National Green Tribunal
Stolen Heaven Resorts Pvt. Ltd vs Central Pollution Control Board on 24 March, 2023
Item No. 7 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
(By Video Conferencing)
Original Application No. 56/2022 (WZ)
Stolen Heaven Resorts Pvt. Ltd
.....Applicant
Versus
CPCB & Ors.
....Respondent(s)
Date of hearing: 24.03.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Applicant : Ms. Supriya Dangare along-with Ms. Swayamprabha,
Advocates
Respondent(s) : Mr. Raghvendra Kulkarni h/f Mr. Rahul Garg, Advocate for
R-1/CPCB
Ms. Manasi Joshi, Advocate for R-2/MPCB
Ms. Sama Gandhi, Advocate for R-4/PP
ORDER
1. This application has been moved with the prayer that a Joint Committee may be constituted comprising CPCB, MPCB and Animal Husbandry Department and be directed to submit a report with respect to compliance of Environmental Guidelines for Poultry Farms, issued by CPCB dated January 2022; further it is prayed that the sheds which do not have Consent to Establish and/or Consent to Operate may be directed to be closed; and the Respondent No. 4/Venky's India Ltd. Karla VH Group/Project Proponent be directed to pay Environmental Compensation for the environmental nuisance caused by it.
2. In brief the facts of this case are that the Applicant is a Company registered under the Companies Act 1956, involved in the business of Page 1 of 24 hospitality, situated at Gat No. 48, Village Karla, Taluka Maval, Lonavala, Pune- 410 401 and lets out its property for various functions such as Marriage, Social Gatherings and Vacation Homes. The Respondent No. 4/PP is involved in the business of Poultry Farming including breading, hatching, egg production etc., on the land adjacent to the land at Gat No. 39(Part), 45, at Village Karla, Taluka Maval, Lonavala, Pune-410 401. The Poultry Farm is situated at a distance of 50 mtrs. from the residential area of Village Karla. The Respondent No. 4/Project Proponent has not complied with the guidelines issued by the Respondent No. 1/CPCB in January, 2022, pursuant to the order dated 10.12.2021 in Original Application No. 320/2021 (Gauri Maulekhi vs. Union of India & Ors.), which is resulting in environmental nuisance. The Applicant has to face nuisance of flies and bad odor to such an extent that the guests, who are visiting the Resort of the Applicant, are complaining about the same and the same has caused huge business loss to the Applicant.
3. Further, the Applicant had engaged expert agency Rentokil PCI Pest Control Pvt. Ltd., which visited the site on 11.04.2022 and observed that there was a Compost Pit tank at the farm of Respondent No. 4 around which there were Adult Flesh flies; 3 nos. of openings at Compost pits were also found. The said agency also inspected one of the sheds at the farm of Respondent No. 4 and found that lots of house flies were there. Due to nuisance of the flies and mosquitoes, it had become difficult for the people to live around that area, hence the above prayers have been made.
4. This matter was initially heard on 05.07.2022 and notices were directed to be issued to the Respondents.
Page 2 of 245. As per the service affidavit dated 30.07.2022, the service of notice was found sufficient on all the Respondents.
6. By our initial order, we had directed the MPCB to visit the site and submit a factual report as to whether any violations of the guidelines were there, pursuant to which an inspection report dated 01.08.2022 was submitted giving following observations, which is quoted here-in below for the sake of convenience:-
"II) Compliance of Environmental Guidelines for Poultry Farm-
1) Gaseous emission and Feed mill dust-
1.1 Minimization of odour/gaseous pollution- For minimization of gaseous emission of NH3 and H2S proper ventilation system has been provided. Litter/droppings is being not stored on site. In case of Broiler operation, the excreta left over the on land within shed is kept dry spreading of rice husk and carrying racking (mixing)operation on daily basis. The droppings/excreta is being transported and lifted by the manure user on completion of poultry cycle. The Broiler cycle is completed within 40 to 45 days. In case of Layer farms, the left-over excreta/droppings below the cage is being kept as it is till the batch end & after competition of batch the excreta/droppings are lifted by contractor. The Layer batch is completed in 14-15 months.
Carcasses/dead birds are being regularly buried in the concrete burial pit having depth of 5 feet (2 feet below GL and 3 feet above GL) with two openings to drop dead birds and same was kept closed.
The abnormal / objectionable smell was not noticed during visit within poultry premises.
1.2 Dust form Feed Mill:-
PP is not having Feed Mill at site & ready poultry feed is being received at site.
III) Solid Waste Management-
A) Manure Handling and disposal:-
Litter/Dropping/Manure is being not stored.
Proper ventilation is being maintained for free flow of air, dissipate heat & prevent gases generation within poultry premise.
Page 3 of 24 In case of Broiler operation excreta is being kept dried by mixing of rice husk & carrying racking operation with special tools (mixing of rice husk & excreta).
In case of Layer Farms, the left-over excreta/droppings below the cage is being kept as it is till the batch end & after competition of batch the excreta/droppings are lifted by contractor as a manure.
The Litter/waste from Broiler Farm is being used as a composting as well as manure in agricultural feed by third party. The Litter Waste from Layer Farm is being used as manure by third party.
Vaccination/ medication is done through drinking water. B) Hatchery waste:-
No Hatchery activity is carried out.
2.3 Dead Birds disposal:-
The dead birds are disposed through deep burial pit with anaerobic method having two openings with lids. Lime powder and Sodium Hypochlorite is also used in a burial pit. Burial pit is with concrete cover with two openings for day to day dropping of carcasses.
IV) Waste Water Management:-
Poultry cleaning activity is carried out after completion of batch and same is used for gardening in the premises.
V) Other issues:-
Control Flies PP is spraying cleaner solution (insecticide) in the poultry during development of birds.
The Speedy powder is spread outside the shed and adjacent to feed to prevent flies.
Actara spray is being spread on the Droppings of Layer Farm on 15 days interval. Also after completion of batch Actara spray is spread into the shed for fly and Rodents control.
During visit no objectionable fly nuisance was noticed. Antibiotic growth promoter is not used in this poultry feed or the farm.
Suggestions:-
As there is objection from the nearby M/s Stolen Heaven Resorts Pvt Ltd regarding fly nuisance, you are directed to attain the same on priority and spray of insecticides and fly arrest chemical shall be increase to minimize the nuisance. The separate register shall be maintained for the same. Report the compliance on monthly basis. The layer farming shed shall be shifted from entry point to backside of plot and away from the complainant. The shed near the lndrayani river shall not be in operation in future/closed down.
Page 4 of 24
You shall obtain consent from Board immediately."
7. From the side of Respondent No. 4/Project Proponent, a reply affidavit dated 26.08.2022 has been filed, where-in it is submitted that the guidelines for poultry farms were developed in the year 2015, which were made applicable to poultry farms handling above 1,00,000 birds. As per CPCB guidelines, the Poultry, Hatchery and Piggery activities were categorized into green category.
8. We find that no guidelines of the year 2015, alleged to have been issued by the CPCB, has been annexed by the learned Counsel for the Answering Respondent.
9. Further, it is mentioned in the said affidavit that in Original Application No. 681/2017, the NGT vide order dated 16.09.2020 directed the CPCB to revisit the guidelines and pass an appropriate orders for enforcement of consent mechanism under the Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974 and Environment (Protection) Act, 1986. It was further directed that consent mechanism be made enforceable from 01.01.2021 for all poultry farms having capacity of more than 5000 birds. It was further directed that this enforcement of consent mechanism should be the same, as was previously made applicable by the CPCB in the year 2015 for poultry farms having capacity of more than 1,00,000 birds. Thereafter, the NGT in O.A. No. 320/2021 (Gauri Maulekhi Vs. Union of India & Ors.), vide order dated 10.12.2021 directed that all poultry farms having capacity of more than 5000 birds be also governed by the above guidelines of 2015 latest from 01.01.2023. Pursuant to the order of NGT dated 16.09.2020, revised environmental guidelines for poultry farms were issued in January 2022, where-by poultry farms handing above 5000 birds at Page 5 of 24 single location, would have to obtain Consent to Establish (CTE) and Consent to Operate (CTO) under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 from the State Pollution Control Committee w.e.f. 01.01.2023. The poultry farms are categorized under green category and the validity period of such a consent was mentioned to be 15 years.
10. Further it is mentioned in the said affidavit that as per the environmental guidelines issued for poultry farms by CPCB in the year 2021, it is stated that: (i) the environmental nuisance arising from poultry farms is due to generation of NH3 and H2S gases causing odour, dust from feed mill, storage and management of Solid Waste (manure, dead birds and hatchery waste), which also cause odour and water from cleaning operations; (ii) breeding of flies and rodents; (iii) dust arising from feed mill operations; (iv) generation of Solid Waste arising from poultry droppings, manure, litter, dead birds and hatchery waste; and (v) generation of dead birds.
11. Further it is mentioned that the issue relating to emission of gases is required to be sorted out by maintaining good ventilation and free flow of air. The dust arising from feed mill operations is required to be subjected to dust extraction system. With respect to managing Solid Waste arising from poultry droppings, manure, litter, dead birds and hatchery waste, is required to be addressed by way of maintaining good ventilation. In cage systems, excreta is collected below the bird cages and litter is collected and is kept dried by maintaining good ventilation so as to enable aerobic composting. Manure is required to be removed in 4 to 6 months and sold to the farmers. Once the chicken is sold for meat then the bed comprising rice husk, saw dust, ground nut, hulls, wood shavings and dried leaves are to be removed after completion of every Page 6 of 24 cycle of 40 to 50 days. Every shed is required to be washed and lime is to be applied as disinfectant. In order to meet the issue of dead birds, the guidelines prescribed are that the same be buried at relatively high temperature. The water generated in poultry farms is to be used for drinking purposes of birds, sprinkling during summer and cleaning sheds and equipment between batch replacements. There is no processed water generated from poultry farming. The waste water generated, is collected in holding tanks and utilized for the purposes of gardening in the premises.
12. Further, it is mentioned that consequent to the above guidelines, the Answering Respondent has taken following measures:-
" a) The issue pertaining to emission of NH3 and H2S has been always under control at the farm site by following best litter management practices and by improving and maintaining good ventilation and free flow of air within the poultry sheds.
b) There is no feed mill at the Farm Site hence the question of dust from feed mill does not arise.
c) The solid waste comprising poultry dropping, litter, manure is sold out immediately after sale of flock/birds. Excreta is collected below the bird cages and litter so collected is kept dry by maintaining good ventilation and free air flow so as to enable aerobic composting.
d) Manure is removed from sheds within 40-45 days, after liquidation of every flock and is sold to farmer/third party. After the chicken is sold for meat (broiler), the bed comprising rice husk, and manure is removed after completion of every cycle of 40 to 50 days.
e) Every shed is washed and lime/caustic soda, bleaching powder and chemical disinfectants are used for disinfection of sheds.
f) Dead birds are buried in pits and a layer of soil and salt is added on top at regular intervals for better decomposition of dead birds."
13. As per the revised guidelines, the Answering Respondent is not required to have any compost pit, therefore, it is very strange how the Rentokil has misconceived "dead birds burial pits" as "compost pits".
Rentokil does not have the expertise to report on boiler activity. As per the revised guidelines, all the poultry farms involved in handling more Page 7 of 24 than 25000 birds can apply for procuring CTE and CTO. It is not made clear as to since when the revised guidelines would be effective in respect of poultry farms, having capacity of more than 25,000 birds, whether the same would be applicable w.e.f. 01.01.2023. The Answering Respondent applied for Consent to Establish and Consent to Operate to the MPCB subsequently on 28.07.2022 and thus the Respondent No. 4/Project Proponent has denied all the allegations made by the Applicant in the present application and has stated in their affidavit dated 25.10.2022 that all the necessary steps have already been taken at their end to control the bad odour and problem of flies being suffered by the Applicant.
14. From the side of Respondent No. 1/CPCB, a reply affidavit dated has been filed, where-in it is submitted that the Answering Respondent in compliance with the NGT's Order dated 16.09.2020 in Original Application No. 681/2017 (Gauri Maulekhi Vs. Union of India & Ors.), prepared Environmental Guidelines for Poultry farms and circulated a copy of the same to all the State Pollution Control Boards vide letter dated 17.08.2021. Subsequently, in compliance of the NGT's Order dated 10.12.2021 in the matter of Original Application No. 320/2021 (Gauri Maulekhi Vs. Union of India & Ors.), revised Environmental Guidelines were issued, which are applicable to the poultry farms and were circulated vide letter dated 10.01.2022, to all State Pollution Control Boards for implementation.
15. The guidelines dated 17.08.2021 stipulated that poultry farms handling with above 25,000 birds at single location will have to obtain Consent to Establish and Consent to Operate, while the revised guidelines were circulated on 10.01.2022, stipulated that the poultry farms handling above 5,000 birds at single location shall also obtain CTE Page 8 of 24 and CTO. The revised guidelines dated 10.01.2022 also stipulated provisions about Environmental Guidelines for Poultry Farms w.r.t.
Gaseous emission, solid wastes management, Waste water Management, Control of Flies, Control of Rodents, Siting criteria for new poultry farms set up after issuance of Guidelines and Regulatory/Monitoring Mechanism for the said Farms were also issued. These guidelines are available on CPCB website.
16. In their affidavit dated 01.09.2022 of Respondent No. 1/CPCB at page nos. 186 to 187 of the paper book, it is clarified that Environmental Guidelines for Poultry Farms issued by the CPCB in August, 2021 and January, 2022 are applicable to all poultry farms retrospectively to address the environmental issues. However, para 7.0 of the Guidelines relating to siting criteria shall be applicable prospectively from the date of issuance of the Guidelines.
17. From the side of Respondent No. 2/MPCB, a reply affidavit dated 08.08.2022 has been filed, where-in it is submitted that in pursuance to this Tribunal's order dated 05.07.2022, the Board Officials visited the site on 01.08.2022 and carried out inspection of the site and found following facts:-
"
i). Respondent No.4 -poultry farm is established in 1988 over approximately 74 acres of land.
ii). Respondent No.4-poultry farm is engaged in Poultry Farming activity consists of Broilers (34 sheds) and Layer Farm (04 Sheds) unit operations.
iii). Respondent No.4 has not obtained Consent from the M.P.C. Board for poultry activities.
iv). Poultry farm is having total 38 nos. of sheds having cumulative capacity of 124000 nos. of birds. At present, there are about 70000 nos. of birds in the poultry farm.
v). The poultry farm is located away from -
More than 500 mtrs away from nearest village Karla; 250 mtrs away from nearest highway Page 9 of 24 10 to 20 mtrs away from River Indrayani.
vi) During visit the sheds located near Indrayani river were not found in operation."
18. Pursuant to the above, show cause notice dated 05.08.2022 was also issued to the Respondent No. 4/Project Proponent for violation of Environmental Guidelines. It is very astonishing for us that the MPCB has not given status of the subsequent events as to what happened after issuance of the notice, which is objectionable.
19. Further, it is submitted by the affidavit dated 17.11.2022 that Poultry Farm activity was not included in the Consent Regime earlier. The Central Pollution Control Board had issued directions on 04.07.2012 regarding classification of Industries into Red, Orange & Green Categories. At Sr. No. 68, the Poultry, hatchery and piggery are classified in 'Green' Category. Accordingly, the Answering Respondent vide Circular dated 25.06.2012 had directed all the Regional Officers to make compliance of the CPCB directions dated 04.06.2012. The Answering Respondent had issued a Circular dated 12.07.2022 for provision of penal fees from the occupiers violating combined consent regime prescribed under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974. In view of the compliance of CPCB's Guidelines issued in January, 2022, Respondent No. 4/PP was granted Consent to Establish and Consent to Operate on 17.10.2022, which was valid up to 31.05.2024, with further direction to the Respondent No. 4 to submit bank guarantee of Rs. 2 Lakhs towards compliance of consent conditions and also with the direction that half yearly compliance reports shall be submitted to the Answering Respondent. As per the Circular dated 12.07.2022, the Answering Respondent has imposed penal charges of Rs.1,79,836/- (Rs.
Page 10 of 24One Lakh Seventy-Nine Thousand Eight Hundred Thirty-Six only) for operating Poultry Farm without valid Consent since 25.06.2012 till 10.08.2022, which penalty has been paid by the Project Proponent to the MPCB. At this stage, we enquired from the learned Counsel for the MPCB as to why, the environmental compensation was not calculated for the above period, no satisfactory reply could be given.
20. By our earlier order dated 30.11.2022, the CPCB was directed to ascertain as to whether there was any force in the objections raised by the Applicant against the inspection report dated 01.08.2022 submitted by the MPCB, as the same was being disputed, the CPCB has submitted its compliance verification report at page no. 395 to 405 of the paper book, relevant paragraphs of the same are reproduced here-in below:-
1.0. Background The allegations made by the applicant i.e. M/s Stolen Heaven Resorts Pvt. Ltd., in the Original Application No. 56/2022 (WZ), titled Stolen Heaven Resorts Pvt. Ltd., versus CPCB & Ors. as per the order dated 05/07/2022 are about the hospitality business of the applicant being adversely affected by the activities of Respondent no. 4 i.e. M/S Venkateshwara Hatcheries Pvt. Ltd., (i.e. M/s Venky's India Ltd,) engaged in the business of poultry farming including breading, hatching, egg production, etc. Further, it is alleged that the said poultry farm is not complying with the guidelines issued by the Central Pollution Control Board (CPCB) in January, 2022. The Hon'ble Tribunal directed the respondents (CPCB was one among the respondents) to submit their reply affidavit and also directed Maharashtra Pollution Control Board (MPCB) to visit the premises of the Respondent no. 4 and to submit a factual report as to whether any violation has been made by the Respondent no. 4 w.r.t. the CPCB guidelines.
Thereafter, in compliance to the aforesaid Hon'ble NGT order dated 05/07/2022, CPCB filed its reply affidavit to the Hon'ble NGT. Also, MPCB submitted its factual report to the Hon'ble NGT. Based on the factual report of MPCB submitted in compliance with the aforesaid order dated 05/07/2022, the applicant filed objections to the said MPCB's report to the Hon'ble NGT. Thereafter, Hon'ble NGT passed order vide order dated 30/11/2022 (copy of Hon'ble NGT order, dated 30/11/2022 is given at Annexure-1) and relevant order is reproduced as below:
"6... Under the circumstances, we are of the view that the CPCB would be the best agency to get the objections verified, Page 11 of 24 which have been raised by the learned Counsel for the Applicant, as to whether there is any force in those objections made against the inspection report dated 01.08.2022 submitted by the MPCB. We direct the Respondent No. 1/CPCB to submit a report in the light of the objections raised by the Applicant against the said report within a period of 06(six) weeks.
7. The report in the matter be filed by the CPCB by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF ..."
Vide para 8 of the aforesaid order dated 30/11/2022, the Applicant was also directed to supply the required documents and copy of the application to the CPCB within three days from the date of hearing. Thereafter, CPCB through its empaneled counsel followed-up during December, 2022 and January, 2023 with the applicant's counsel, with a request to provide copy of the raised objections to CPCB for compliance of the said order of the Hon'ble NGT dated 30/11/2022. Accordingly, copy of the objections was received by the CPCB empaneled counsel through the applicant's counsel on 13/01/2023. Subsequently, a team of CPCB officials comprising of Sh. Tapas Ukil, Scientist 'B' and Ms. Sayali Sadawarte, JRF from Regional Directorate-Pune, carried out inspection of M/s Venkateshwara Hatcheries Pvt. Ltd., Gat no. 39,43 and 45, Village- Karla, Tal.- Maval, Dist.-Pune (hereinafter referred as the poultry farm) on 17/01/2023 to verify the objections raised by the applicant against the MPCB's inspection report dated 01/08/2022. Shri Atul Khopade, Farm Manager and Dr. Sanjay Padhye, Broiler Integration Manager, of the poultry farm were present during inspection and provided the visit coordination, information about the poultry farm and associated environmental management system. Based on the information provided and observations made, following point-wise observations & findings are made in the subsequent paragraphs of this report. 2.0 Observations and findings of CPCB based on the applicant's objection filed against the MPCB inspection report dated 01/08/2022 Sr. Objections raised by the Observations & Findings No. Applicant against MPCB inspection report dated 01/08/2022
1. The poultry farm is established As per the information in 1988 and operating provided by the without consent to representative of poultry farm and establish and/ or consent to observed from the MPCB report operate from the Respondent dated 01/08/2022, the poultry No. 2 i.e. MPCB. farm was operational since 1988. It is observed that the poultry farm had applied application for consent to establish & operate to MPCB on 28/07/2022. Subsequently, MPCB granted consent to operate to the poultry farm vide no. GREEN/S.S.I (G33), dated 17/10/2022 and it is valid up to 31/05/2024 . Copy of Page 12 of 24 CTO dated 17/10/2022 is given at Annexure-2.
In compliance to the Hon'ble NGT Order dated 10/12/2021 in the matter of O.A. No. 320/2021 (Gauri Maulekhi Vs. Union of India & Ors.), CPCB has prepared revised environmental guidelines applicable to poultry farms handling birds above 5,000 and the same was circulated vide letter dated 10/01/2022 by CPCB to all SPCBs/PCCs for implementation.
The said revised guidelines, stipulates that poultry farms handling above 5,000 birds at single location should also obtain consent to establish (CTE) and consent to operate (CTO) under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 from the concerned SPCBs/PCCs w.e.f. 01.01.2023.
Hence, it is observed that the poultry farm has applied & obtained CTO from MPCB in line with the revised guidelines issued by CPCB in January, 2022.
2. MPCB has wrongly reported Based on Google earth image, the that the poultry farm is located aerial distance of the poultry farm more than 500 m from the from Village Karla is observed more Village Karla. Also, MPCB has made wrong than 500 m. Section 7 titled "siting observations regarding the criteria" of the CPCB distance of the residential guidelines on "Environmental colony, River and highways guidelines for poultry farms" of from the poultry farm.
January'2022 stipulates about siting criteria for new poultry farms which are setup after the issuance of the aforementioned guideline i.e. after January, 2022. The aforementioned section of the guidelines stipulates that any new poultry farm should preferably be established 500 m from residential zone in order to avoid nuisance cause due to odour & flies.
However, during inspection it was observed that few residential buildings are located sporadically Page 13 of 24 around the North-eastern, Western and Southwestern boundaries of the said poultry farm. Based on the Google earth image, the distance of the nearest shed(s) of the poultry farm varies from about 20 to 130 m (aerial distance) from the nearby residential buildings. Also, the aerial distance of the nearest shed(s) of the poultry farm varies from about 100 to 120 m from boundary of M/s Stolen Heaven Resort Pvt. Ltd. The google earth images showing the poultry farm, Karla village, sporadically spread residential building sand Indrayani River is given at Annexure-3.
The poultry farm has adopted control measures for fly & odor control as given in Sl. No. 4 & 9 of this table.
Based on the Google earth image, the National Highway NH-48 is located at more than 100 m aerial distance from the nearest poultry farm boundary. The CPCB guidelines on "Environmental guidelines for poultry farms" of January'2022 stipulates the distance of 100 m from National Highways, which conforms to the provisions stipulated in the aforesaid CPCB guidelines.
Observations on the location of river is given at S. No. 3 of this table.
3. Many of the farm sheds The inspecting team visited the are located about 10 - 20 m poultry sheds located near from the Indrayai River and the same are within the flood line Indrayani River and observed that (within blue line) of the the same are non-operational. As Indrayani River. Also, poultry informed, the sheds are non-
farmis being operating without consent from various Sate Govt. operational since 2022. Similar agencies, Gram Panchayat and observation with regard to non- disposing water from the operational of poultry sheds are poultry farminto the Indrayani Page 14 of 24 River. reported in MPCB inspection report dated 01/08/2022.
As observed, the southern boundary of the said poultry farm lies adjacent to Indrayani River which is about 20m aerial distance from southern boundary of the poultry farm as the Google Earth image (please refer Picture 4 at Annexure 3). The inspecting team did not observe any waste water disposal drain/ pipeline, meant for disposal of wastewater from the poultry farm into the Indrayani River. As per the CTO dated 17/10/2022 i.e. conditions stipulated under Water (Prevention & Control of Pollution) Act, 1974 for discharge of effluent, generation of trade effluent from the said poultry farm is stipulated nil.
In order to verify location of the sheds of the poultry farm falling within the flood line (blue line) of Indrayani River, CPCB, RD-Pune vide letter File no. CM 13015/36/2022-LAW-RD-PUNE-RD (Pune), dated 16/02/2023 requested the Executive Engineer, Pune Irrigation Division, to verify and confirm whether poultry sheds or any other premises of the aforesaid poultry farm are falling within the blue line of Indrayani River. It was also requested to send the verification along with details to CPCB, RD-
Pune on or before 22/02/2023.
Further, a reminder email communication was also sent to the Executive Engineer, Pune Irrigation Division on 08/03/2023. Copies of aforesaid letter and e-mail communication addressed to the Executive Engineer, Pune Irrigation Division are given at Annexure-4.
Response from the Executive Engineer, Pune Irrigation Division, is Page 15 of 24 awaited.
The inspecting team collected a
copy of NOC dated 26/07/2022
granted by Karla Gram
Panchayat to the poultry farm. The
same is given at Annexure-5.
4. Technical details and Gaseous emissions like
adequacy of instruments
ammonia (NH3) and
/machineries provided for
ventilation & to minimize such Hydrogen Sulphide (H2S)
gaseous emissions (NH3 & are reportedly emanated from
H2S) are not
the excreta/ bird dropping in the
addressed/reported.
poultry farm.
During the inspection it was
observed that the poultry farm has
total 32 no. of active deep litter
sheds and 02 no. of active layer
farm sheds.
1. Active Deep litter sheds
Out of the 32 no. of active deep litter sheds (i.e. for broilers):
(a) 26 no. of sheds were found to be of open entilation type, which are designed for ventilation through opening of side curtains (side-wall curtains). The dimension of the sheds (L x B x H) are approximately 33.5 m x 10 m x 3 m. The inspecting team observed that each of the sheds are separated with open space of at least of about 15 m for cross ventilation and dispersion/ dilution of any built-up gases. The inspecting team did not notice any odour or flies nuisance near the shed area.
Remaining 06 sheds were found to be of exhaust fan ventilation type, wherein ventilation is achieved using exhaust fans. The dimension of the sheds (L x B x H) are approximately 122 m x 10 m x 3 m. Exhaust fans having a capacity Page 16 of 24 of 23,000 cubic ft./min each (i.e. the total ventilation capacity of each shed being 1,38,000 cubic ft./min). In addition to this, cooling pads are provided for transmission of fresh air in the shed. Each of the six sheds are separated with open distance of about 15 m. The team did not notice any odour or flies nuisance near the shed area. A view of the poultry sheds of active deep litter sheds are given at Photographs-1, 2, 3 & 4, Annexure-6.
2. Active layer farm sheds The 02 no. of active layer farm sheds were of open ventilation type (i.e. similar to open ventilation type deep litter shed), which are designed for ventilation through opening of side curtains (side-wall curtains). The dimension of the sheds (L x B x H) are approximately 30 m x 10 m x 8 m.
The inspecting team observed that each of the sheds are separated with open space of at least of about 12 m for cross ventilation and dispersion/ dilution of any built-up gases. The inspecting team did not notice any odour or flies nuisance near the shed. A view of the poultry sheds of active layer farm sheds are given at Photographs-5, 6, 7 & 8, Annexure-6.
The CPCB guidelines on "Environmental guidelines for poultry farms" of January'2022
stipulates that the poultry housing should be ventilated allowing sufficient supply of fresh air to remove humidity, dissipate heat and prevent build-up of gases such as methane, carbon Page 17 of 24 dioxide, ammonia, etc. The same was found to be complied with.
5. No proper records are Bird dropping/litter are generated maintained for handling and from the layer farm shed and the disposal of bird dropping broiler farm sheds.
manure/litter after completion of the poultry cycle. Present mismanagement of bird As observed, in the broiler farm dropping/manure/litter is ultimately resulting in fly sheds, bird dropping/excreta are nuisance. collected in a bed made up of agro residue (rice husk) with periodic racking for mixing of litter. Photographs of the bed material used for litter collection and racking activity are given at Photographs- 1, 9, 10 & 11, Annexure-6.
It was informed that after each cycle i.e. about 40 days, the bird dropping/excreta along the bed material is scraped off and sold as manure. The poultry farm is maintaining records of delivery challans in respect of disposal of poultry manure from broiler farm. The inspecting team collected the delivery challans of the sold manure as evidence for the disposal of the litter/ excreta/manure. The delivery challans of the last 06 months i.e. July, 2022 to January, 2023 are given at Annexure-7.
Whereas, in the layer farm shed the bird dropping /excreta are collected underneath the bird cages, on soil beds.
The bird dropping /manure/litter deposited underneath the layer farm are collected in a similar manner to that of broiler farm and sold after the completion of the layer farm batch cycle. The poultry farm is maintaining proper records of delivery challans in respect of disposal of poultry manure from layer farm. The poultry farm has submitted delivery challans of the sold manure as Page 18 of 24 evidence for the disposal of the litter/ excreta/manure for the period of April, 2022 to May, 2022. Since, layer farm manure/litter collection is being carried out once in 14-15 months, the inspecting team collected the last year's layer farm manure delivery challans. Copies of the same attached as Annexure-8.
The CPCB guidelines on "Environme cycle. With respect to manure collected under cages (i.e. for layer farm shed), the aforesaid guidelines stipulate that the same should be stored for further process and utilized by composting or biogas production for disposal /utilization of manure/litter or employ combination of the methods.
As, observed the poultry farm does not carry out composting, and instead sells off the waste material as manure for further disposal.
Hence, the present management of bird dropping/excreta from layer farm & from broiler farm is not as per the CPCB guidelines on "Environmental guidelines for poultry farms" of January'2022.
The inspecting team did not observe flies or odor nuisance either in the broiler farm shed or around the layer farm shed area.
6. Dead birds/carcasses are The poultry farm has provided 01 buried in the open and no. of burial pit of reported dilapidated burial pit of the dimensions (L x B x H) of 4 m X 3 m farm, causing fly nuisance. No records were verified by MPCB X 2 m which is located near the in respect of disposal of southern boundary of the poultry dead birds/carcasses. farm, and its distance from Indrayani River is about 20-25 meters.
As found during the inspection, the burial pit is made up of concrete material and is covered with concrete slabs with provision of openable lid for day to day dropping of dead birds. No signs of dilapidation were observed in the above-ground Page 19 of 24 pit structure. Dead birds collection and disposal record maintained with the entries of date-wise no. of dead birds disposal along with the type of application of filler materials viz. soil, lime and bleaching powder by the poultry farm. Copy of dead birds collection & disposal record is given at Annexure-9. Photographs no. 12, 13 & 14 as at Annexure-6 are given for reference.
The inspecting team noticed both odour and fly nuisance near the burial pit area.
Section 6.2. (iii) A) of aforesaid CPCB guideline specifies that the minimum depth of the burial pit should be 3 to 4 m whereas the installed burial pit has depth of about 2 m. Therefore, depth of the existing burial pit be increased as applicable and be appropriately operated to control odour & flies nuisance.
Further, the aforesaid CPCB guideline stipulates that the new poultry farms (setup after issuance of guidelines) should preferably be established 100 m from major water courses like rivers, lakes, canals etc. Since, the farmwas established reportedly in 1988, the above stipulates does not applicable in this case.
7. Utilization of poultry shed The inspecting team did not observe cleaning water, for gardening any waste water disposal drain/ purposes, and not maintaining pipeline, meant for disposal of the records thereto wastewater from the poultry farm into the Indrayani River/adjoining areas. As per the CTO dated 17/10/2022 i.e. conditions stipulated under Water (Prevention & Control of Pollution) Act, 1974 for discharge of effluent, generation of trade effluent from the said poultry Page 20 of 24 farm is stipulated nil.
The poultry farm representative
informed that earlier practice of
cleaning with pressurized
water jets has been stopped, and
dry disinfection and cleaning
technique is being
practiced. Wherein, after the
completion of batch cycle, scrapping of the bird droppings /manure/litter is done followed by spraying of formalin solution, lime & bleaching powder.
The veracity of the aforesaid claims of the poultry farm could not be verified by the inspecting team, since during the inspection period, cleaning activities were not in progress.
The CPCB guidelines on "Environmental guidelines for poultry farms" of January'2022, also stipulates that as far as possible efforts shall be made for dry cleaning of the sheds with use of disinfectant so as to avoid use of water. Hence it may be inferred that the poultry farm has stopped the usage of water for cleaning of batches and instead practicing dry cleaning with usage of disinfectant for cleaning activities.
8. Adequate storm water drainage The poultry farm has not provided system is not provided and as storm water drainage system for a result it may possibly collection & management of run-off contribute for contamination of ground & surface water. during rainy season. It is submitted that the activities of the poultry farm were found indoor and are carried out within sheds. Thus the possibility of contamination of surface run-off and subsequent ground water contamination may not occur.
9. Inadequatemeasures are The inspecting team did not notice implemented for control of flies fly or odour nuisance except only andmosquitoes. Also, not near the burial pit area.
maintaining records thereto.
The inspecting team collected the fly Page 21 of 24 spray record so as to verify the usage of insecticides to prevent nuisance of flies. The fly spray records for the broiler sheds and the layer farm sheds are attached as Annexure-10 & Annexure-11 respectively, for kind reference. The poultry farm has a Standards operating procedure (SOP) for Pest, wild birds/ stray animal control in place and copy of the same is given at Annexure-12.
As observed, for controlling the flies and odour in the layer farm area, where the droppings/ excreta are collected underneath the layer bird housing platform, spraying with soil, bleaching powder, lime and nutric spray was carried out (Photograph no. 8 & 9 given at Annexure-6). The poultry farm has set schedule of larvicide and insecticide rotation (i.e. for spraying on the manure/ droppings/ Excreta below the layer farm shed) so as to offset the resistance against any particular larvicide/insecticide (the Layer farm shed protocol for control of flies is attached as Annexure-13). The periphery of the dropping/excreta collection area is covered with wire mesh fencing to prevent rodent & other animal intrusion.
It was further observed that the poultry farm has a defined Standards operating procedure (SOP) for Biosecurity, with
procedures for achieving different levels of biosecurity through -
implementation of bio-securing areas with no unauthorized entry, footbath, prompt dead birds disposal, administration of
vaccines, litter management, all-in all-out system of rearing etc. A copy of the said Biosecurity Programme SOP is attached as Annexure-14.
"Page 22 of 24
21. Above report submitted by the CPCB shows that the objections, which were raised by the Applicant, have been taken care of as per the fact finding report submitted in adjacent column by the CPCB.
22. Therefore, looking to the fact that the Applicant also does not have any grievance left and we too find that most of compliances, which were required to be done, appear to have already been done, except that we find that the MPCB has held the Project Proponent/Respondent No. 4 to be in violation for not obtaining Consent to Establish and Consent to Operate between the period from 25.06.2012 to 10.08.2022, for which penalty has been imposed to the tune of Rs.1,79,836/- (Rs. One Lakh Seventy-Nine Thousand Eight Hundred Thirty-Six only), but no satisfactory answer has been given by the MPCB with respect to the fact as to why the environmental compensation for this period has not been calculated and realized from the Project Proponent? Therefore, we direct the MPCB to decide as to whether any damage to environment happened on account of the activities of the Project Proponent during this period and quantify the same after giving opportunity of hearing to the Respondent No. 4 within a period one month and realize the same within next 15 days and put up compliance report to the Registry of this Tribunal within a week thereafter.
23. We also find that despite having mentioned in para 4 of the affidavit of Respondent No. 2/MPCB dated 08.08.2022 about show cause notice issued to the Respondent No. 4, nothing has been stated as to what happened thereafter in regard to that notice. Therefore, we direct that the said notice be taken to its logical end and about this fact also, the mention be made in the report to be submitted to the Registry of this Tribunal.
Page 23 of 2424. Accordingly, we dispose of this application.
25. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM March 24, 2023 Original Application No. 56/2022 (WZ) P.Kr Page 24 of 24