National Green Tribunal
Smt. R. Prabha vs Tamil Nadu Pollution Control Board on 22 March, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.14:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 147 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF
Smt. R. Prabha
...Applicant(s)
Versus
The Tamil Nadu Pollution Control Board and others.
...Respondent(s)
Date of hearing: 22.03.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Ms. Nivedita S. Menon for Mr. Yaogeshwaran.A
For Respondent(s):. Sri. C. Kasirajan through Ms. Ashwini for R1
Sri. Dr. V. R. Thirunarayanan for R2, R3 & R5.
M/s Sarvabhauman Associates through Sri. Krishna
Prasad for R4
Ms. P. Jayalakshmi for CPCB
ORDER
1. As per order dated 13.08.2020, this Tribunal had after admitting the matter 1 appointed a joint Committee consisting of 1) the District Collector, Namakkal District, or a Senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector, 2) a Senior Officer from Central Pollution Control Board, Regional Office, Chennai and 3) a Senior Officer from the Tamil Nadu State Pollution Control Board deputed by the Chairman to inspect the area in question and submit a report. The Committee was also directed to ascertain the status of the water scarcity in that area and whether necessary permissions were obtained from the authorities for drawing ground water by poultry farms and if any violation found, assess the environmental compensation against them. Central Pollution Control Board has been designated as the nodal agency for providing necessary logistic and for coordination. The matter has been posed to 20.10.2020 for appearance of parties, consideration of report and completion of pleadings. Thereafter matter has been adjourned from time to time. On 05.1.2021 the matter has been taken up and directed the Pollution Control Board to file the compliance report regarding the directions issued by the Principal Bench in O.A. NO. 681 of 2017 in the absence of any further direction issued by the Central Pollution Control Board in this regard. The Joint Committee has filed report dated 17.11.2020 which was received on 06.01.2021 seeking time for e-filing the same which reads as follows:
Joint Committee report in compliance with the Order dated 13.08.2020 of Hon'ble National Green Tribunal (Southern Zone), Chennai in the matter of O.A. No.147 of 2020 2
1. Background:
Smt.R. Prabha has filed an original application No. 147 of 2020 (SZ) before the Hon‟ble National Green Tribunal (Southern Zone), Chennai (NGT) against the poultry farm namely M/s. RVS Poultry Farm located at S.F.No 106/1 & 108/2B in Village Ariyagoundampatty, Rasipuram Taluk, Namakkal District, Tamilnadu alleging that • The poultry farm did not confirm to any of the guidelines provided by the Central Pollution Control Board (CPCB) • Not provided any „green belt‟ as required • Not provided any mechanism for disposal of waste generated which ultimately causes pollution in that area.
• Over exploitation of water from a place which is a critically exploited area • Not obtained the permission from the Authorities for drawing ground water and seeking the following reliefs:
a) Direct the 4th respondent to shift the poultry at Vellappan Poultry Farm, Nanjappan Thottam, Ariya Goundampatty, Rasiuram Taluk, Namakkal District - 637 406 to a site conferring to the law and the guidelines dated 20.10.2015.
b) Direct the 4th respondent to obtain consent under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
c) Direct the payment of compensation for environmental harm and pollution caused by the 4th respondent and suffered by the applicant.
d) Issue such other orders as it deems fit in the interest of the case and render justice.
After going through the application, NGT satisfied that there arises a substantial question of environment which required the interference of this tribunal for resolving the same and passed an Order (A1) appointing a joint committee comprising of • The District Collector, Namakkal District, or a senior Officer not below the rank of Assistant Collector or Sub Divisional Magistrate deputed by the District Collector • A senior officer from Central Pollution Control Board, Regional Office, Chennai • A senior officer from Tamil Nadu Pollution Control Board (TNPCB) deputed by the Chairman to • Inspect the area in question • Ascertain the present status of the functioning of the poultry farm • Ascertain as to how many such units are functioning in Namakkal district • Whether all those units are functioning in conformity with the guidelines provided by the CPCB • Whether necessary precautions for disposal of waste generated is being followed by them • Submit a status as well as action taken report if there is any violation found • Ascertain the status of the water scarcity in that area • Whether necessary permissions have been obtained from the authorities for 3 drawing ground water by poultry farms • If there is any violation found, assess the environmental compensation against them.
• The Committee shall submit a report to Hon‟ble NGT, Southern Zone, Chennai on or before 20.10.2020 by e-filing. • CPCB, Regional Office, Chennai will be the nodal agency for co-ordination and for providing all necessary logistics for this purpose. Constitution of Joint Committee In compliance with the Order dated 13.08.2020 of Hon‟ble National Green Tribunal (Southern Zone), Chennai in the matter of O.A. No.147 of 2020 and based on the nomination received from the respective department, a joint committee was constituted by CPCB, Regional Directorate (RD), Chennai with thefollowing members (A2) • Dr. V.P. Ponnuvel, Regional Joint Director, Animal Husbandry, Namakkal (RJD) • Shri. M. KottaiKumar, Revenue Divisional Officer, Namakkal (RDO) • Shri. R. Ravikumar, District Environmental Engineer, TNPCB, Namakkal • Shri. S. Karthikeyan, Scientist-C, CPCB, RD, Chennai Terms of References of the Committee:
• Inspect the area in question • Ascertain the present status of the functioning of the poultry farm • Ascertain as to how many such units are functioning in Namakkal district • Whether all those units are functioning in conformity with the guidelines provided by the CPCB • Whether necessary precautions for disposal of waste generated is being followed by them • Submit a status as well as action taken report if there is any violation found • Ascertain the status of the water scarcity in that area • Whether necessary permissions have been obtained from the authorities for drawing ground water by poultry farms • If there is any violation found, assess the environmental compensation against them.
• The Committee shall submit a report to Hon‟ble NGT, Southern Zone, Chennai on or before 20.10.2020 by e-filing.
Meeting of the Joint Committee;
An introductory meeting of the joint committee was held on 06-10-2020 at hours through video conference on account of national lock down due to the ongoing pandemic situation. The agenda of the first meeting is placed at (A3).The meeting was attended by the following members • Dr. V.P. Ponnuvel, Regional Joint Director, Animal Husbandry, Namakkal • Shri. M. KottaiKumar, Revenue Divisional Officer, Namakkal • Shri. R. Ravikumar, District Environmental Engineer, TNPCB, Namakkal • Shri. S. Karthikeyan, Scientist-C, CPCB, RD, Chennai The nodal officer appraised the case, procedures to be followed and stressed the significance of time line. The committee members deliberated the terms of references of joint committee made by Hon‟ble NGT and the issues involved therein. The minutes of the first meeting is placed at (A4). The Gist 4 of the meeting are:
• Finalized the date for the site visit for the assessment of the functioning of poultry farms in Namakkal district • Decided to collect the information related to the case • Decided to prepare a questionnaire for the assessment of poultry farm (A5) • Discussed the methodology to be adopted for the execution of the work • Discussed the time line proposed and finalized the same for the progress of the report preparation.
• Decided to pray NGT for two months time considering the Nationwide lock down due to COVID-19, restriction on movement due to local level containment zone declared by local administration and as it is a exhaustive work Based on the prayer to Hon‟ble NGT for two months time, the case is adjournedto 19th November, 2020.
Statutory requirement for poultry farms:
As per the Environmental Guidelines for poultry farms issued by CPCB, the poultry farms which are handling one lac or more birds at a given time in single location, need to approach State Pollution Control Board to obtain necessary Consent under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. The Poultry and Hatchery sector is classified under Green Category of industries and less polluting industries.
Based on CPCB guidelines, TNPCB too classified poultry farms as Green Category of industries.
As per Reserve Bank of India‟s Master circular related to Lending to priority sector, development of the poultry farm in all aspects including erection of poultry houses is placed under Agricultural allied activities. It is reported that the poultry farm is considered as an agricultural allied activity in Namakkal district and exempted from getting any approval/NOC from government departments.
Under provision (1.0) of Notification no.: S.O.3289(E) dt.: 24th September, 2020 by Central Ground Water Authority, Department of Water Resources, River Development and Ganga Rejuvenation, Under Ministry of Jal Shakti, New Delhi for the purposes of regulation and control of Ground Water management and development gives exemption from seeking No Objection Certificate in case of Agriculture activities consumers for ground water extraction.
Under provision of Regulations for Management of Ground Water and issue of No Objection Certificate / Licence for extraction of Ground Water in Tamil Nadu State issued vide GO (Ms) No.: 142 dt.:23rd July, 2014;
The Regulation (I) (C) says "Drawal and transportation of ground water for agricultural and horticultural purposes in the state of Tamil Nadu are exempted from applying for No Objection Certificate. Site visit of the Joint Committee:
As decided in the introductory meeting, meeting of the committee was held at the office of District Environmental Engineer, TNPCB, Namakkal on 19th October, 2020 at 10 AM and all the members attended the meeting along with the following officials:
• Dr. K. Sivaprakasam, Assistant Director, Poultry Diseases & Diagnostics 5 Laboratory, Namakkal • Dr. P. Periyasamy, Veterinary Assistant Surgeon, Animal Husbandry, Namakkal • Shri. N. Gunasekaran, AE, TNPCB, Namakkal District Environmental Engineer, TNPCB, Namakkal has made elaborate arrangements for the meeting and facilitated. After a briefing, deliberated the general scenario of poultry farm functioning, their statutory requirement, methodology to be adopted and planned the site visit. During the deliberation the Bio-security procedures to be followed as recommended by world organization for animal health (OIE) Terrestrial Animal Health Code dt.28th June, 2019 discussed. As per OIE guidelines inspecting person can visit only one poultry farm in 24 hours interval.
In view of above, it is decided to visit the M/s. RVS poultry Farm in question first on the same day followed by the meeting, by the committee to assess the functioning of the poultry farm and to hear the version of the complainant. Further it is decided to carry out the visit of other poultry farms for assessment by roping in other officials of TNPCB and Department of Animal Husbandry due to the limitation prescribed in OIE Terrestrial Animal Health Code, considering time constraints and in order to cover more farms so that a conclusion can be drawn about the functioning of poultry farms in Namakkal district. Accordingly twelve poultry farms were selected based on their number of birds handling and were visited by the team individually. The list of poultry farms visited and the respective inspecting official is placed at A25.
As decided, the committee visited M/s. RVS poultry Farm, the farm in question first on 19th October, 2020 followed by the meeting. During the visit, an opportunity was given to the industry to present their views on the complaint. On behalf of M/s. RVS poultry Farm, Shri. R. Vellappan responded the committee, showed the entire facilities of the poultry farm, and produced the requisite documents and records to the committee. No residential zone was observed within 500 m from the poultry farm. The functioning of M/s. RVS poultry Farm in a questionnaire form is placed at A7.
In order to give an opportunity to the Complainant to hear her nature of complaint, problems being faced and grievances to the committee, the Committee visited the Complainant‟s house. The complainant house was constructed in the year 2016 which is after the establishment of the poultry farm. The complaint house was constructed within the farm land of the complainant and found that both the Complainant and her husband Shri. G. Ramesh were not available to offer their version. Only the lease holder of the land Shri. Natarajan was present at the time of visit of the joint committee and his version was heard by the committee. The observations of the committee are placed below The Committee deliberated the matter during the visit of the committee covering all aspects of the functioning of poultry farm in Namakkal district. The information presented in the report is based on perusal of various documents and records, inspection of site & and the statement given by the officials, farm representatives and the office bearers of the poultry farm association. The following materials are referred.6
• "Environmental Guidelines for Poultry Farm" issued by CPCB (A19) • Poultry Farm Manual (A21) • Biosecurity procedures in poultry production issued by World Organization for Animal Health (OIE) - Terrestrial Animal Health Code dt.28th June, 2019 (A20).
• GoT Notification on categorization of Firkas as Over exploited, Critical, Semi Critical, Safe and saline / poor quality for ground water development vide Order GO no.: Ms no.:257, Public Works (21), 1st October, 2018 (A22). • GoT Notification on "Effective management of Ground Water, Regulations for management of Ground Water and issue of NOC / Licence for extraction of Ground Water in Tamil Nadu State vide GO Ms No.:142, dt.: 23rd July, 2014 (A23).
• Journal "Environmental Impacts of Poultry Production" published by Poultry, Fisheries and Wildlife Sciences.
• Reserve Bank of India‟s (RBI) Master circular related to Lending to priority sector. (Development of the poultry farm in all aspects including erection of poultry houses is placed under Agricultural allied activities) (A24). Findings of the Committee;
Namakkal district profile;
Namakkal district is an administrative district in the state of Tamil Nadu. The district has two revenue divisions, Namakkal and Tiruchengode and has eight taluks namely Namakkal, Tiruchengode, Kumarapalayam, Rasipuram, Paramathi Velur, Kolli Hills, Sendamangalam and Mohanur. The district comes under the North Western Agro Climatic zone of Tamil Nadu. It is situated in the dividing portion of two watersheds between Cauvery and the Vellar system.
Kolli and a few isolated hills and ridges are scattered over Namakkal, Sendamangalam, Rasipuram and Tiruchengode are along with the valleys and rolling hills, make up the characteristics topography of the district. The geographical area of the district is 3363.35 Sq. km. which lies between and 11.360 North Latitude and 77.280 and 78.300 East Longitude. As per census 2011, Namakkal had a population of 17,26,601. Climate; The climate of the district is hot and dry during summer i.e., from March to May and in Winter it is very cold and misty i.e., from November to February. The average rainfall of the district is 716.540 mm.
The National Highways (NH7) connecting Kanniayakumari to Kashmir, passes through the district. State highways too running through the district.
Facts related to Poultry farm;
After examine the data, and interaction with the officials of Animal Husbandry & Poultry Diseases & Diagnostics Laboratory, Namakkal and office bearers of Poultry Farm Owners Association, the findings of the joint committeeare In Namakkal district, around 1175 poultry farms are functioning based on the "All-in All-out" single age group principle in each shed in a farm. Out of which the handling capacity of 1028 poultry farms is less than one lac birds. Most of the poultry farms are run by the farmers. They have established their poultry farm in their own ancestor property of agriculture 7 fields. The poultry farm is carried out as an agriculture allied activity. The poultry farms are the back bone of the rural economy in the Namakkal District and also provides employment in the rural area. Due to climatic advantages, presence of Namakkal Veterinary College and Research Institute (Under Tamilnadu Veterinary and Animal Sciences University, Chennai) and Poultry Diseases & Diagnostics Laboratory and their good support, poultry farms are more in this district compare to any other districts in Tamilnadu. As per Reserve Bank of India‟s Master circular related to Lending to priority sector, development of the poultry farm in all aspects including erection of poultry houses is placed under Agricultural allied activities. It is reported that the poultry farm is considered as an agricultural allied activity in Namakkal district and exempted from getting any approval/NOC from government departments. In these region, Bank loan too available for establishment poultry farm in simple steps. Poultry farms are often being instructed by TNPCB to follow the CPCB guidelines. Since most of the poultry farms are handling less than one lakh birds, they have not applied and obtained Consent from TNPCB as per CPCB guidelines. None of the farm obtained NOC/ licence from the State Ground and Surface Water Resources Data Centre, Chennai, claiming that it is an agriculture activity and is exempted from obtaining from NOC. Mostly, the poultry farms are functioning in line with • Bio-Security procedures in poultry production issued by World Organization for Animal Health (OIE) - Terrestrial Animal Health Code dt.28th June, 2019 (A20).
• Poultry Farm Manual issued by Department of Animal Husbandry, Dairying & Fisheries, Ministry of Agriculture and Farmers Welfare, Government of India, New Delhi (A21).
• Advice given by Poultry Diseases & Diagnostics Laboratory, Namakkal in vaccine administration matter Advice given by Namakkal Veterinary College and Research Institute, (Under Tamil Nadu Veterinary and Animal Sciences University, Chennai) in feed and water management Out of 1175 farms, only three poultry farms are carrying out Hatchery operation. Remaining poultry farms are carrying out the egg production by rearing day old Chicks to Growers and to layers in batches. The rearing cost will be around Rs.750/- per bird including shed construction. The duration of one batch varies from seventy two weeks to seventy five weeks. Egg production normally starts from 18 to 20 weeks and goes up to seventy-two weeks. Once the egg production reduces to less than 70%, the batch will be sold for meat.
It is reported that most of the poultry farms are fenced either with barbed wire or chain linked mesh of 5 feet height all around the farm. Shed; As per the Bio security procedures, a space of 0.75 Square feet is required for a bird. The bird reared in a shed of breath varying from 30 feet to not more than 50 feet. The breath of the shed is recommended. Whereas there is no restriction on length of the shed. The length will vary depends on the land availability. Normally the shed will be in rectangular shape and maximum of 20000 to 50000 birds will be accommodated in one shed. The shed will be oriented in East - West direction. The distance between the 8 sheds shall be not less than 50 feet. The cage area of the shed will be covered by bird mesh all around. The cost of shed per bird works out to be Rs.250/- excluding land cost.
The floor beneath the shed is of hardened earthen floor and the inspection platform is RCC. Most of the roof is be AC sheet or Zinc Sheet or Colour Sheet. The roof is normally extended up to 2m wide from the exterior of cage to prevent the rain water from getting into manure floor. In case of new ones, the roof of the shed are extended up to 2.5m to prevent the entry of rain water into the shed. Once water enters the manure floor, it will lead to septic condition and foul odour nuisances, Flies/mosquitos production and maintenance problem starts. It is reported that extreme care is being taken by the farmers to prevent the water contamination with manure. Because the manure has good demand and price. In Namakkal district, so many agents are there to purchase the manure and sell to the farmers. In case, any accidental water spillage happens, the same will be managed by covering the area with lime power.
Feeds; It is reported that less farm owners stopped using animal protein, bone meal, fish meal, dry fish etc. for preparing feed for the last six years. (From 2014 onwards) because of its odour nuisances and infections. At present they are using grain based feeds only in order to avoid odour nuisances. The feed composition is placed at A6. The feeds are transported through Bulk Bunker Container. The same is loaded to the silo through closed conduit with chute. From Silo, it is transferred to auto feeder through closed pipe line. Filling of feed tray is carried out twice in a day through Auto feeder. Feeds are refilled in the feed tray through an auto feeder twice in a day. Consumption of feed per bird is around 105 to 120 grams. The feeding rate normally varies in between 105 to 115 grams per bird per day. The feed cost works out to be around Rs.1400/- to 1500/- per bird per batch. Main source of water is open well. Water is treated with 10% Hydrogen Peroxide solution mostly as per the advice of Veterinary doctors from Namakkal Veterinary College and Research Institute, (Under Tamilnadu Veterinary and Animal Sciences University, Chennai) A bird consumes water from 200 to 220 ml per day.
Water is supplied to the birds through a pipe line through nipple with single or double lock system. The water supply is controlled by a water level regulator, bulb type. In order to collect the water spillages, a half cut pipe is placed below the line to channel the water and collected. It is reported that it will prevent the falling to manure bed. Since it is a meagre quantity, gets dried out.
Vaccination: As per the advice given by chick suppliers the schedule of vaccination followed by the farmers. (A26) Litter; The floor of the cage is mesh type, the litter is dropped to the floor, where manure is collected and kept dry by maintaining good ventilation and free air flow. Once in four to six months, the manure will be sold at the rate of Rs.700 to 1200 per ton. The top layer will fetch a good price; whereas the lower one will be sold at lesser price depends on the demand. The top layer is used as manure for Rubber plantations. Bottom one is used for Coconut trees and paddy fields.
Egg yield: It is reported that a bird starts laying egg from eighteen weeks to 9 seventy two/seventy five weeks. The layers will lay the egg from 9 AM to 12 noon. The floor of the cage is given a gradient in such way that the egg rolls down to the egg tray. From egg tray, egg is being collected either manually or through conveyor system. The shelf life of egg is 20 to 25 days. Normally the egg is sold within three days maximum. It is reported that if the egg is washed with water, then the egg starts degrading and will be rotten in ten days. Therefore no farmer will carry out the water washing of eggs. Eggs without shell, broken one which are unable to handle and Defective eggs will fall down and is managed along with manure. Defective eggs @1% like weak shell, little cracked, strained etc will be consumed and sold off locally. Chicks; Day one chick are purchased from Hatchery and reared. Day one to eight weeks old birds are called chicks. The chicks reared in chick shed. Growers; Eight weeks old to sixteen weeks birds are called Growers. The growers reared in growers shed. On sixteenth weeks feather dropping takes place. It happens one time per batch.
Layers; From sixteen weeks old to seventy two - seventy five weeks old birds are called layers. The layers are reared in layer shed. From eighteenth weeks onwards the layers will start laying the egg and laying process continues till seventy-two to seventy five weeks. Once the egg production reduces to less than 70%, the batch will be sold for meat through agents. Cleaning protocol: Normally it takes two months time in between two batches. The step by step procedure of cleaning the shed • Manure will be sold through agent in two batches namely upper one and lower one. Sweeping the floor.
• Cleaning of web dust • Maintenance works will be carried out • Removal of bird nest • Cleaning of cages using flame gun • Fumigation of shed using 10% Formalin Solution. • White wash • Remaining period, the shed is kept free for quarantine purpose. Normally water wash is not carried out during the batch changes. Whenever there is an outbreak of any diseases, then only the cages will be washed with water. Waste water will be treated along with the manure bed in six week time.
Manure; The litter is be dropped on the elevated earthen floor below the rearing shed. Good ventilation and free air flow will be maintained to keep the manure in dry condition. Population of beetles will develop and eats the egg of flies, mosquitoes, thus control the nuisances and ammonia emission and enable the composting process. Since the manure has good demand and price, extreme care shall be taken by the farmer to keep it dry. Dead Birds; The dead birds are removed immediately and kept isolated in a thermocol box/closed plastic container and disposed off in the disposal pit in the evening. The floor of the pit will be concrete with masonry walls, air sealed and vent pipe of ten feet will be provided. Normally, the mortality rate is 15 birds per day per lac of birds.
Chlorinedioxide and Chlorinated Hydrocarbon Compounds (0.5 to 1 %) used as disinfectant for livestock housing, surfaces, equipment, vehicle, foot dip, water delivery system and aerial disinfection 10 Observations of the committee with respect to the Complaint S.No. Nature of Complaint Observations of the committee • Illegal Operation of The farm is handling forty thousand birds at any Poultry Farm given time in a single location in two sheds. Since it is handling less than 1 lac birds it has not applied and obtained consent of TNPCB.
Water consumption is estimated around 9 KLD.
The unit has not obtained NOC for Ground water withdrawal Since Poultry Farm comes under Agriculture activity and exempted from obtaining NOC for withdrawal of ground water.
• Non Compliance of *Point wise compliance status is submitted at the end of table CPCB‟s guidelines • Over exploitation of At present, the farm is handling forty thousand ground water in a birds at a given time in a single location, thus critically exploited consuming water, 9000 litres per day (9 KLD) area through a conduit system with single lock nipple .
The unit is located in the foot hills of Kolli Hills and no scarcity of water was reported.
• Not obtained the The farm does not hold the NOC for drawal of permission from the ground water on account of following reason. authorities for drawing ground The Poultry Farm comes under Agriculture activity water and exempted from obtaining the Ground water NOC vide GO (Ms) No.: 142 dt.:23rd July, 2014 issued by Government of Tamil Nadu. .
• Not provided green The farm has not provided green belt and it was belt reported by the animal husbandry department that the if the trees are grown in the farms there is chances of foreign birds with infection may rest on these trees which will act as the agency for the transmission of diseases to the poultry birds.
• No mechanism for The litter is collected on hardened elevated earthen disposal of waste floor below the shed and maintained in dry condition by maintaining free air flow and avoiding wet spots/patches. The manure is sold once in three to six months depends on the price and quantity. Failed to construct the base with stone slabs, concrete or impervious compacted clay.11
• Waste generated Denied. The committee is satisfied causes pollution in with the management of waste that area generated from the functioning of the poultry farm and did not notice any mosquitoes/flies and odour nuisances.
• Payment of The committee is satisfied with the management of the poultry farm functioning. Therefore, the compensation for question of Environmental harm and pollution environmental harm caused and payment of compensation does not and pollution caused arise.
• Payment of The committee visited the complainant‟s house and did not notice any mosquitoes/flies and odour compensation for the nuisances in his house and fields. The lease holder complainant‟s suffer was carrying out the agricultural activities.
Vegetation in his field was in healthy condition. Therefore, the question of paying compensation does not arise.
Compliance status of CPCB's guidelines;Siting criteria Siting criteria Compliance status This Siting criteria is applicable to new ones only. This is an existing poultry farm any how the compliance with respect to new siting criteria also examined The poultry farm should not be located within 500 m from The unit is established 500 m away from the residential zone. No residentialzone residential zone are noticed within 500m from the unit. The complaint house is being constructed within the complainant‟s farm land in the year 2016 which is after the establishment of the poultry farm 200 m from major water Complied with course like river, lake and canals 500 m from any majordrinking Complied waterreservoir with on catchment side 100m from Complied with any drinking water source 12 like wells, summer storage tanks, other tanks 500 m from nearby poultry, dairy or Complied with another livestock enterprises or industry 150-200m from National Highway (NH) Complied with 100m from Complied with State Highway 10-15 m from rural roads/internal Complied with roads / village pagdandis Poultry shed Not complied with. On E direction.: 5 feet On W direction.: 10 should not be feet located within10m On N direction.: 5 feet On S direction.: 50 feet from farm boundary Poultry shed should be positioned on Complied with East to West direction Poultry shed should be positioned at Complied with least 2 m above the water table Poultry shed should be positioned at Complied with least 0.5 m above ground level 13 Fencing Not complied with Green belt development Not complied with Minimization of air emission and Odour Complied with nuisances Feed Mills Feed mill is under construction stage Feed Feed is received in a bin through a Bulk Feed tanker. From bin it management is transferred to auto feeder through a conduit system. The auto practices feeder has ten delivery lines. Through delivery lines, feed will be fed in the feed tray. The feed tray is a half cut 6 inches pipe and kept along the cages and outside of the cages to keep the waste to a bare minimum. The committee is satisfied with the feed management practices.
Water The main source of water is own open well situated in premises. management The water is pumped to the over head tank (OHT). From OHT, practices water is supplied to the birds through a single lock nipple and water level regulators. Each cage will have two nipples. The committee is satisfied with the water supply arrangements.
Control of On i fifteen days, t 0.5% Glutaraldehyde Microbial ce n 0. o 1 load Compounds ( Khorshalin TH ) solution is used for Control of Microbial load as per the advice of Poultry Disease Diagnostics Laboratory, Namakkal Waste Water No waste water generation management Management of Solid wastes;
Feed waste By adopting automated feeding system, the feed waste generation is kept bare minimum. Any spillage is there, it will fall to the manure floor. It will be composed along with the manure.
Litter The litter will fall to the manure floor. It will be composed along with the manure.
Feathers Feather dropping takes at eighth and sixteenth week naturally. The feathers will be burnt using a flame gun.
14Damaged It is reported that damaged eggs fit for handling will be consumed eggs by farm owner‟s family and labours and sold off locally.
Damaged eggs unfit for handling will be allowed to fall on the manure floor and processed along with other solid wastes.
Dead birds Dead birds will be removed from the cage immediately, isolated in a closed plastic container and disposed off in the disposal pit in the evening. The disposal pit is of dimension 22‟x 14‟x 16‟with two compartments. The floor of the pit is concrete with masonry walls, air sealed and two number of vent pipe of ten feet has been provided. The mortality rate is 25 to 30 birds per week.
Composting Onsite composting is being carried out at the bottom of the poultry shed itself. Adequate care was taken to keep the manure in dry condition by maintaining free air flow. The manure will be sold quarterly. In one quarter, the generation of manure will be around 30 to 40 T. Top layer is sold from Rs.1500 to 2000, where the bottom layer is sold at the rate ranging from Rs.300 to 500/-. Day one chick to seventy two to seventy five weeks old chicken are Chiken reared in this farm for egg production. Once egg production reduced to less than 70% ie., 15000 eggs per day per 20000 birds, then the chicken will be sold off.
Incinerator No incinerator is installed.
Manure There was no manure storage facility separately. It is reported
storage and that the manure is sold from the shed itself to the
management purchaser directly on as and where it is basis.
storage
Hatchery Hatchery operation is not carried out in this farm. Day one chick
waste is purchased from the hatcheries and reared to layers
management for egg production only.
House The committee is satisfied with the
keeping Environment
management, house keeping and general hygiene in the poultry farm.
Conclusion as per Scope of Work:
• Inspect the area in question In accordance with the Hon‟ble NGT Order, the committee visited the poultry farm in question, M/s. RVS Poultry farm is located at Survey No.:
106/1 & 108/2B, Village Ariyagoundampatty, Namagiripettai Firkas, Rasipuram Taluk, Namakkal district - 637 406 on 19th October, 2020. Also carried out the assessment of functioning of poultry farms in Namakkal district on 19th and 20th October, 2020. The findings and observations of the committee are summarized in the report • Ascertain the present status of the functioning of the poultry farm 15 The poultry farm in question, M/s. RVS Poultry farm is located at Survey No.: 106/1 & 108/2B, Village Ariyagoundampatty, Namagiripettai Firkas, Rasipuram Taluk, Namakkal district - 637 406. The present status of the poultry is summarized in this report.
During the inspection, the committee found that the Farm has been established in an agricultural land of 6 acres for egg production (Layers). It was observed that two sheds have been established and forty thousand birds are reared in total at present .Three more sheds have been constructed and ready for operation. One more shed is under construction. The unit authorities reported that the total number of birds after expansion will be 80,000 birds only. Apart from poultry farm, feed mill is under construction stage up to plinth level. Water requirement is met out through open well owned by the farm.
It is reported that other than egg production, no other operation is carried out. As per advice of the officials of Poultry Diseases & Diagnostics Laboratory, Namakkal, Vaccination is being done. Feed and water supply is being done as per the advice of the Veterinary doctors from Veterinary College and Research Institute Namakkal. In general they are following Bio- Security procedures in poultry production issued by World Organization for Animal Health (OIE) - Terrestrial Animal Health Code dt.28th June, 2019. Statutory status: The farm has not applied and obtained consent of the TNPCB since it is exempted from the getting consent of the TNPCB (as per CPCB Guildelines the farms having less than 1 lac birds are exempted from obtaining consent of SPCB). The unit has not obtained NOC for ground water withdrawal since the unit is agriculture allied activity and exempted from obtaining the Ground water NOC vide GO (Ms) No.: 142 dt.:23rd July, 2014 issued by Government of Tamil Nadu. .
The Committee is satisfied with the functioning of poultry farm, its house keeping, general hygiene and Environment management.
• Ascertain as to how many such units are functioning in Namakkal district As per the records of the department of animal husbandry, 1175 poultry farms are functioning in Namakkal district. Out of 1175 poultry farms, 1028 poultry farms are handling less than one lac birds. • Whether all those units are functioning in conformity with the guidelinesprovided by the CPCB It is reported by the farm owners that they are following the Bio- Security procedures in poultry production issued by World Organization for Animal Health (OIE) - Terrestrial Animal Health Code dt.28th June, 2019.
Generally the functioning of the poultry farms are functioning in conformity with the guidelines provided by the CPCB with respect to the pollution control measures and devices except the raising of green belt, set backs in some of the cases and in obtaining licence procedures. None of the farm is in possession of consent and NOC renewal to draw ground water stating that it comes under Agriculture activity. Out of 1175 poultry farms, 1028 poultry farms are handling less than one lac birds. These 1028 farms need not take Consent from TNPCB as per CPCB guidelines. Remaining 147 poultry farms need to take Consent from TNPCB in which 6 farms have 16 applied for the consent of the TNPCB.
As per World Organization for Animal Health (OIE) - Terrestrial Animal Health Code dt.28th June, 2019, in order to prevent entry of wild birds inside the farm, trees, vegetation, fruit bearing trees and plantation inside the farms is not advisable, since the wild birds may carry virus and bacteria that may infect the birds in the poultry farm. In order to prevent Avian Influenza infection the wild birds should not be allowed in the premises of poultry farms.
Whether necessary precautions for disposal of waste generated is being followed by them Manure; The litter is dropped to the elevated floor below the shed. Good ventilation and free air flow is maintained to keep the manure in dry condition. Population of beetles will develop and eats the egg of flies, mosquitoes, thus control the nuisances and ammonia emission and enable the composting process.
The floor of the shed will be hardened earthen floor. The roof is of AC sheet or Zinc Sheet or Colour Sheet. The roof is normally extended up to 2m wide from the exterior of cage to prevent the rain water from getting into manure floor. In case of new ones, the roof of the shed will be extended up to 2.5m. Once water enters the manure floor, it will lead to septic condition and foul odour nuisances, Flies/mosquitoes production and maintenance problem starts. It is reported that extreme care will be taken by the poultry farmers to prevent the water contamination with manure. Since the manure has good demand and price. In Namakkal district, so many agents are there to purchase the manure and sell to the farmers. In case, any accidental water spillage happens, the same will be managed by covering the area with lime power. On the other hand, if good hygiene is not maintained, chances of infection is more and the poultry farm has to incur heavy loss.
Spillage of Feeds; The Committee satisfied with the management of Feeds. The spillage of feeds in meagre quantity is collected on the manure bed and sold as manure.
Spillage of water; The Committee satisfied with the management of water supply system. The spillage of water in meagre quantity is collected on the manure bed and sold as manure.
Damaged egg unfit to handle; The damaged egg which is unfit to handle will fall on the manure bed. The same will be covered by littering, processed along with themanure naturally and sold as manure. The Dead Birds are removed immediately and kept isolated in a thermocol box/closed plastic container and disposed off in the disposal pit in the evening. The floor of the pit will be concrete with masonry walls, air sealed and vent pipe of ten feet will be provided. Normally, the mortality rate is 15 birds per day per lac of birds.
• Submit a status as well as action taken report if there is any violation found Poultry farms are often being instructed by TNPCB to follow the CPCB guidelines. Since most of the poultry farms are handling less than one lac birds, they have not applied and obtained Consent from TNPCB as per CPCB guidelines. None of the farm obtained NOC/ licence from the State Ground and Surface Water Resources Data Centre, Chennai, claiming that it is an agriculture activity and is exempted from obtaining from NOC. During the site visit for assessment, the committee found that M/s. RVS Poultry farm is 17 handling 40,000 birds at a given time in a single location and instruction has been issued by TNPCB to the farm to follow the CPCB guide lines strictly. Since most of the poultry farm owners are farmers It was informed by TNPCB that meeting was conducted with the Poutry Association to instruct members who are having more than 1 lac birds to apply and obtain consent of the Board • Ascertain the status of the water scarcity in that area As per Annexure - I to Government of Tamil Nadu Notification on Categorization of Firkas as Over exploited, Critical, Semi Critical, Safe and saline / poor quality for ground water development as on March, 2013 vide Order GO no.: Ms no.:257, Public Works (21), 1st October, 2018 the committee found that there are 30 Firkas in Namakkal district and is categorized as detailed in the table placed below, which gives the scenario of water scarcity in Namakkal area Over exploited Critical Semi Critical 70 Safe Saline / >100% 90 to 100% to 90% < 70% poor quality Namakkal Taluk Alanganatham Erumaipatti Kalappanaikan Patti Mohanur Nallipalayam Namakkal Puduchatram Sellappampatti Senthamangalam Valaiyapatti Kollimalai Taluk Thirupuli Nadu Valavanthi Nadu Paramathi Velur Taluk Pallapatti Jedarpalayam Nallur Paramathi Pandamangalam 18 Rasipuram Taluk Mangalapuram Mullukurichi Namagiripettai Rasipuram Vennandur Tiruchengode Elachipala Kumarapalay Pallipalayam Taluk yam am Mallasamudram Vaiyappamalai Manickam Palayam Molasi Tiruchengode The Namakkal District is situated in the dividing portion of two watersheds between Cauvery and the Vellar system. It is found that water is available at a depth of 50‟ to 100‟ with water column varying from 20‟ to 40‟ in the open wells located within or adjacent to the poultry farms in the Namakkal District Whether necessary permissions have been obtained from the authorities for drawing ground water by poultry farms None of the poultry farm has obtained the NOC to draw ground water from open well or borewell from the Chief Engineer, State Ground and Surface Water Resources Data Centre, Chennai for extraction of ground water stating that the Poultry Farm comes under Agriculture activity and exempted from obtaining the NOC to extract Ground water vide GO (Ms) No.: 142 dt.:23rd July, 2014 issued by Government of Tamil Nadu. • If there is any violation found, assess the environmental compensation against them.
During the site visit for assessment, the committee observed the following:
• Regarding M/s. RVS Poultry Farm in question the committee is satisfied with the management of the poultry farm functioning. The poultry farm has complied with the CPCB guidelines except fencing, Green belt development and providing offset to poultry sheds from the Poultry Farm boundary. Also it is exempted from obtaining consent from TNPCB as per CPCB Guidelines and exempted from obtaining NOC from Ground water department vide. GO (Ms) No.: 142 dt.:23rd July, 2014. Therefore, the question of Environmental harm and pollution caused and payment of compensation does not arise.
Summary of the report:
M/s. RVS Poultry Farm in question;. The farm is handling 40000 birds only at present. The farm is exempted from obtaining consent from TNPCB as per CPCB guidelines.
As per Reserve Bank of India‟s Master circular related to lending to priority sector, development of the poultry farm in all aspects including 19 erection of poultry houses is placed under Agricultural allied activities. As per GO (Ms) No.: 142 dt.:23rd July, 2014 the poultry farm is exempted from obtaining NOC from Chief Engineer, State Ground and Surface Water Resources Data Centre, Chennai for extraction of ground water.
The Committee is of the opinion that the poultry farm in question is well planned, established and managed in accordance with the OIE guidelines in general. The poultry farm has complied with the CPCB guidelines except fencing, Green belt development and providing offset to poultry sheds from the Poultry Farm boundary. The Environment management, housekeeping and level of hygiene maintained were satisfactory Also the committee is satisfied with the management of the poultry farm functioning. Therefore, the question of Environmental harm and pollution caused and payment of compensation does not arise.
Totally 1175 poultry farms are functioning in Namakkal in which 1028 farms are handling below 1 lac birds which are exempted from obtaining consent of the TNPCB. These poultry farms are the back bone of the rural economy in the Namakkal District and provide the employment in the rural area.
There are 147 poultry farms are functioning with more than 1 lac birds in which 6 farms have applied for the consent of TNPCB and since most of the poultry farm owners are farmers. It was informed by TNPCB that meeting was conducted with the Poultry Association to instruct strictly its members who are having more than 1 lac birds to apply and obtain consent of the Board.
By considering all the above facts, the Hon‟ble NGT may pass appropriate Order / Directions as deemed fit.
Dr. V.P. Ponnuvel, M. Kottai Kumar R. Ravikumar S.Karthikeyan, Regional Joint Revenue Divisional District Scientist-C Director, Officer, Namakkal Environmental CPCB, RD, Animal, Husbandry Engineer, Chennai Namakkal TNPCB, Namakkal
2. Thereafter, the matter was posted to 05.02.2021 for filing objections to the report of the Committee and also further report. Thereafter, it was adjourned from time to time and lastly it was adjourned to today by notification dated 03.03.2021.
3. When the matter came up for hearing today, Mr. Ms. Nivedita S. Menon for Mr. Yogeshwaran.A represented the applicant. Sri. C. Kasirajan through Ms. Ashwini represented 1st respondent, Sri. Dr. V.R. Thirunarayanan represented respondents 2, 3 and 5, Sri. Krishna prasad represented 4th respondent and Ms. P. Jayalakshmi 20 represented CPCB.
4. The 4th respondent has filed counter affidavit along with documents stating that they have already applied for consent and that is pending with the authorities.
The Joint Committee has filed report dated 26.02.2021 filed on 01.03.2021 which reads as follows:
Joint Committee report in compliance with the order dated 5th January, 2021 of Hon'ble NGT (SZ), Chennai in the matter of O.A. No. 147 of 2020 (SZ) 1.0 Preamble After hearing the matter of O.A. No. 147 of 2021 filed by Smt. R. Prabha vs. Tamil Nadu Pollution Control Board and others against the illegal operations of poultry farm run by 4th respondent, the Hon‟ble National Green Tribunal (NGT), Southern Zone, has passed an Order dated January5, 2021 that;
"We direct the committee to revisit the issue again in view of the directions issued by the Principal Bench as O.A. No. 681 of 2017 mentioned supra and submit a further report."
The committee has been directed to submit their further report in view of the observations made on or before 05.02.2021 to this Tribunal by e-filing. The copy of the said order is given at Annexure-1 2.0 Meeting of joint Committee constituted by Hon'ble NGT In pursuance to the above directions of Hon‟ble National Green Tribunal, the Joint Committee had its meeting on 19th February, 2021 through video conference and deliberated the issues. Based on the deliberations further report is furnished as under:
I. The order dated 16th September, 2020 passed by the Hon‟ble NGT, Principal Bench in O.A.NO. 681 of 2017 states that:
"17. Accordingly, we allow this application and direct the CPCB to revisit the guidelines for categorizing the poultry farms as green category and exempting their regulation under the Air Act, Water Act and the EP Act. The CPCB may issue fresh appropriate orders within three months and in if no further order is issued, all the State PCBs/PCCs will require enforcement of consent mechanism under the above Acts after 01.01.2021 for all poultry farms above 5000 birds in the same manner as is being done for farms having more than one lac birds. Till then, even without such consent mechanism, the State PCB/PCCs may strictly enforce the environmental norms and take appropriate remedial action against the any violation of water, air and soil standards statutorily laid down"
In compliance with the above said order of Hon‟ble NGT (PB), CPCB is working on the revisit of guidelines for categorising the poultry farms as green category and exempting their regulation under Water, Air and E(P) Acts and the same is under progress.
II. In accordance with the order dated 16th September, 2020, Poultry farms 21 handling more than 5000 birds have to obtain the consent from the respective state pollution control board with effect from 1st January, 2021. During the inspection, the Committee observed that all the Environmental norms were complying except the consent from TNPCB III. The joint Committee has enquired the compliance status of Statutory requirement by the Poultry farms and it is informed by the office of DEE, TNPCB, Namakkal and Kumarapalayam that;
a). The poultry farm in question, M/s RVS Poultry Farm, Ariyagoundampatti village, Rasipuram taluk, Namakkal district applied for grant of consent from TNPCB through OCMMS on 20.10.2020. The resubmitted application on 05.02.2020 was returned to the unit, since the unit has not submitted some additional particulars and case (O.A. No. 147/2020) is pending before Hon‟ble NGT.
b). Consent has been granted to M/s Mahalakshmi Poultry Farm, Survey NO.: 40/2, 41/1, 2, 3 village Kalangani, NH7 Main Road, Reddipudur (PO), Namakkal Taluk, Namakkal District and the same is valid up to 31st March, 2026.
c). The balance ten poultry farm did not apply for grant of Consent from TNPCB.
d) Further, in compliance with the order of Hon‟ble NGT(PB), the offce of District Environmental Engineer, TNPCB, Namakkal has taken steps to enforce consent mechanism under water, Air and EP Acts with effect from 01.01.2021 for all the poultry farms handling more than 5000 birds in the same
e). Manner as is being done for farms handling more than one lac birds. The status of action taken by TNPCB is as below:
S.NO. Subject No. Of cases 1. 1. Consent granted 7 2. 2. Consent under process 1 3. 3. Show cause Notice (SCN) so 436 far as on 01.02.2021
By considering all the above facts, the Hon‟ble NGT may pass appropriate order/Directions as deemed fit.
Dr. V.P. Ponnuvel, M. Kottai Kumar R. Ravikumar S.Karthikeyan, Regional Joint Revenue Divisional District Scientist-C Director, Officer, Namakkal Environmental CPCB, RD, Animal, Husbandry Engineer, Chennai Namakkal TNPCB, Namakkal
5. It is seen from the report that 7 units have been granted consent, 1 unit is under process and show-cause notice has been issued to 436 units as on 01.02.2021. It may be mentioned here that in the earlier report dated 17.11.2020 filed by the Joint Committee, it was mentioned that there were 1175 poultry farms in 22 Namakal district of which 1028 are handling less than one lakh birds and according to the earlier guidelines of the CPCB, they need not obtain any consent from the Tamil Nadu Pollution Control Board. Out of the remaining poultry farms of 147 who are handling more than one lakh birds, only 6 have applied for consent from the Board but we have reiterated in our earlier order that as per the direction of the Principal Bench in O.A No. 681 of 2017 dated 16.09.2020, the Poultry farms having more than 5,000 birds also have to apply for consent from 01.01.2021 if the CPCB did not issue any further guidelines in this regard in tune with the direction issued by Principal Bench.
6. But in the latest report submitted, there is a long gap regarding this aspect. When this was pointed out Learned Counsel for the Tamil Nadu Pollution Control Board submitted that they will come with further detailed report regarding this aspect. It is not clear from the report as to whether 4th respondent had filed any application for consent and if so what is the present status of that application as well. They are directed to file detailed report clarifying these aspects on or before 28.04.2021 by e-filling in the form of searchable PDF/OCR supportable PDF and not in the form of image PDF along with necessary hardcopies to be produced as per Rules.
7. The Registry is directed to communicate this order to the members of the committee and also to Tamil Nadu Pollution Control Board by e-mail immediately for information and compliance of the direction.
238. For consideration of further report and completion of pleadings, post on 28.04.2021.
....................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Shri. Saibal Dasgupta) O.A. No.147/2020 22nd March,2021. AM.
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