National Green Tribunal
Edenburg City Resident Welfare ... vs State Of Haryana on 1 February, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Execution Application No. 24/2021
In
Original Application No. 989/2019
(I.A. No. 26/2022)
Ved Prakash Aggrawal Applicant
Versus
Municipal Commissioner, Nagar Nigam Ghaziabad Respondent
Date of hearing: 01.02.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Ved Prakash Aggarwal, Applicant in Person in E.A No.
24/2021
Mr. Devendra N. Tripathi, Advocate for Applicant in I.A No.
26/2022
Respondent(s): Mr. Mahendra Singh Tanwar, Municipal Commissioner with Mr.
Vibhav Mishra, Advocate for Ghaziabad Nagar Nigam
Mr. Krishna Karunesh, Vice Chairman, Ghaziabad Development
Authority
Mr. R.K. Singh, District Magistrate, Ghaziabad
Mr. Pawan Kumar, SSP, Ghaziabad
Dr. Mithilesh Kumar, District Health Officer, Ghaziabad
Mr. Ajay Kumar Sharma, Member Secretary with Mr. Pradeep
Misra & Mr. Daleep Dhyani, Advocates for UPPCB
ORDER
1. This application seeks execution of order dated 08.10.2020 in OA 989/2019, Ved Prakash Aggrawal v. Municipal Commissioner, Nagar Nigam Ghaziabad. By the said order, Tribunal dealt with the issue of illegal operation of dairy farms in residential colony of Chiranjiv Vihar, 1 Ghaziabad. After considering stand of UPPCB and Municipal Corporation Ghaziabad, the Tribunal directed as follows:
"1 & 2. xxx ...............................xxx................................xxx
3. Accordingly, the State PCB has filed its report dated 06.10.2020 to the effect that inspection was carried out and action was initiated in view of the non-compliance observed under the relevant provisions of the Water (Prevention and Control of Pollution) Act, 1974.
4. Let further action be taken by the UPPCB. We have passed a separate order today in Original Application No. 46/2018, Nuggehalli Jayasimha v. Government of NCT of Delhi for finalizing of Guidelines by the CPCB on the subject. The State PCB may follow the said guidelines."
2. Applicant thereafter filed Execution Application No. 04/2021, Ved Prakash Aggrawal v. Municipal Commissioner, Nagar Nigam Ghaziabad without giving particulars of the alleged violators and without impleading them as party. Tribunal disposed of the said application on 09.03.2021 as follows:
"1. xxx ...............................xxx...................................xxx
2. In the present application, it is stated that the applicant sought information about compliance of said above order under the RTI Act but has not been able to get any such information. Thus, in absence of specific information and material showing non-compliance and the alleged violator being made party, it is not possible to pass any further order.
The application is accordingly disposed of without prejudice to the remedies being taken based on specific allegations and material."
3. The matter was then considered on 08.09.2021. The Tribunal directed remedial action by the State PCB and the Municipal Corporation, Ghaziabad and also filing of an action taken report before the Tribunal.
The matter was further considered on 25.01.2022 in the light of action taken report filed by the Municipal Corporation, Ghaziabad on 08.12.2021 mentioning the action taken against the illegally operating dairies.
2However, since acknowledged violations were still continuing, the Tribunal required further action in the matter and personal appearance of the concerned officers. The operative part of the order is reproduced below:-
"11. It is really a matter of serious concern where Statutory Regulators as well as State officials who are responsible and accountable for protection and management of environment, not only have failed in discharge of their statutory duties but also have not taken any effective action despite orders passed by this Tribunal repeatedly. We also could not understand, why State PCB officials who have enough powers under various Statutes relating to environment to take appropriate action in the matter have not exercised such statutory powers and have shown complete laxity and apathy. This is serious and need be dealt with sternly. However, before passing any final order in the matter we find it appropriate to give an opportunity to the concerned officers/authorities to explain their conduct and also to grant short time as requested by City Health Officer who has appeared before us to ensure compliance of Tribunal's order.
12. Let this matter may again come up on 01.02.2022 on which date a fresh action taken report shall be filed by Municipal Corporation Ghaziabad. State PCB would show as to what effective action has been taken for execution and compliance of Tribunal's order and why it did not file any action taken report as directed earlier. Further District Magistrate, Ghaziabad, SSP, Ghaziabad, Vice Chairman, Ghaziabad Development Authority, Municipal Commissioner, Ghaziabad Municipal Corporation and Member Secretary, UPPCB shall remain present, virtually, on the next date to explain as to why no coordinated or individual action has been taken against polluters and steps for prevention of crime affecting public health by polluting environment were not taken."
4. In pursuance of above, Municipal Corporation, Ghaziabad has filed a compliance report dated 31.01.2022 inter alia stating as follows:-
"III. That the DHO has also written Letter No.3527/Health/2022 dated 25.01.2022 to the SHO- PS Kavinagar for lodging the FIR against the polluters u/s 269, 270, 277, 278, 283, 284, 286, 291, 431 IPC and 37(2) and 41(3) of the Air Act, 1981 and Water Act, 1974 respectively. The true copy of the Complaint dated 25.01.2022 is annexed herewith and marked as ANNEXURE A-
02. IV. That in meantime, the PS- Kavinagar has lodged the FIR No.95/2022 dated 25.01.2022 u/s 26(1) of the NGT Act, 2010 and Air Act, 1981 against 20 polluters on complaint dated 30.11.2021 sent to the SHO-PS Kavi Nagar by the Safai Naik.3
The true copy of the FIR No.99/2022 dated 25.01.2022 is annexed herewith and marked as ANNEXURE A-03.
V. That the Municipal Commissioner on the very same date directed the DHO and communicated with the DM that site inspection of joint teams comprising officials of the Nagar Nigam along-with Additional City Magistrate and adequate police-force be immediately done for ensuring closure of the dairies and effective compliance of the order of the Hon'ble Tribunal. The site inspection was carried out on 26.01.2022. Few Dairies situated in Chiranjeev Vihar, Ghaziabad were already found shut and the remaining dairies were closed and sealed in the presence of the ACM. The sealing of the Dairies has been completed. During the process, 16 Buffalo and 6 calf were also seized by the Municipal Corporation and were sent to the Govt Gaushala. The entire process was video- photographed. Water and Electricity Connections were disconnected.
VI. That as on date No Dairy is functional in the said area. The photographs dated 26.01.2022 are annexed herewith and marked as ANNEXURE A-04.
VII. That demolition of the structures permanently which are made without the approval of the GDA in the site-area shall require the assistance of GDA, which is the appropriate body for issuing notice for demolition of buildings.
VIII. That all compliance of the orders of the Hon'ble Tribunal been made and no dairy is functional in the said area. In compliance of the directions of the UP-PCB, the water and electricity have also be severed. The cattle seized have been taken to the Govt facilities."
5. The applicant has filed objections to the action taken report dated 28.01.2022. It is stated that no adequate action has been taken. The relevant extracts of the objections are reproduced below:-
"6. That the Action Taken Report has reported that - "During inspection, the Dairy Owner voluntarily closed the process and vacated the site." "Dairy premise could not be sealed as residence of dairy operator was also there." While the fact is that the Dairy Operators removed their buffalos in the vicinity or beside the railway lines which is not within the Chiranjiv Vihar jurisdiction and after the departure of the joint team led by UPPCB, most of them have returned to site and start their operation as usual. In view of the above, the report is misleading and it proves nexus in between the Dairy Operators and the Administration.
7. That Public Notice was issued on 28/01/2022 in the Amar Ujala and Hindustan (Hindi Dailies) to bring to the notice of all Dairy Operators to obtain "consent to operate" under the 4 provisions of Water (Prevention and Control of Pollution) Act- 1981. But, no Rehabilitation Plan has been given. In this regard, if permitted, to get rid of this menace permanently, it is suggested that Ghaziabad Nagar Nigam may develop a "Dairy Farm / fais shala " beside the "Gaushala" and more lands may be available from Northern Railway. If it is done, both parties would be benefitted as under:
Northern Railway - (a) Encroachment may be prevented, (b) Maintenance of railway land as per Swachh Bharat Mission, (c) Prevention of mosquito menace due to water-logging therein. Ghaziabad Nagar Nigam - Availability of sufficient land to develop Dairy Farm and Gaushalas along with several other environment friendly, sustainable and financially viable projects. Moreover, it is feared that all such Dairy Operators/Firms would come back by taking "consent to operate" as some are still operating.
8. That it appears that the UPPCB is very technical and expert in paperwork, rather than on-ground actions. In its letter dated 27/01/2022, it has communicated the order of the NGT dated 27/08/2020 to all concerned offices and Nagar Palikas and Panchayats in Ghaziabad District to act accordingly. But, as usual, no action has been taken so far. It is sure that the environment of Chiranjiv Vihar can't be cleaned enough unless and until its neighborhood is cleaned. Hence, a Composite Plan is needed which would give the order of NGT dated 25/01/2022 a sustainable effect. Moreover, it is also sure that it is paramount that the neighborhood of NCT of Delhi be "Clean and Green". If "clean and green" environment prevails in Ghaziabad, the NCT of Delhi will also be benefitted a lot
9. That the Action Taken Report has reported that - "Submersible Pumps" have been sealed. Objection is raised against the existence of such Submersible Pumps in residential areas. No action has been taken yet against the perpetrators for installation of such Submersible Pumps.
10. That the Enforcement Drive was conducted on 26/01/2022 by the team comprising (a) District Administration, (b) District Police, (c) Ghaziabad Nagar Nigam, (d) UPPCB and (e) UP Power Corporation limited. It is very surprising that they found only 2 Dairies are operational on 26/01/2022. Moreover, no "surprise"
raid/checking has been conducted thereafter
11. That in view of the position stated above, it is requested that the UPPCB may be directed to ensure and safeguard the environment of Chiranjiv Vihar, Ghaziabad area by surprise visits along with reporting the development in Air and Water Pollution level to NGT and to all other concerned agencies continuously at least for five years and the Applicant (Ved Prakash Agarwal) may be allowed to file his objections if anything is observed in contrary to the NGT order dated 25/01/2022, since it is a continuous process hence be instant case should not be closed at all .
512. That it is also feared that the earlier condition will prevail and the agencies will not act against the perpetrators if the instant case is closed for ever, besides there is exponential scope for financial loss, mental agony and physical harassment/threat to the Applicant.
13. That it is urged to the National Green Tribunal to form a Monitoring Committee for the whole District of Ghaziabad under the supervision of National Green Tribunal for continuous monitoring and compliance.
14. Hence, the Hon'ble National Green Tribunal may pass such order as it may deem fit and proper in the facts and circumstances of the case and in the interest of providing clean air and water to the residents of a fully developed residential colony i.e. Chiranjiv Vihar, Ghaziabad."
6. Intervention application (I.A. No. 26/2022) has been filed by Jaiprakash son of Lt. Shri Chaman Singh, resident of A1/126, Sector 03, Chiranjeev Vihar, Ghaziabad and Dayaram son of Lt. Kaluti, resident of Avantika, Ghaziabad against the action initiated by the Municipal Corporation in impounding the cattle and interfering with the operation of the dairies. According to the said intervenors, they are owners of the plot and cattle and are following the environmental norms. This self serving denial is obviously contrary to the facts found by the statutory regulators and cannot be accepted.
7. We have interacted with the officers present during the hearing and give our due consideration to the issue before us. While dairies are necessary for supply of milk, activities of such dairies need regulation in terms of location and functioning. In absence of scientific location and functioning, issues of hygiene, sanitation and clean environment remain unaddressed. The matter has been dealt with by this Tribunal earlier in the light of expert studies on the subject in O.A No. 46/2018, Nuggehalli Jayasimha v. Government of NCT of Delhi. The Tribunal also referred to order of the Delhi High Court in Common Cause v. UOI, (2007 SCC Online Del 863) wherein the Delhi High Court observed that the dairies need to be 6 relocated to appropriate locations to avoid traffic hazard as well as to prevent diseases in crowded urban locations. The Tribunal held that sustainable rearing and management of cattle was part of 'sustainable development' and noted that CPCB had finalized Guidelines on 05.06.2020 which were uploaded on the websites of all the State PCBs/PCCs. The Guidelines provided for location as well as regulation of the dairies.
Relevant observations from such order are reproduced below:-
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.7
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.
8viii. 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."
8. In the light of above, all States/UTs need to follow location and regulation guidelines on the subject and frame and execute policies accordingly. There is need for convergence of different departments for coordinated action in the matter. There is need for joint meetings of regulatory bodies as well as the stakeholders - State PCB, Municipal Corporation, Ghaziabad Development Authority, District Administration, District Magistrate, etc. The joint Committee needs to consider steps for 9 compliance of CPCB Guidelines on the subject of location as well as regulating functioning of the dairies consistent with the requirement of environment, public health as well as so as to ensure sustainable dairy development at appropriate locations.
9. The issue of unscientific functioning of dairies is not confined to Ghaziabad or even the State of UP. It is of a universal nature which calls for a call to be taken at level of State administration of all States/UTs in the country with coordination of Agriculture, Local Bodies and Environment departments, with nodal agency being the Environment Department. Such joint Committees at the State level may meet within two months to review and evolve an appropriate policy and plan applicable throughout the States/UT which may then be circulated to all District Magistrates. For this purpose, a copy of this order be forwarded to the Chief Secretaries and the District Magistrates and PCBs/PCCs of all the States.
10. The Application will stand disposed of. However, the State PCB and the District Magistrate, Ghaziabad may file a joint action taken report in the matter after coordinating with the other concerned departments including the Municipal Corporation, Ghaziabad and Ghaziabad Development Authority by June 30, 2022 with the Registrar General of this Tribunal by email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If any further direction is found necessary, he may place the matter before the Bench.
I.A. No. 26/2022 also stands disposed of.
Adarsh Kumar Goel, CP 10 Sudhir Agarwal, JM Dr. Afroz Ahmad, EM February 01, 2022 Execution Application No. 24/2021 In Original Application No. 989/2019 (I.A. No. 26/2022) AB 11