National Green Tribunal
Vana Charitable Trust Mangaluru vs State Of Karnataka on 5 August, 2025
Item No.3:-
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Tuesday, the 05th day of August, 2025.
[Through Physical Hearing (Hybrid Option)]
Original Application No.191 of 2023 (SZ)
IN THE MATTER OF
VANA CHARITABLE TRUST, MANGALURU
Through Secretary
Mr. Jeeth Millan Roche,
Having its Registered Office at G3,
Casa Grande Mall,
Sturrock Road, Falnir,
Mangaluru - 575 002.
...Applicant(s)
Versus
1) THE STATE OF KARNATAKA
Represented by its Chief Secretary,
Room No. 320, 3rd Floor,
Vidhanasoudha, Bangalore - 01.
2) THE DEPUTY COMMISSIONER
Dakshina Kannada District,
VR6P+83V, Bunder, Mangaluru,
Karnataka - 575 001.
3) CENTRAL POLLUTION CONTROL BOARD
Through Member Secretary
Parivesh Bhawan,
East Arjun Nagar,
Delhi - 110 032.
4) MEMBER SECRETARY
Karnataka State Pollution Control Board,
Parisara Bhavana,
#49, Church Street,
Bangalore - 560 001.
5) THE ENVIRONMENTAL OFFICER
Regional Office,
Karnataka State Pollution Control Board,
Parisara Bhavana, Plot No. 10-B,
Baikampady Industrial Area,
Mangaluru - 575 011.
6) ASSISTANT DIRECTOR
Animal Husbandry &
Veterinary Service Department
Jail Road, Kodialbail,
Dakshina Kannada,
Mangaluru - 575 003.
Page 1 of 9
7) PAIS COLD STORAGE
Proprietor - Mr. Victor Jerald Pais
Daya Sagar, Padmanoor House,
Kinnigolli Post, Mangalore - 574 150.
...Respondent(s)
For Applicant (s): M/s. Gaurav Kumar Bansal,
Ashwin Joyston Kutinha & Nandita Dhar.
For Respondent(s): Mr. Rajat Jonathan Shaw represented
Mr. Darpan K.M. for R1, R2 & R6.
Mrs. N. Nathami for R3.
Mr. A. Mahesh Chowdhary for R4 & R5.
Judgment Reserved on: 22nd July, 2025.
CORAM:
HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGEMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. The Applicant, Vana Charitable Trust, Mangaluru--a registered public charitable trust under the Indian Trusts Act and actively involved in environmental conservation and protection-- has filed the present Original Application seeking protection and safeguarding of the health of school-going children at Little Flowers School, who are allegedly exposed to environmental and health risks arising from the unlawful operation of a piggery farm (M/s. Pais Cold Storage) by Respondent No.7.
2. Earlier, a representation dated 26.10.2023 was made to the Deputy Commissioner, Dakshina Kannada District, Mangaluru, highlighting the unauthorized operation of Respondent No.7. Based on the concerns raised, the Aikala Grama Panchayat, vide its letter dated 29.11.2022, directed the piggery farm to take immediate steps to scientifically dispose of pig and wet waste. The Karnataka State Pollution Control Board (KSPCB) has inspected the unit and found that (i) the piggery farm was operating without requisite permissions on agricultural Page 2 of 9 land belonging to Mr. Isaac Lobo; (ii) No permission was obtained from the Panchayat; (iii) Food waste was being stored in open ground holes, contributing to foul odour; and (iv) Polluted water was being collected in open tanks and discharged into compost pits, causing environmental nuisance. The Aikala Grama Panchayat has also issued a notice dated 03.10.2023 directing the closure of the piggery unit for the violations.
3. The applicant has further alleged that despite these official communications, Respondent No.7 has continued to operate the piggery unit in flagrant violation of applicable environmental laws and norms, causing continued and irreversible environmental harm. The applicant also produced photographic evidence of environmental pollution due to the dumping of food waste, unhygienic farm conditions, and blood- stained flooring, despite the absence of slaughtering permissions.
4. The Applicant association, along with concerned residents, has submitted multiple representations to the concerned authorities, particularly Respondents No.4 and 5, raising grievances regarding the illegal operation of Respondent No.7. However, the inaction and inadequate response from the authorities have constrained the Applicant to approach this Tribunal, seeking directions to stop the illegal operation of the piggery farm by Respondent No.7, impose environmental compensation and exemplary costs under the Polluter Pays Principle, and initiate restoration of the affected area.
5. Upon notice, the official respondents have entered appearance and filed their respective pleadings. However, despite service of notice, Respondent No.7 never chose to appear before this Tribunal to contest the case.
6. The Deputy Commissioner, Dakshina Kannada District (Respondent No.2) has filed a report dated 09.10.2024, stating that a joint inspection committee was constituted comprising the (i) Assistant Commissioner, Mangalore Sub- Division; (ii) Environmental Officer, KSPCB; (iii) Assistant Director, Animal Husbandry and Veterinary Services Department;
Page 3 of 9(iv) Tahsildar, Mulki Taluk; and (v) Executive Officer, Mulki Taluk Panchayat. The said Committee conducted a spot inspection on 26.02.2024, and the following observations were recorded:
• The land in question, bearing Sy. No. 161/1A2 and measuring 7.08 acres in Elinje Village, Mulki Taluk, is owned by Mr. Isac Canute Lobo.
• Out of the said extent, 0.50 acre was leased to Mr. Victor Jerald Pais for a period of five years to operate a piggery farm.
• While the farm was established, it was found to be poorly maintained, resulting in foul odour in the vicinity and health concerns among local residents.
• The lessee had not obtained any No Objection Certificate (NOC) or permission from the local authorities.
7. The report further states that the lessee, Mr. Victor Jerald Pais, had filed a civil suit (OS No. 188/2022) before the Civil Judge and JMFC, Moodabidri, and obtained a temporary injunction vide order dated 16.12.2022. However, the application seeking continuance of the temporary injunction was rejected by order dated 01.09.2023. Subsequently, the matter was settled between the parties and the suit was disposed of vide a compromise order dated 09.12.2023. The compromise deed stipulated that Mr. Victor Jerald Pais would vacate and hand over possession of the leased land to Mr. Isac Canute Lobo on or before 31.03.2024. One of the terms of the compromise was that the lessee would maintain the premises in a clean and hygienic condition without causing nuisance to the public. This condition was violated by Mr. Victor Jerald Pais. The lessee (Respondent No. 7) failed to maintain sanitary conditions at the farm, causing issues such as foul smell and respiratory discomfort among the local population. The farm thus became a source of public nuisance.
8. In the report, it is further stated that in the interest of public health and environmental protection, the Chief Executive Officer, Dakshina Kannada Zilla Panchayat, Mangaluru, was directed to take immediate action against the piggery. Pursuant to this, the Panchayat Development Officer conducted a site inspection on 04.04.2024 and confirmed that, in accordance with the Civil Court's order in OS No. 188/2022, the pigs had been removed and the structure used for pig-rearing was cleared by Respondent No.7.
Page 4 of 99. Respondent No.3, the Central Pollution Control Board (CPCB), has filed its reply-affidavit dated 31.01.2024, stating that as per the modified directions issued by the CPCB dated 07.03.2016 under Section 18(1)(b) of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, all State Pollution Control Boards (SPCBs) and Pollution Control Committees (PCCs) are mandated to classify piggeries under the 'Green' category. Accordingly, such units are required to obtain Consent to Establish (CTE) and Consent to Operate (CTO) under the aforementioned Acts from the respective SPCB or PCC, and any operation without such consent is considered unauthorised. It is further stated in the reply-affidavit that the CPCB does not have the mandate to issue CTE or CTO under the Water and Air Acts; the authority to do so vests solely with the respective SPCBs/PCCs.
10. Respondents No.4 and 5, namely the Karnataka State Pollution Control Board (KSPCB), filed their statement of objections dated 21.02.2024, contending that the allegation regarding the Board's failure in discharging its regulatory functions is unfounded in view of the clarifications and directions issued by the CPCB. Further, the CPCB, vide its clarification dated 19.07.2017, has classified the industrial sector "Poultry, Hatchery and Piggery" (up to 1 lakh birds) under the 'Green' category. The key clarifications therein include:
i. Poultry farms with less than 1 lakh birds are exempt from obtaining Consent to Operate, as per CPCB guidelines dated 20.10.2015.
ii. Only units with 1 lakh or more birds at a single location are required to obtain Consent to Operate under the Water Act, 1974.
iii. Environmental management practices such as
odour control, solid waste management,
wastewater discharge, and housekeeping are to be followed by all poultry farms, regardless of size.Page 5 of 9
11. Further, the CPCB issued Environmental Guidelines for Poultry Farms in August 2021, in compliance with the order passed by this Tribunal in O.A. No.681 of 2017, directing the enforcement of consent mechanisms for poultry farms with more than 5,000 birds. Respondent No.7 is operating a piggery unit with approximately 100-120 pigs and no slaughtering activity is being conducted. Therefore, the said unit falls outside the regulatory purview of the State Pollution Control Board, and no NOC is required or can be issued by the Board under the prevailing CPCB guidelines. Accordingly, they prayed for the dismissal of the present Original Application insofar as it is directed against the State Pollution Control Board, asserting that it is not maintainable and lacks jurisdictional foundation.
12. In compliance with the order dated 23.01.2025, the CPCB (Respondent No.3) has filed its report dated 16.02.2025, stating that the CPCB has recently revised the classification methodology and published the "Report on Classification of Sectors into Red, Orange, Green, White, and Blue Categories - A Tool for Progressive Environmental Management". Pursuant to this, CPCB issued revised directions dated 12.02.2025 under Section 18(1)(b) of the Water and Air Acts, directing all SPCBs/PCCs to adopt and implement the updated classification. Under the said classification as well, Piggery units remain under the Green Category. These units are required to obtain prior CTE and CTO from the concerned SPCB/PCC and must operate strictly in compliance with the conditions prescribed therein.
13. In order to address environmental concerns related to piggery operations, CPCB has initiated the formulation of Environmental Guidelines for Piggery Units. In this regard, all SPCBs/PCCs have been requested to submit an inventory of piggery units operating within their jurisdiction and the conditions currently prescribed in the CTE/CTO for such units. It is further stated in the report that, based on the data received, CPCB proposes to conduct in-depth studies to frame appropriate environmental guidelines to effectively regulate pollution from piggery activities.
Page 6 of 914. We have considered the pleadings; reports filed by the respondents and also heard the submissions made by the learned counsel appearing for the parties.
15. The applicant's primary contention is that the piggery was being operated without obtaining the requisite consents under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. The waste management practices were unhygienic, with food remnants and pig waste being openly dumped, resulting in foul odour and associated health hazards. Despite multiple representations and closure directions issued by the Panchayat and the KSPCB, the same were blatantly disregarded. Furthermore, no steps were taken to initiate prosecution or levy environmental compensation against the operator.
16. The report of the Deputy Commissioner speaks about the joint inspection done by the Committee, which confirmed that the piggery unit was functioning without permissions and was poorly maintained, leading to public nuisance. The piggery unit was on 0.5 Acre of leased land and operated without any Gram Panchayat clearance or CTE/CTO from the SPCB. Though a civil suit had granted temporary protection to the lessee, the same ended in a compromise requiring him to vacate the land by 31.03.2024. The Panchayat confirmed, through inspection dated 04.04.2024, that the piggery unit had been shut down and pigs removed from the premises.
17. Further, from the reports of the CPCB and KSPCB, it is confirmed that "piggery" units fall under the 'Green' Category and are therefore required to obtain CTE and CTO. The CPCB clarified through guidelines dated 07.03.2016 and 12.02.2025 that piggery units, irrespective of scale, must comply with environmental conditions under applicable laws. The KSPCB also states that Respondent No.7 had not obtained any such consents. However, they claimed the small scale of the operation (about 100-120 pigs, no slaughtering) placed it outside the scope of certain regulatory thresholds--an interpretation not fully consistent with CPCB's own classification system.
Page 7 of 918. Upon perusal of the pleadings and submissions, it is conclusively established that the piggery farm operated without requisite CTE/CTO under the Water and Air Acts, thus violating statutory mandates. The operation also lacked permission from the Gram Panchayat, and the mode of waste disposal contributed to environmental degradation and health concerns, particularly affecting school children. The Deputy Commissioner's inspection corroborates these allegations and confirms the existence of foul odour and unsanitary conditions. Though the operation has since ceased, the illegal operation continued for a substantial period despite multiple notices and complaints. Moreover, the Karnataka SPCB's passive interpretation of CPCB guidelines is found to be misconceived. The CPCB's classification as Green Category mandates CTE and CTO regardless of the unit's scale, unless explicitly exempted.
19. It is not out of place to mention that the CPCB has requested all SPCBs and PCCs to furnish an inventory of piggery units operating within their respective jurisdictions, along with the conditions stipulated in the CTE and CTO for such units. It is noted that, based on the data collected, the CPCB intends to undertake detailed studies to formulate comprehensive environmental guidelines for the effective regulation of pollution arising from piggery activities. In this context, the Tribunal is of the view that the CPCB ought to expedite the process and finalize the said guidelines at the earliest.
20. In the instant case, though the piggery farm is no longer in operation, the illegalities committed warrant environmental compensation and preventive action to avoid recurrence.
21. In view of the foregoing, the following directions are issued:
I. Respondent No.7 (M/s. Pais Cold Storage) is directed not to recommence any such activity without obtaining due consents under the Water and Air Acts and necessary approvals from local authorities.Page 8 of 9
II. The Karnataka State Pollution Control Board is directed to assess and impose Environmental Compensation on Respondent No.7 for the period during which the unit operated without authorization, after providing an opportunity of hearing and adhering to the due process of law.
III. The local authorities and the Karnataka SPCB are directed to ensure that no future piggery operations are allowed in violation of environmental norms and CPCB guidelines.
22. With the above directions, the Original Application [O.A. No.191 of 2023 (SZ)] is disposed of.
Sd/-
Smt. Justice Pushpa Sathyanarayana, JM Sd/-
Dr. Satyagopal Korlapati, EM Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.191/2023 (SZ) 05th August, 2025. Mn.
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