 08.07.2019, Civil Appeal No. 7285/2019 filed by the SDMC was dismissed by the Hon'ble Supreme Court. The issue was also dealt with by 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. While issuing such direction, the High Court noticed unsatisfactory state of affairs. 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 has 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, ICAR- NBAGR, Karnal. The report dealt with sustainable management of unproductive cattle. The report specifies land requirement, feeding requirement, labour requirement and health management.
3. Vide order dated 01.04.2019, the Tribunal considered the allegation of air, water and soil pollution by the dairy industries. It 8 was alleged that solid and liquid waste releasing gaseous emissions was generated and dumped by the dairies in Delhi into the drains, meeting the river Yamuna, resulting contamination of river Yamuna. The waste clogged the drainage system which was becoming breeding ground for mosquitoes and other inspects andthus creating health hazard. Waste generated was also resulting in discharge of Ammonia and Nitrogen oxides in the air and nitrate in soil and ground water. The odour from dairies negatively impacted the air quality. Ammonia wafted into the air from manure lagoons. Gases known as volatile organic compounds were created by the huge piles of feed. The foul smell from the dairy caused migraine, severe headache and people had 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 also violation of Food Safety and Standards (Licence and Registration of Food Businesses) Regulations, 2011.
4. The Tribunal also noted various articles on the subject 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 Act.
5. After quoting the observation from the report of the Committee, the stand of the Delhi Pollution Control Committee (DPCC) that it was not concerned with the subject despite the violation being clearly acknowledged 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. It was noted that though various authorities of the Government were parties and represented by Counsel, no authority came forward to take the responsibility and none of the 9 Counsel made any suggestion for enforcement of law. In this background, the Tribunal by order dated 01.04.2019 directed the Chief Secretary to call a meeting of all concerned and fix their accountability. The Tribunal also noted that the DPCC had failed to perform its statutory duties under the Water Act, the Air Act and the Environment (Protection) Act, 1986 (EP Act) in preventing polluting activities, prosecuting the polluters and recovering compensation for restoration of the environment from the polluters.
6. The matter was further reviewed in the light of the report. Commenting on the said report, this Tribunal found that PCB was trying to avoid responsibility by taking untenable plea that only Municipal Corporations or other Departments were to monitor the pollution caused by the dairies. Accordingly, PCB was directed to enforce its statutory obligation of closing polluting activities, prosecute the polluters and recover compensation on 'Polluter Pays' principle. The Tribunal also directed CPCB to undertake a study and lay down appropriate guidelines for management and monitoring of environmental norms by dairies throughout country. The observations of the Tribunal are reproduced for ready reference:
"1 to 6 xxx......... xxx........................ xxx
7. We find that in spite of observations in the earlier order of this Tribunal as well as repeated orders in large number of cases, the DPCC seems to be avoiding its statutory responsibilities under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and to cover up their inaction, is passing the order of imposition of fines on other statutory bodies, without any jurisdiction. While the PCB may take action on 'Polluter Pays' principle against polluting activities of any statutory body, it has no authority to recover compensation for alleged inaction by such statutory authorities. Such authorities are not authorized to enforce the Water (Prevention and Control of Pollution) Act, 1974 or Air (Prevention and Control of Pollution) Act, 1981 which PCB itself has to enforce. Even if they have overlapping powers under other statute, the PCB 10 cannot avoid its obligation under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981. It is undisputed that the dairies are operating in violation of Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 as already noted in the order of this Tribunal. The PCB is required to ensure that the polluting activities, without consent to operate, are stopped by way of prohibitory order, prosecution and recovery of compensation which has not been done. Just as local bodies cannot fine DPCC for its utter failure, DPCC also cannot shift its onus and responsibility to local bodies and absolve from its responsibility. It has to proceed against polluters which it is avoiding to do.
8. We find that as per the circular dated 05.03.2016 issued by the MoEF&CC, the dairy industries fall under the 'Orange' category industries. Consent to operate is necessary under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 and Section 25 of the Water (Prevention and Control of Pollution) Act, 1974. Under the Environment (Protection) Rules, Schedule-I, read with Rule-3, lays down the norms for discharge by various activities or operations. Entry 56 deals with 'dairies' (industrial units) and provides for standards of effluents and violation of such standards.
9. We find that the action of the State PCB is inadequate. Under Section 15 of the NGT Act, 2010, this Tribunal has to deal with enforcement of statutes mentioned in Schedule-I which include Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986. Such violations may also be overlapping with the other statutory violations for which concerned statutory authorities have to take action on that ground. The local bodies have the responsibilities under the SWM Rules, 2016 but on that ground, the PCB cannot avoid its responsibility. Local bodies must perform their statutory duties.
10. In view of above, while disapproving the above illegal action of PCB as well as its inaction, we expect the PCB now to enforce its concerned statutory obligations by closing polluting activities, prosecuting the polluters and recovering compensation 11 from the polluters in accordance with law and to furnish a further report to this Tribunal by e-mail at judicial- [email protected] before the next date. We may note that livestock is a major source of methane emissions and studies on the subject show that the problem in India is severe. Results of a recent study1 3show that the Indian livestock emitted 15.3 million tonnes of methane in 20122. Enteric methane emission from Indian livestock contributed 15.1% of total global enteric methane emission. In India, contribution of enteric methane was 91.8% of the total GHG emissions, followed by manure methane (7.04%) and manure Nitrous Oxide (1.15%) in the year 20105. The livestock sector in India has the potential to cause surface temperatures to surge up to 0.69 millikelvin over 20 year time period which is roughly 14 per cent of the total increase caused by the global livestock sector. Methane has a warming potential 20 times higher than carbon dioxide. Globally, livestock sector generates 65 percent of human-related nitrous oxide, which has 296 times the Global Warming Potential (GWP) of CO2. Most of this comes from manure.6While the dairy industry is covered by 'Orange category' under the circular dated 05.03.2016 issued by the MoEF&CC, no such guidelines are said to be existing for management and rearing of livestock.
As per available statistics, prepared by the CPCB population of adult female bovine in the country is 13,32,71,000. Many dairy farms and gaushalas discharge the cattle dung along with wastewater into the drains, leading to clogging, which ultimately reach rivers and creates water pollution. Also, these clogged drains become breeding ground for mosquitoes, creating health hazards and odour nuisance. The dung produces many gases/compounds such as Carbon dioxide, Ammonia, Hydrogen 1 Study carried out by the Indian Institute of Technology Delhi and the DeenbandhuChhotu Ram University of Science and Technology, Murthal in Ecotoxicology and Environmental Safety, Climate change impact of livestock CH4 emission in India: Global Temperature change Potential (GTP)and surface temperature response, https://www.sciencedirect.com/science/article/pii/S0147651317305766, Volume 147, January2018, Pages 516-522.
2 Id.
5https://www.ajas.info/journal/view.php?number=4850. 6http://www.fao.org/newsroom/en/news/2006/1000448/index.html 12 sulphide, Methane, etc. which are emitted into the atmosphere and are responsible for degradation of air quality. The greenhouse gases, mainly Methane and Carbon dioxide, produced by dung also impact the climate. Disposal of cow/buffalo dung is the biggest challenge in dairy farms and gaushalas. However, cattle dung, if effectively utilised, can be an excellent resource of manure & energy and reduce the adverse impact on environment. The cattle dung contains many beneficial constituents which may be used as fuel source either by direct combustion or converted to biogas, soil conditioner, fertilizers, material for wall plastering, construction of granaries, livestock & fish feeding, etc. The draft Guidelines stipulate solid waste management, waste water management, air quality management, monitoring mechanism to be adopted by the local authorities/ Corporations/ PCBs/ PCCs. The guidelines also prescribed a Performa for monitoring by the local authorities/Corporations for preparing inventories of dairies farm and gaushala.
At this stage, we may refer to the salient features of the CPCB guidelines. Statistics provided is as follows:
"The dairies/gaushalas may be categorised on the basis of nos. of animals (adult cows & female buffaloes) in a dairy/gaushala i.e. Category-I (upto 25 animals), Category-II (26- 50 animals), Category- III (51-75 animals), Category-IV (76-100 animals) and Category-V (above 100 animals).
As per the Livestock Census, carried out by the Department of Animal Husbandry, Dairying & Fisheries, Ministry of Agriculture and Farmers Welfare, the year-wise livestock population of adult female bovine is as follow:
Adult Adult Total
Sl. Year
Cows Female Cows
No.
Buffaloes &
Buffal
oes
1 1951 5,44,00,00 2,10,00,000 7,54,00,000
2 1956 4,73,00,00 2,17,00,000 6,90,00,000
3 1961 5,10,00,00 2,43,00,000 7,53,00,000
4 1966 5,18,00,00 2,54,00,000 7,72,00,000
5 1972 5,34,00,00 2,86,00,000 8,20,00,000
6 1977 5,46,00,00 3,13,00,000 8,59,00,000
7 1982 5,92,00,00 3,25,00,000 9,17,00,000
13
8 1987 6,21,00,00 3,91,00,000 10,12,00,000
9 1992 6,44,00,00 4,38,00,000 10,82,00,000
10 1997 6,44,00,00 4,68,00,000 11,12,00,000
11 2003 6,45,00,00 5,10,00,000 11,55,00,000
12 2007 7,30,00,00 5,45,00,000 12,75,00,000
13 2012 7,67,00,00 5,66,00,000 13,33,00,000
14 2019 5,50,00,000 13,64,00,000
8,14,00,00
0
Also, as per the Livestock Census carried out by the Department of Animal Husbandry, Dairying & Fisheries, Ministry of Agriculture and Farmers Welfare, in 2019, the state-wise total population of adult female bovine is as follow:
SI. State/UT Adult Adult Total Cows
No. Cows Female &
Buffaloes Buffaloe
s
1. Andhra 19,80,00 31,61,000 51,41,000
Pradesh 0
2. Arunachal 1,02,000 2,000 1,04,000
3. Assam 38 1,38,000 39,56,000
18,000
4. Bihar 71,47,00 36,70,000 1,08,17,00
0 0
5. Chhattisgarh 33,79,00 3,83,000 37,62,000
0
6. Goa 30,000 14,000 , 44,000
7. Gujarat 44,94,00 56,71,000 1,01,65,00
0 0
8. Haryana 9,45,000 21,00,000 30,45,000
9. Himachal 9,32,000 3,69,000 13,01,000
10 Jammu & 12,31,00 4,02,000 16,33,000
0
11 Jharkhand 34,58,00 4,35,000 38,93,000
0
12 Karnataka 40,63,00 16,71,000 57,34,000
0
13 Kerala 6,90,000 8,000 6,98,000
14 Madhya 73,42,00 52,96,000 1,26,38,00
Pradesh 0 0
15 Maharashtra 56,99,00 33,19,000 90,18,000
0
16 Manipur 77,000 10,000 87,000
17 Meghalaya 3,33,000 3,000 3,36,000
18 Mizoram 21,000 1,000 22,000
19 Nagaland 21,000 3,000 24,000
20 Odisha 31,94,00 1,52,000 33,46,000
0
21 Punjab 15,25,00 22,76,000 38,01,000
0
22 Rajasthan 68,19,00 70,15,000 1,38,34,00
0 0
23 Sikkim 68,000 0 68,000
24 Tamil Nadu 48,20,00 2,61,000 50,81,000
0
14
25 Telangana 14,93,00 21,86,000 36,79,000
0
26 Tripura 3,03,000 3,000 3,06,000
27 Uttarakhand 8,22,000 4,96,000 13,18,000
28 Uttar Pradesh 92,07,000 1,57,32,000 2,49,39,000
29 West Bengal 72,73,000 1,93,000 74,66,000
30 A & N Islands 16,000 1,000 17,000
31 Chandigarh 8,000 8,000 16,000
32 Dadar & Nagar 4,000 1,000 5,000
33 Daman & Diu 1,000 0 1,000
34 Delhi Not Not available Not available
35 Lakshadweep 1,000 0 1,000
36 Puducherry 37,000 2,000 39,000
37 All India 8,13,53,000 5,49,82,000 13,63,35,000
9. The report mentions environmental issues as follows:
"2.Environmental Issues in Dairy Farms and Gaushalas The major environmental issues of dairy farms and gaushalas are discharges of dung and urinal wastewater. The poor handling of dung and wastewater causes odour problem also. A Bovine animal, on an average, weigh 400 kg and discharges 15-20 kg/day of dung and 15-20 litres/day of urine.
Many dairy farms and gaushalas discharge the cattle dung along with wastewater into the drains, leading to clogging, which ultimately reach to rivers and create water pollution. Also, these clogged drains become breeding ground for mosquitoes creating health hazards and odour nuisance. The dung produces many gases/compounds such as carbon dioxide, ammonia, hydrogen sulphide, methane, etc. which emitted into the atmosphere and responsible for odour issue.
The disposal of cow/buffalo dung is the biggest challenge in dairy farms and gaushalas. However, cattle dung, if
effectively utilised, can be a resource of manure & energy. The cattle dung contains many beneficial constituents which may be used as fuel source either by direct combustion (dung wood) or converted to 15 biogas, soil conditioner, fertilizers, material for wall plastering, construction of granaries, livestock & fish feeding, etc."
(emphasis supplied)
10. The guidelines are:
"3. Guidelines for Waste Management in Dairy Farms and Gaushalas:
3.1 Solid Waste Management The solid wastes produced from dairy farms and gaushalas are basically organic in nature, consisting of cattle dung, feed residue, bedding, etc. The waste produced is not hazardous in nature but its proper handling and disposal needs attention. The guidelines for the management of solid wastes are as follow:
i. Dairies and gaushalas should collect dung from the floor of the shed at regular interval, so as to keep the floor clean. The surrounding areas should also be cleaned regularly to prevent obnoxious smell in the area.
ii. Dairy premises and its surrounding areas
should be properly sanitized and
disinfected, e.g. by sprinkling crushed lime, regularly.
iii. The solid wastes should be collected & stored properly for its treatment. iv. Dairies and gaushalas should dispose the biomedical wastes (vaccines, vails, medicines, syringes, etc.) as per the provisions of "Biomedical Waste Management Rules, 2016".
v. Dairies and gaushalas should not wash dung & fodder residue etc. into drains in order to avoid clogging of drains. The local bodies/corporations/SPCBs should ensure that untreated wastes are not discharged outside the dairy premises.
vi. Dairies and gaushalas should have adequate infrastructure to ensure proper handling, treatment and disposal of solid wastes and wastewater. They may set-up individual or common treatment facilities wherein cluster.
The local government
bodies/corporations/SPCBs should
facilitate the dairies/gaushalas/
entrepreneurs/ NGOs in setting up of
individual or common treatment
facilities.
16
vii. The following methods for disposal/
utilisation of solid wastes (dung) may be adopted:
a. Composting/Vermicomposting:
Composting is a manure management practice to reduce the impact on the environment. Composting is the biological decomposition and stabilization of organic material. The process produces a final product that is stable, free of pathogens, reduced odours and can be applied on the land. Vermicomposting is the method of preparing compost with the use of earthworms that enriches soil quality by improving its physicochemical and biological properties. It is becoming popular as a major component of organic farming system.
b. Biogas/Compressed biogas (CBG) production (anaerobic digestion): Biogas plants are the best way to handle the dung waste. Biogas is generated in the process of biodegradation of organic materials under anaerobic conditions which may be utilised for cooking and power generation. The Biogas plant provides the digested organic manure for crops. Biogas can be processed and filled in cylinders. The bio-gas may be further purified to remove hydrogen sulphide (H2S), carbon dioxide (CO2) & water vapour and compressed (known as Compressed Bio Gas, CBG) which has methane (CH4) content of more than 90% as per BIS standard IS 16087:2016. CBG has calorific value and other properties similar to CNG and hence can be utilized as green renewable fuel as replacement of CNG in automotive, industrial and commercial areas.
c. Manufacture of dung wood to be used as fuel: The cattle dung can be used as fuel as a replacement of firewood. The cattle dung can be dewatered and converted to value added products such as logs, powder etc. by mechanized/semi-mechanized machines. This option can be easily adopted at dairy farms and gaushalas in economical manner, 17 creating substantial value & no damage to the environment.
3.2 Wastewater Management The guidelines for the management of wastewater are as follow:
i. Dairies and gaushalas should take necessary steps for the judicious usage of water for drinking & bathing of cattles and other services including floor cleaning, however, the same should not exceed 150 litres/day/cattle.
ii. Dairies and gaushalas should ensure that the wastewater, being discharged, is adequately treated so as to meet the standards as prescribed by SPCBs/PCCs.
iii. Dairies and gaushalas should ensure that the wastewater does not percolate through ground and pollutes the groundwater. The flooring of the shed should be properly paved (impervious) with a wastewater collection system. However, the floor should not be slippery in order to ensure safety of animals.
3.3 Air Quality Management The guidelines for the management of air quality/emissions (includes gaseous emissions, odour and dust) from dairy farms and gaushalas are as follow:
i. The animal housing should be adequately ventilated allowing sufficient supply of fresh air to remove humidity, dissipate heat and prevent build-up of gases such as methane, carbon dioxide, ammonia, etc. ii. Dairy farms and gaushalas should follow good housekeeping practices like maintaining proper sanitary conditions, protecting dung from unwanted pests/insects in order to minimize odour nuisance.
iii. The floor, feeding, water and air spaces available for each animal should be adequate for standing, resting, loafing, movement, feeding, watering and ventilation. The space requirements should be provided as per the standards prescribed by the Bureau of 18 India Standards (BIS).
iv. Dairy farms and gaushalas should improve/modify the quality and dosage of feed/forage/supplements in order to reduce enteric methane generations from livestock. It is beneficial to animal health/nutrition and reduced impact on environment. They should obtain ration advisory for the same from any of the agricultural institutes/departments like Krishi Vigyan Kendra, State Dairy Department, Animal Husbandry Department, NDRI, NDDB, etc. v. Dairy farms and gaushalas should plant trees or develop green belts to provide a barrier against the spread of foul smell or noise originating from them.
4. Siting Policy:
The siting policy for dairy farms and gaushalas are as follow:
(i) Dairy farms and gaushalas should be located outside city/village boundaries and away from residential dwellings, 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 19 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.
5. Regulatory/ Monitoring Mechanism:
(i) The local authorities/corporations should carry out inventory of all the dairy farms and gaushalas located in their jurisdiction in the prescribed performa given at Annexure-II. The same should be updated and shared with the concerned SPCB/PCC on annual basis (calendar year wise).
(ii) All the dairy farms and gaushalas should be registered with the local bodies/corporation preferably through online mode. The local bodies/corporations should display the same at their websites.
(iii) The dairy farms (having animal population of 10 & above animals) and gaushalas should obtain consent to establish and consent to operate under Water Act, 1974 as well as Air Act, 1981 from the concerned SPCBs/PCCs.
(iv) 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.
(v) The concerned local bodies/corporations/SPCBs /PCCs 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 20 SPCBs/PCCs will considered the carrying capacity of the surroundings while allowing a new establishment and laying down the environmental norms.
(vi) 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.
(Emphasis supplied)
9. We are of the view that the guidelines (2021) framed and circulated may be 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 at least once in six months.
With regard to siting policy, at least minimum distance must be specified from habitations, water bodies, etc. as well as inter-se distance of such establishments 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, 21 1986.
10. Learned counsel for the applicant has further submitted that the guidelines issued by the CPCB and orders and directions/notifications issued by the Government of Uttar Pradesh had not been strictly complied with and a monitoring mechanism was initiated by the State of UP to monitor compliances of the environmental rules by constituting a Committee known as Oversight Committee, Lucknow consisting one Judicial Member and one Executive/Expert Member from the cadre of retired Chief Secretary or Principal Secretary and the Committee is already functioning and compliances are being monitored and reported to this Tribunal.
12. In the relief clause (F), it has been prayed that the matter of compliance of CPCB guidelines, prevention of Cruelty to Animals, transport of animal's rules, prevention of cruelty to animals (slaughterhouse) rules, etc should be given to this Committee and the Committee will obtain and examine the report submitted by the authorities concerned and will submit the report to the Tribunal for consideration. Accordingly, the Committee headed by (presently Justice SVS Rathore), Oversight Committee, Lucknow is authorized and directed to examine and monitor the compliance of the order in coordination with the PCB and department concerned and to submit the report independently within three months. Committee to continue till further order.
13. Additional Chief Secretary, State of U.P has further submitted that the guidelines issued by the CPCB are strictly followed and government has taken a policy of Goverdhan Yojnaana providing certain state aid and steps are being taken to protect the cows and to take strict action against the smugglers/violator of law. He sought 30 days' time to submit the further action taken report. Further Action Taken Report on equipping and 22 maintaining gaushalas for good health - hygiene and maintaining environment as well as utilizing the stray cattle's for meaningful purposes be filed in six weeks.. Personal appearance of officers attended today through VC are exempted.
List it on 19th October, 2023 Sheo Kumar Singh, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 20, 2023 PU 23