National Green Tribunal
Suresh Kumar & Anr vs State Of Haryana on 16 September, 2022
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
(By Video Conferencing)
Original Application No. 431/2021
Suresh Kumar & Anr. Applicant
Versus
State of Haryana Respondent
Date of hearing: 16.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondents: Mr. Anil Grover, Sr. AAG alongwith Mr. Rahul Khurana, Advocate
for HSPCB.
Mr. Bhupinder Chahal, Regional Officer of HSPCB Kaithal.
Application is registered based on a complaint received by Post
ORDER
1. Grievance in the application is regarding pollution and adverse effect on the bio-diversity as well as on the agricultural land due to Hatchery (Hens Hatching/poultry Farm) being run by some persons namely 1) Pramod Sehwag, 2) Jogendra & 3) Rajendra in H. No. 3829, Defence Colony, Near Gol School, village Manoharpur, Barsana Road, Jind, Haryana. It is submitted that Hatchery is illegal and is working in violation of the environmental norms. It is further submitted that due to high speed fans, feathers of hens from poultry farm spread all over the agricultural land and are damaging the standing crops. It is also submitted that foul smell emitting from the poultry is a serious health hazard for the cattles as well as nearby villagers.
2. Vide order dated 27.01.2022, this Tribunal constituted a Joint Committee comprising of the State PCB, Veterinary and Animal Husbandry O. A. No. 431/2021 Suresh Kumar & Anr. Vs. State of Haryana -2- Department, and District Magistrate, Jind, (Haryana) and directed the same to submit Factual and Action Taken Report within two months.
3. In compliance thereof, the Regional Officer, Kaithal Region has submitted report of the Joint Committee vide letter/email dated 15.09.2022 The relevant part of the report reads as under:-
"X X X X X
A. Background
The application has been made before the Hon'ble NGT regarding pollution and adverse effect on the blo-diversity as well as on the agriculture land due to Poultry Farm being run by some persons namely 1) Parmod Sehwag 2) Jogendra& 3) Rajendra- House no. 3829, defence colony, Near GoI School, village Manahorpur, Barsana Road, Jind, Haryana. It is submitted that Hatchery is illegal and In working In violation of environmental norms. Due to high speed fans, feathers of hens from poultry farm spread all over the agriculture land and are damaging the standing crops. It Is also submitted that foul smell emitting from the poultry is a serious health hazardous the cattle as well as nearby villages The said matter OA no. 431 of 2021 was listed before Hon'ble National Green Tribunal on 27.01.2022 and passed an order the operative part of the Order Is as under:
" Having regard to the seriousness of the allegations, it appears necessary to ascertain the factual position in the matter through a joint committee if the State PCB, Veteriniary and Animal Husbandry Department, and District Magistrate, Jind (Haryana). The State PCB will be the Nodal Agency for coordination and compliance. The joint Committee may meet within four weeks and undertake site visit and look inot the grievance of the applicant. Factual and action taken report ma be furnished within three months by e-mail at judicial-notPoov.in preferably in the form of searchable PDF/OCR support PDF and not in the form of Image PDF."
Copy the order dated 27.01.2022 is attached as Annexure-R1.
B. The methodology adopted by the joint team for investigating the matter:
In compliance of the order issued by this Hon'ble NGT letters dated 24.02.022 and 26.03.2022 were sent to Deputy Commissioner, Jind to nominate the officer for joint committee for inspection of Poultry Farm In question. Deputy Commissioner, Jind vide letter no. 463 dated 05.04.2022 constitute the committee. Copy of letter dated 05.04.2022 O. A. No. 431/2021 Suresh Kumar & Anr. Vs. State of Haryana -3- is attached as Annexure- R-2. The Poultry Farm was inspected by following officers:
i. Sh. Vipin Kumar, Assistant Environment Engineer, Jind ii. Dr. Robin Singh, Veterinary Surgeon, Jind. iii. iii. Sh. Suresh Kumar, Kanongo; Jind The joint committee inspected the said Poultry Farm on 13.04.2022 to check the compliance of Environmental Guidelines issued by CPCB in January, 2022 to regulate the pollution arise from poultry farm.
C. Detail of compliance as per Environmental Guidelines Issued by CPCB in January, 2022 The unit against whom complaint is made before this Hon'ble Tribunal was found operating in the name of M/s Sehawag Research & Breeding Farm at village Manoharpur, Jind engaged in egg formation and is a Poultry Farm unit. The Poultry Farm was established. In the year 2008 and have provided S no. of Sheds. 4 sheds were in operation phase and one shed was under construction. The total handling capacity of birds at Poultry Farm are 16500 and presently 10000 birds arc existing at the said Poultry Farm. During Inspection following deficiencies were found by the said Poultry Farm:-
I. For Minimization of odour/gaseous pollution
1. Proper ventilation and free flow of air over manure collection points to keep it dry shall be ensured. ........ Not provided
2. Manure should be protected from Run-off water and from unwanted pests/Insects ........ Not provided
3. Well-designed storage facilities should be provided to contain manure /litter ........ Not provided
4. Carcasses of dead birds shall be promptly collected on regular basis and disposed appropriately without damaging the environment as per the prescribed methods under section 6.2 (III) of the guidelines ........ Not provided II. Dust from Feed Mills
1. Dust collector system should be installed to control emissions from mixing and grinding section of the feed mill ........ Not provided iii. Management of solid wastes (Solid Wastes contains Manure/litter, Poultry Farm Debris and Dead Birds)
1. No excreta was scratched at least once in two days as needed for mixing of litter and to keep bedding material (rice husk, saw dust, wood shavings etc.) dry in case of deep litter houses the waste material.
2. No manure was protected from runoff water and covers it to avoid dust and odours in storage pits. The dry manure dump not covered with permanent roof or with plastic / similar material to prevent air emissions and the precipitation falling on it.
O. A. No. 431/2021 Suresh Kumar & Anr. Vs. State of Haryana -4-
3. Proper facilities (Burial Pit/Composting/Incineration) provided for Collection, storage, transport and disposal of dead birds was not provided
4. No details was provided for domestic hazardous wastes (vaccines, vails, medicines, syringes, etc.) disposed as per provisions of "Solid Waste Management Rules, 2016".
iv.Composting of Manure:
1. No proper mixing facility the waste with a carbon rich material (e.g., paddy straw / husk, wood shavings) provided in the pits.
Carbon to nitrogen ratios of 20-25:1 is usually recommended. Pure manure can also be composted following the procedure and monitoring all parameters. The composting facilities was not designed through expert institutions In the field as per the size of poultry farms.
2. No periodic stirring of compost material done for Its proper mixing.
3. Not maintained moisture levels between 35 to 50%.
4. No temperature monitoring done to determine composting conditions v. Poultry Farm Waste
1. No efforts made in converting the shells to animal feed to supply as a source of calcium, especially for poultry feeds.
2. No un-hatched eggs was disposed of by composting or rendering.
vi.Dead Birds Disposal Burial Method:
1. Not complying the provision for the dead birds arising from day to day farm activity and stored in closed containers \ disposed off scientifically within 24 hours
2. No dead bird burial pit was provided as per norms.
3. The dead bird burial pit was not provided with a vermin/fly proof cover made up of wooden / metal / concrete having a central operable lid of proper size for day to day dropping of carcasses.
4. The distance between any two burial pits was not provided less than 1 m.
vii. Composting
1. The composting facility was not located within 300 m from the nearest dwelling and 100 m from any well or water course.
2. The capacity of the composting facility was not sufficient to handle the average mortalities on the farm
3. The roof of the composting facility was not permanent with concrete bottom. The composting facility shall be secured with link mesh all around raised to a height of 1.5 m above the ground level to avoid the predation by straw dogs etc. which was not found at site.
4. A proper mixture of smaller and larger particle sizes to obtain an optimum air exchange within the mixture and build-up of temperature was not found.
O. A. No. 431/2021 Suresh Kumar & Anr. Vs. State of Haryana -5-
5. Moisture content of the composting pile was not approximately 60%. More than this may result in odour problems and less than this will reduce the efficiency of the composting process.
6. No facility provided for carbon and nitrogen are vital nutrients for the growth and reproduction of bacteria and fungi. The carbon-to- nitrogen ratio shall be In the range of 20:1 and 25:1 for proper composting. This is obtained by carefully balancing the dead bird and carbon sources.
7. No facility was provided for the optimum temperature for composting is 54 to 66degree Celsius which pasteurizes the compost. If temperature falls below 49 degree Celsius after a week or so, the material should be moved to the secondary stage unit. To facilitate the easy transfer of the first stage material to the secondary stage, the proper designing of the primary stage (first stage) facility is desirable as illustrated in figure 5.5. Failure to do so will result into poor compost. The temperature in the secondary stage unit will begin to raise as beneficial bacterial activity begins and will peak in 5 to 10 days which was not done by the Poultry Farm.
viii. Siting Criteria
1. Not meeting the siting criteria I.e. 10-15 m from rural roads/internal roads/village pagdandis
2. The existing poultry sheds are not meeting the distance i.e. 10 m from farm boundary and shed to shed distance for proper cross ventilation and odour dispersion.
Copy of CPCB guidelines is attached herewith as Annexure- R-3. Inspection report dated 13.04.2022 is attached as Annexure- R-4.
Show cause notice was issued to the Poultry Farm under section 5 of Environment Protection Act, 1986 vide no. HSPCB/2022/207 dated 18.04.2022 for the violation observed by the joint committee during the inspection on 13.04.2022. Copy of show cause notice is attached as Annexure- R-5. The Poultry Farm submitted reply to the said show cause notice on 04,05.2022. Copy of reply of unit Is attached as Annexure- R-6. Therefore, the Poultry Farm was Inspected again by the same joint committee on 01.08.2022 to check the compliance made by the unit but still following deficiencies found exists at site:
1.The unit Is not handling and disposing their manure as per norms Le6.2(iii) Excreta was not scratched at least once in two days as needed for mixing of litter and to keep bedding material (rice husk, saw dust, wood shavings etc.) dry in case of deep litter houses the waste material. This waste was not utilized for composting after completion of the cycle.
2. The unit is not composting their manure as per norms
i) No activity for Proper mixing the waste with a carbon rich material (e.g., paddy straw / husk, wood shavings) in the pits is being carried out by unit as Carbon to nitrogen ratios of 20-25:1 is usually recommended. Pure manure was not composted following the O. A. No. 431/2021 Suresh Kumar & Anr. Vs. State of Haryana -6- procedure and monitoring all parameters. No composting facilities provided as per design by expert institutions in the field as per the size of poultry farms
ii). No Periodic stirring of compost material was being done for its proper mixing
iii). No Moisture levels maintained between 35 to 50% in manure,
iv). No Temperature monitoring done to determine composting conditions.
3. The unit has not provide the composting facility as per norms
i). No composting facility located within 300 m from the nearest dwelling and 100 m from any well or water course.
ii). Number of composting facility of capacity sufficient provided to handle the average mortalities on the farm not provided.
iii). The unit has not provided the permanent roof of the composting facility with concrete bottom. The composting facility is not secured with link mesh all around raised to a height of 1.5 m above the ground level to avoid the predation by straw dogs etc.
iv). No facility provided for proper mixture of smaller and larger particle sizes to obtain an optimum air exchange within the mixture and build-up of temperature.
v). Moisture content for the composting pile approximately 60% was not maintained. More than this may result in odour problems and less than this will reduce the efficiency of the composting process.
vi). The carbon-to-nitrogen ratio was not maintained in the range of 20:1 and 25:1 for proper composting as Carbon and nitrogen are vital nutrients for the growth and reproduction of bacteria and fungi. This is obtained by carefully balancing the dead bird and carbon sources.
vii ). Not maintaining the optimum temperature for composting is 54 to 66 degree Celsius which pasteurizes the compost. If temperature falls below 49 degree Celsius after a week or so, the material should be moved to the secondary stage unit. To facilitate the easy transfer of the first stage material to the secondary stage, the proper designing of the primary stage (first stage) facility Is desirable as Illustrated In figure 5.5. Failure to do so will result into poor compost. The temperature In the secondary stage unit will begin to raise as beneficial bacterial activity begins and will peak in 5 to 10 days.
3. The unit is not meeting the siting criteria as per norms ( I.) Not sited at 500 m from residential zone In order to avoid nuisance caused due to odour & flies.
ii). Not sited at 10-15 m from rural roads/Internal roads/village pagdand is Copy of re-Inspection done by the joint committee on 01.08.2022 to verify the compliance made by the Poultry Farm Is attached as Annexure-R-7.
C. Detail of action taken against the Poultry Farm for non compliance of Environmental Guidelines O. A. No. 431/2021 Suresh Kumar & Anr. Vs. State of Haryana -7- As the said Poultry Farm was still not found complying on 01.08.2022 with the Environmental Guidelines for poultry farms issued by CPCB therefore case was sent to Head Office, Haryana State Pollution Control Board, Panchkula by Regional office, Kaithal vide letter no. HSPCB/KAI/2022/1964 dated 03.08.2022 for issuance of Closure direction under section 5 of EP Act, 1986 against the said Poultry Farm. The case was further sent to Environment Department, Govt. of Haryana by Head Office vide letter no. HSPCB-030001/286/2022- planning cell dated 02.09.2022 for Issuance of closure order under section 5 of EP Act, 1986. The closure direction under section 5 of EP, Act, 1981 was issued by Environment Department against the said Poultry Farm namely M/s Sehwag Research & Breeding Farm at village Manoharpur, Jind vide no. 16/23/2019-3Env. Dated 12.09.2022. As per the said order the poultry form has been directed to regulate the activity of poultry farm operated by M/s M/s Sehwag Research & Breeding Farm and to stop the farming activity and exhaust all the birds within 60 days by way of sale, transfer or any other means from the date of cisoure direction issued to the poultry farm. The order has been delivered to Sh. Rajinder Singh unit representative present during the time of visit on 15.09.2022 for necessary compliance. Copy of closure order is attached as Annexure R-8 and Copy of compliance of closure order Is attached as AnnexureR-9."
4. In view of the above, we consider it appropriate to have response of the Project Proponent-M/s Sehawag Research & Breeding Farm at village Manoharpur, Barsana Road, Jind. Notice be issued to the Project Proponent- M/s Sehawag Research & Breeding Farm at village Manoharpur, Barsana Road, Jind, along-with copies of the application and report of the Joint Committee requiring the same to file response/reply to the averments made in the application and observations made in the report of the Joint Committee within two months at [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF..
5. Notice be served on the Project Proponent-M/s Sehawag Research & Breeding Farm at village Manoharpur, Barsana Road, Jind through District Magistrate, Jind and for this purpose notice issued to M/s Sehawag Research & Breeding Farm at village Manoharpur, Barsana Road, Jind be O. A. No. 431/2021 Suresh Kumar & Anr. Vs. State of Haryana -8- sent to the District Magistrate, Jind by E-mail for getting service of the same effected on the same and sending his report in this regard.
6. List for further consideration on 16.12.2022.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM September 16, 2022 AG