Pushpendra Kumar vs Block Development Officer Kadaura on 13 August, 2024

[Cites 20, Cited by 0]

National Green Tribunal

Pushpendra Kumar vs Block Development Officer Kadaura on 13 August, 2024

Item No.02 (Court No. 2)

BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI

(Through Physical Hearing with Hybrid VC Option)

Original Application No.394/2022
(I.A No. 790/2023, I.A No. 290/2022, I.A No. 631/2023, I.A No. 78/2023
and I.A No. 38/2024)

Pushpendra Kumar ...Applicant

Versus

Block Development Officer,
Kadaura & Ors. ...Respondents

Last date of hearing: 13.02.2024

Counsel for the Applicants:
Mr. Hari Shanker Jain and Ms. Mani Munjal, Advocates for Applicant
(through VC)

Counsel for the Respondents:
Mr. Shwetank Sailakeval, Mr. Narendra Shrivastava and Mr. Mayank
Suryau, Advocates for Respondents No. 1 to 17, 19 and 21.
Mr. Pradeep Misra, Advocate for Respondent no. 22-UPPCB. (through VC)
Mr. Atif Suhrawardy, Advocate for Respondent no. 24-CPCB. (through VC)
Mr. Bhanwar Pal Jadon, Advocate for Respondent no. 25
Dr. Rajnish Dubey, ACS, Animal Husbandry and Mr. Rajesh Kumar
Pandey, DM Jalaun (through VC).
Mr. Pradumn Kumar, Executive Officer, Nagar Panchayat, Kotra and Mr.
Amit Naik, Executive Officer, Nagar Panchayat, Madhaugad and Umari.

PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

Order Reserved on:- 13.02.2024
Order pronounced on :- 13.08.2024.

Application under Section 18 (1) read with Sections 14, 15, 16 & 17 of
the National Green Tribunal Act, 2010.

Order
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-2-

1. The applicant has filed the present application under Section 18 (1)

read with Sections 14, 15, 16 and 17 of the National Green Tribunal Act,

2010 seeking the following reliefs:-

"a. Direct the respondent to implement the CPCB guidelines
for the environmental management of Gaushala/ dairy farms
issued in July, 2020 and Manual on Management of Gaushalas by
ICAR New Delhi vide dated 03rd May 2016 in all Government
Gaushalas running in district Jalaun managed by EO, Nagar
Panchayats/ Nagar Palaika in urban area and by Block
Development Officer at village level.

b. Direct the respondent to implement the basic essential facilities
like concrete floor, adequate shelter environment friendly nutrious
diet, space as per BIS standard, regular treatment, regular cleaning
of cow dung to avoid the environmental pollution failing to which
environmental compensation to be imposed on these government
Gaushalas to save the environment.

c. Direct the respondent to maintain the quality and dosage of
feed/forage/supplements in order to reduce enteric methane
/harmful.

d. Direct the respondent to implement the complete ban of the illegal
slaughter houses and slaughtering of animals in meat shops
running in District Jalaun.

e. Direct the respondents to ban and impose of environmental
compensation on the licensed slaughter houses for not following the
SWM Rules, 2016 environmental norms, CPCB Guidelines for
slaughter houses published in 2017 as "characterization waste
management practices and best available pollution control
technologies in slaughter houses" along with other environment
norms passed by this Hon'ble Tribunal in O.A. No.339 of 2013
(Krishnkant Singh Hoon & Anr. Vs. Union of India & Ors.) dated
23.12.2014, wherein a complete ban was imposed on the slaughter
of animals is illegal slaughterhouses and meat shops was imposed
by this Hon'ble Tribunal.

f. To appoint Oversight Committee, Lucknow headed by Justice
S.V.S Rathore as nodal/compliance authority in this case as above
mentioned violations are running under protection & collusion of
biased UPPCB and OA. No.41/2020 & 94/2022 of district Jalaun
against the respondents is already being monitored by the
committee."

Grievances of the applicant regarding Gaushalas/Nirashrit Pashu
Ashray Sthal

2. The Chief Secretary, Government of Uttar Pradesh issued order vide

notification no 4324/37-2-2018-5(53)/2018 dated 02.01.2019 to establish

Gaushalas in villages (Gram Panchayats) and in urban area (Nagar
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-3-

Nigam/Palika/Panchayat) to solve the problem of stray cattle. Block

Development Officer of each block is appointed as President at Block level

of all Gaushalas/Ashray Sthal running in the villages of corresponding

block and District Magistrate is appointed as President at District level for

all the Gaushalas of the District. Gaushalas/Ashray Sthals have been built

in each Gram Panchayat and Urban area (Nagar Panchayat/Nagar Palika

/Nagar Nigam) of District Jalaun.

3. The applicant has complained about violation of "Guidelines for

Environmental Management of Dairy Farms and Gaushalas" issued by

CPCB in July 2020, "Manual on Management of Gaushalas" issued by

Indian Council for Agricultural Research on 03.05.2016, Solid Waste

Management Rules 2016 and Prevention of Cruelty to Animals Act, 1960,

the Water (Prevention and Control of Pollution) Act, 1974 (Water Act 1974),

the Air (Prevention and Control of Pollution) Act, 1981 (Air Act 1981) and

the Environment (Protection) Act, 1986 (EP Act 1986) and against the

inaction, irregularity, helplessness and mismanagement on the part of the

various Block Development Officers Kadaura, Dakore, Maheba, Konch,

Jalaun, Nadigaon, Kuthaunda, Madhaugad and Rampura, Executive

Officers of the Nagar Panchayats Kadaura, Kotra, Ait, Umari, Nadigaon,

Rampura and Executive Officers Nagar Palika Parishads Orai, Konch,

Kalpi, Madhogad, Konch of District Jalaun, District Magistrate, Jalaun

and Uttar Pradesh State Pollution Control Board. The applicant has

submitted that in Government Gaushalas/Nirashrit Pashu Ashray Sthal

running in district Jalaun cattle/cow/calf/bulls are being trapped inside

the wired fencing in open without having the basic essential facilities like

concrete floor, shelter to save from winter and scorching sunlight of

summer, proper fodder, standard essential space, ventilation, regular

cleaning, spray for each cattle, cow/calf, bull. Food provided for the cattle,

cow, calf, bulls is dry Parali, rotten straw which is below standard as per

"Manual on Management of Gaushalas" by ICAR, New Delhi, residual of
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-4-

crops are not sufficient to feed each cattle. In most of these

Gaushalas/Nirashrit Pashu Ashray Sthals Parali is used as fodder which

contains harmful Silica and difficult to eat/chew for livestock and almost

impossible to chew for calf/weak/sick/injured cattle/cow/bull which is

very harmful for the health of livestock and methane generation by eating

Parali is very harmful for Environment since all cow/calf/bulls are kept

together at one place so it becomes almost impossible for small calf / weak/

sick/ injured cow/calf/ bulls to get the sufficient dosage of fodder/food

leading them to die. Malnutrition causes serious diseases or death to the

cows/calf/bulls/infants. In All Gaushalas/Nirashrit Gauashray Sthals

space requirement is not provided as per the standards prescribed by the

Bureau of Indian Standards (BIS) 12237:1987 & 11799:2005). Number of

cattle kept inside the gaushalas are higher than the capacity. Since there

is only one Veterinary Doctor in entire block so in absence of treatment

daily many live-stocks die inside these Gaushalas. All Gaushalas/Nirashrit

Gauashray Sthals of District Jalaun discharge the cattle dung along with

waste water into the canals/drains, leading to clogging, which ultimately

reaches to nearby Ponds and river "Betwa" the lifeline of drought prone

District Jalaun and causes water pollution. No Gaushala of District Jalaun

has installed treatment plant to treat/filter waste water of gaushala. All

Gaushalas/ Nirashrit Gauashray Sthals don't have concrete floor so the

dung along with urine produces many gases/compounds such as carbon

dioxide, ammonia, hydrogen-sulphide, methane, etc. which are emitted

into the atmosphere and responsible for depletion of ozone layer and

Greenhouse effect along with odour issue. None of the Gaushalas/Nirashrit

Gauashray Sthals has taken consent from UPPCB under Water Act 1974

as well as Air Act 1981.

4. The applicant has referred to the reports submitted by Veterinary

Officer of Block Kadaura and the President of Gau Seva Aayog, Government

of Uttar Pradesh and news published by Dainik Jagran and Amar Ujala
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-5-

regarding the pitiable condition of Gaushalas of District Jalaun, U.P.

regarding these aspects.

Grievances of the applicant regarding illegal Slaughter Houses

5. The applicant has submitted in the original application that illegal

slaughter houses and slaughtering of animals in meat shops are running

in Urban and Village areas in District Jalaun under the protection of

UPPCB/Gram Panchayats/Nagar Panchayat/Nagar Palika. Moreover few

running slaughter houses have not renewed their licensed and NOCs from

the concerned departments and are not following the environmental

norms. These illegal slaughter houses and meat shops generate

substantial quantities of effluents and solid wastes. These illegal

slaughterhouses cause nuisance by way of foul smell due to improper

handlings. Moreover, the waste-hooves, horns, hair, bristles, gall bladder,

ears, skin etc. generated from these illegal slaughterhouses/meat shops is

thrown in open which attract flies, dogs and other vermin, leads to

leachates problem, contamination of surface and ground water, causes

public nuisance and danger of spreading diseases. As per the order dated

23.12.2014 passed by this Tribunal in O.A. No 339/2013 (Krishankant

Singh Hoon & Anr. Vs Union of India & Ors), a complete ban was imposed

on the illegal slaughter houses and slaughtering of animals in meat shops.

But at present, slaughtering of animals at meat shops is continuing in

Urban area as well as villages in District Jalaun. In many villages like

Mohari, Guloli, Mumtazabad of Town Kadaura illegal slaughter houses are

openly running with the help of UPPCB in violation of the order of this

Tribunal and environmental norms. In Laxmi Narain Modi vs Union Of

India & Ors (WRIT-C-309/2003 with WRIT 330/2001,44/2004) on

30.01.2014 the Hon'ble Supreme Court of India has given various

directions to the Central and respective State Governments along with

CPCB to stop the illegal slaughter houses running without licence.
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-6-

Moreover Uttar Pradesh Government has released a notification no

(19/2017/ 380/ अ ासी/17/34 खा०/16) vide dated 24.03.2017 to all the District

Magistrates and Commissioners to stop the illegal slaughter houses and

slaughtering in meat shops and implement the compliance of all the

guidelines issued by the MoEF, CPCB and environmental laws as

applicable.

6. Vide order dated 27.05.2022 this Tribunal ordered issuance of

notices to the respondents and also constituted a Joint Committee

comprising of representatives of CPCB, Principal Secretary of Animal

Husbandry, Government of Uttar Pradesh, UPPCB, ICAR and National

Dairy Development Board and directed the same to verify the factual

position, look into the grievances of the applicant and take remedial action

in accordance with law by following due process within one month from

the date of receipt of a copy of this order and to submit Factual and action

taken report within two months.

7. In compliance thereof report dated 22.08.2022 of the Joint

Committee was filed by Mr. G. Rambabu, Scientist-D, CPCB.

Joint Committee Report

8. In its report the Joint Committee has mentioned that as reported by

the CVO, Jalaun a total of 34674 cattle have been rehabilitated in

approximately 400 Gaushals/Goashray Sthals (including 363 temporary

Goashray Sthals; 18 Kanji house; 07 Kanha Gaushala; 05 permanent

Goashray Sthals; 02 Govanshvanyvihar; 05 registered Gaushalas) in 09

blocks of 05 Tehsils of District Jalaun.

9. The Joint committee randomly visited nine gaushalas in District

Jalaun. During the visit, Members of Joint Committee had interactions
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-7-

with the Gaushalas Coordinators/care takers, Executive Officer (EO) Nagar

Panchayat, District Development Officers (DDOs) and the villagers.

10. The Joint Committee also visited the meat shops operating in

Bajaria, Ambedkar Nagar Chauraha, Konch bus stand, Vikas Bhawan,

Collectrate Tiraha and Kabeer nagar areas of Urai District Jalaun.

11. The salient observations and recommendations made by the Joint

Committee in its report are reproduced as under:-

"Salient Observations:

1. The Committee observed that Gaushalas inspected in Jalaun
district (UP) have no proper provision for Liquid waste treatment
as per CPCB guidelines for the environmental management of
gaushala/dairy farms issued in July 2021 and manual for
management of Gaushlas by ICAR New Delhi 2016
2 During visit of the joint committee, it was observed that the
Siting criteria of Gaushala has not been complied by the
Temporary Gaushala, at village Kailor, Gram Panchayat.
Madhavgarh Jalaun (UP) gaushala has not followed guidelines
for construction of cattle housing and CPCB guidelines for the
environmental management of gaushala/dairy farms issued in
July 2021(revised) and manual for management of Gaushlas by
ICAR New Delhi 2016.
3. The Committee observed that Govansh Vanya Vihar
Gaushalas inspected, at village Chamari, Block, Kadaura has no
proper fencing boundary wall for safely rehabilitation of animals
in Gaushala.

4. The Committee has observed that in most of the gaushalas
has no drainage facility, proper shed, lack of travis for treatment
of animals, provision for foot bath at entrance and partition of the
animals shed as per category of animal etc. which is violation of
CPCB guidelines for the environmental management of
gaushala/dairy farms issued in July 2021 (revised) and manual
for management of Gaushlas by ICAR New Delhi 2016.
5. The Committee observed that Gaushalas inspected in
Rural areas Temporary nirashit Govansh Asharysthal at
Pandaura and Chitaura Village at Kadaura block in District
Jalaun has no proper shed and boundary wall for rehabilitation
of animals and noticed violation of CPCB guidelines for the
environmental management of gaushala/dairy farms issued in
July 2021 and manual for management of Gaushlas by ICAR
New Delhi 2016.
6. At most of the gaushalas temporary shelters, feed and
fodder are not provided in adequate quantity, particularly
quantity of concentrate (cattle feed) is very less, as compared to
number of animals housed. However, at all gaushala visited by
the joint committee. submersible pump and adequate number of
water trough were available to provide required quantity of water
for drinking as well as for cleaning of animals/animal sheds
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-8-

7. During visit joint Committee has observed that the
gaushalas have no proper methods for utilization of cow dung
except Bio-Compost.

Recommendations:

After visit of the gaushalas, the Joint committee has the
followings recommendations for proper management of these
establishments:

1. All Gaushalas / temporary goashrya sthal located in district
Jalaun should comply with the revised "Guidelines for
environmental management of dairy farms and gaushalas"
published by CPCB in 2021(revised) for environmental issues,
waste management and regulatory / monitoring mechanism for
gaushalas .The "Manual on Management of Gaushalas"
published by the Indian Council of Agricultural Research
provides information on minimum infrastructure (housing and
ancillary) required for gaushalas, feeding management, protocol
for identification and record keeping of animals, segregation and
isolation of animals, veterinary care, maintaining hygiene as well
as disposal of animal waste.

2. In case of any violation of environmental norms under
Water (Prevention and Control of Pollution) Act, 1974, Air
(Prevention and Control of Pollution) Act, 1981 and
Environmental (Protect) Act, 1986 by Dairy farms and
Gaushalas, concerned SPCBs/PCCs should impose
environmental compensation as per CPCB methodology for
"Environmental Compensation to be levied on Industrial Units for
damaging the environment and in order to stop polluting activity
and initiate prosecution for repeatedly polluting units.
3. They may set-up individual or common treatment facilities
where in cluster. Local bodies/corporations/SPCBs should
facilitate Dairy farmers/ entrepreneurs. NGOs in setting up of
individual or common treatment facilities
4. Water should be judiciously used for bathing of bovines
and other services including floor cleaning to contain wastewater
quantity to 50 litres/day/ bovine.

5. Shelter management:

Proper housing is one of the basic needs for the cattle
rehabilitated in these establishments. Adoption of guidelines
regarding minimum infrastructure required for gaushalas would
provide desirable welfare to the housed animals.
• All animals maintained at Gaushalas should be given
adequate shelter to save them from inclement/harsh weather
conditions and enough space to roam around lie down and stand
up again. Animals should be segregated /grouped in various
groups based on their age for better management.
• Feed and particularly green fodder were not available in
required quantity. Animals are given more dry fodder and little
or insufficient green fodder and concentrate cattle feed.
• The specifications for floor space (covered and open),
feeding and watering for animals, stores (dry fodder and
concentrate), staff quarter, land required for fodder production
must be followed as per laid guidelines.
• The flooring under covered area should be pucca
(cemented / brick-on-edge, etc) and under open area should be
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-9-

kachcha for proper comfort and rest (follow BIS standards).
Pucca flooring with sufficient slope felicitates proper cleaning of
shed,
• In view of proper management, the animals must be
accommodated in separate sheds or partition as per their
category (Milch. dry, pregnant, growers, calves, adult males, etc).
All the sheds must be properly ventilated
• Isolation shed should be at one corner of the gaushala to
accommodate infected animals which may become source of
infection to the other healthy animals.

6. Feeding management

All the cattle should be provided feed in adequate quantities and
of adequate nutritional quality to meet their requirements for
good health and welfare.

 The ration should be formulated to become balanced as
per requirement of the different category of animals.
 The ration should be comprised of green fodder, dry
fodder, concentrate mixture (energy, protein, fat, minerals &
vitamins) and salt as per recommendations, Fresh water
availability must be ensured to all the animals.
 Sufficient feeding and watering area as per specifications
should be provided in the gaushalas.

7. Health management

 Proper animal health care facilities (veterinary dispensary
along with medicines, trevis, isolation shed, etc) must be ensured
to minimize pain, injury and disease in the gaushalas.
 Regular vaccination (as per vaccination schedule),
deworming, control for ecto-parasites and screening of animals
for TB. JD and Brucellosis should be followed in the herd.

8. Plantation of trees or green belts, wherever feasible, to
provide a barrier against spread of foul smell or noise originating
from them.
9. Local authorities/corporations should carry out inventory
of Dairy farms and Gaushalas located in their jurisdiction
10. Local bodies/municipal corporations shall publish a public
notice in newspapers and on their website for registration of
Dairy farms and Gaushalas as per municipal laws. Registration
may be done preferably through online mode and same may be
displayed at their websites.
11. All the meet shops /slaughter houses may obtain valid
license from concerned authorities and follow guidelines for
keeping clean surrounding environment of Jalaun District.
SPCB shall publish a public notice for Gaushalas to obtain
consent to establish and consent to operate under Water Act,
1974 as well as Air Act. 1981 as per the categorization of
industries in Orange and Green Category, respectively.
12.SPCB/local bodies/municipal corporations shall upload
Environmental Guidelines on their website and also circulate to
all Dairy farms and Gaushalas.
14. SPCB/local bodies/corporations should monitor dairy farms
and gaushalas on regular basis.
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-10-

15.SPCB will consider carrying capacity of surroundings while
allowing a new establishment and laying down environmental
norms.
16. SPCB should provide training and consultation to Gram
Panchayat for implementation of guidelines in their jurisdiction.
Gram Panchayat should ensure implementation of guidelines by
Dairy farms and Gaushalas falling under their jurisdiction for
handling and management of wastes."

12. Vide order dated 24.08.2022 MoEF & CC Integrated Regional Office,

Lucknow; CPCB and State of Uttar Pradesh through Chief Secretary were

impleaded as respondents no. 23 to 25.

13. In the course of hearing Reply dated 10.10.2022 was filed by

respondent no. 21-District Magistrate, Jalaun vide email dated 04.11.2022

mentioning that respondent no. 21-District Magistrate, Jalaun diligently

followed the guidelines as prescribed from time to time by the State

Government and also made various communications for safe upkeep of

animals in the Gaushalas. In the reply respondent no. 21-District

Magistrate, Jalaun has referred to direction given by the Principal

Secretary, Government of Uttar Pradesh through VC to identify land for

setting up of Gaushala for accommodating 1000-2000 cows and issuance

of letter by the office of respondent no. 21-District Magistrate, Jalaun in

this regard. In the reply respondent no. 21-District Magistrate, Jalaun also

mentioned that there is no slaughter house in District Jalaun.

14. Additional affidavit was filed by respondent no. 21-the District

Magistrate, Jalaun vide email dated 14.03.2023. The relevant part of the

additional affidavit is reproduced below:-

"ADDITIONAL AFFIDAVIT ON BEHALF OF RESPONDENT No.
21 i.e.DISTRICT MAGISTRATE OF DISTRICT JALAUN
X X X X
4. That on the last date of hearing this Hon'ble Tribunal was
pleased to direct us to explore the possibilities of providing better
facilities in various gaushalas in the District Jalaun. That in
compliance with the last hearing before this Hon'ble Tribunal
dated 17.11.2022 Respondent No.21 wishes to bring on record
some additional facts/compliances made by filing the present
Additional Affidavit.
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-11-

5. That followings are the additional details of various
necessary steps taken in compliance to the standard guideline
for protection of Gauvansh and Gaushalas before the last date
of hearing i .e.,17.11.2022.
A).That as per record, on 01.07.2022 a letter was sent to all the
BDO's, all Executive officer's, Chief Veterinary officers and all
Deputy chief Veterinary officers of the district Jalaun apprising
the fact that around 41906 Cattle Breeds (Gauvansh) are
protected in various Gaushalas of the district and the issue of
unprotected Gauvansh and also the conditions of Gaushalas in
coming rainy season were highlighted. In order to protect the
Gauvansh and Gaushalas. The directions were issued in the
letter to take various measures for protection from sky lighting,
fodder shortages and medical issues. Which are as follows: -
-Preparation of kharanja and platform to avoid water logging in
Gaushalas,
-Proper shed and tirpal in Gaushalas for rain protection.
-Proper cleaning of Gauvansh sitting Platform/floor and charhi
area in Gaushalas.
-Proper HS vaccination of Gauvansh for protection from diseases
and insecticide, spraying of Gaushalas form protection from
mosquitoes and other infections
-Installation of lightning conductor to protect Gauvansh from sky
lighting in Gaushalas.
-Prepare for Flood situation based on the historical data and
follow the guidelines of National disaster management
guidelines -- management of floods and develop Animal Care
Management Preparedness Plan (ACFMP) as per the guidelines
of State Disaster Management Authority of Uttar Pradesh.
-Also ensure the proper fodder (bhoosa) to avoid any problem in
case of flood situations. The true copy of letter dated 01.07.2022
is annexed herewith and marked as ANNEXURE -- R1.

B).That a letter dated 03.08.2022 was sent to all the BDO's,
executive officers, Nagarpalika parishads/Nagar panchayat of
the district jaluan directing to follow the routine orders and work
accordingly for protection of Gauvansh and preservation of
Gaushalas. A true copy of letter dated 03.08.2022 is annexed
and marked herein as ANNEXURE -- R2.
C).That a letter dated 10.08.2022 was sent to BDO of
Dakor/Jalaun/Kuthaud highlighting the issue of unprotected
Gauvansh on Bundelkhand expressway and their admission in
Gaushalas. The unprotected Gauvansh are causing damage to
the green belt of the Bundelkhand expressway and also
obstructing the traffic and in order to deal with this problem two
private entities were engaged however constant reports of denial
in admission of captured Gauvansh by Gaushalas is coming so
we expect you to ensure the admission of captured Gauvansh in
Gaushalas without any hurdle and direct you to help the private
entities in admission of Gauvansh in the nearby Gaushalas. A
true copy of letter dated 10.08.2022 is annexed herewith and
marked as ANNEXURE - R3.
D).That on 10.08.2022 separate letters were sent to Sh. Vipin
Kumar (BDO of Kaunch), Sh. Braj Kishore Kushwaha (BDO of
kadaura), Smt. Pratibha Shalya (BDO of kuthaud), Sh. Deepak
Kumar Yadav (BDO of Madhaugad), Sh. Gaurav Kumar (BDO of
Nadigao), Sh Nishant Tiwari (deputy collector, Apprentice/BDO
of Dakor) addressing the issue of deficiency in follow up of orders
and instruction given in the letter 974/OSD dated 31.07.2022.
Based on the routine report dated 06.08.2022 it was observed
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-12-

that orders are not being followed in expected manner. The issue
of unprotected Gauvansh is still persistent in the villages, and
we are receiving multiple complaints from villagers, also to notate
that Gaushalas are still empty. The directions were issued to file
the reply in 2 days explaining the reason for not following the
order in expected manner, Failure of reply in two days will be
deemed as "No Explanation" and thereafter action will be taken
accordingly. The true copy of letters dated 10.08.2022 is
annexed herewith and marked as ANNEXURE -- R4 (COLLY).
E). That a letter dated 21.09.2022 was sent to Dr. Awdesh Singh,
DPRO (District Panchayati Raj Officer). Letter stated that Based
on your Inspection of Cowshed in Pandoura village, block
Kadaura dated 13.09.2022 and report dated 14.09.2022 of the
same inspection, it was found that drinking water and electricity
facility in the premises is not as per the required standard.
Kindly provide explanation regarding non availability of
submersible pump and why no steps were taken by gram
panchayat with regards to availability of electricity in the village
Gaushala. Kindly explain why gram panchayat failed to provide
fund for it and had not taken any measures for improvement of
the condition. The Directions were issued to provide the details
regarding funds received by Gaushala from panchayat and also
provide further information regarding number of inspections visit
of Gaushalas conduction by you in the past and deficiencies
found in those in inspection, and what measures you have taken
to resolve those issues. A true copy of letter dated 21.09.2022 is
annexed herewith and marked as ANNEXURE -- R5.
F). That on a sudden visit dated 10.10.2022 of Kanha Gaushala
of kadaura Block with Additional District Magistrate
(NamamiGange), Deputy District Officer Kalpi, BDO, Executive
officer and Nagar Panchayat Sh. Vipin Kumar,Total 213
Gauvansh were found reserved in the Gaushala. It is to mention
here that during the inspection visit found proper water facility
and electricity facility in the Gaushala as per the guidelines.
However, fodder (bhoosa) storage facility found prone to water
damage due to windows in tin shed and direction given to the
Executive Officer to take corrective measures. During the
inspection visit it was also observed that No animal found
infected with lumpy diseases and 3 injured Gauvansh are
receiving medical treatment. Following directions were given
during the visit: -
-Directed veterinary doctor to conduct regular inspection and
treatment of cattle breed and do the physical verification of
fodder.
-Direction given for availability of green fodder (hara chara) on
daily basis and directed to use the barren land of gaushala for
growing Napier grass.
-Direction given to relocate the compost fertilizer storage to avoid
any harm to cattle breed and proper cleaning of the area.
-Inspection report prepared on dated 12.10.2022. A true copy of
inspection visit report dated 12.10.2022 is annexed herewith
and marked as ANNEXURE -- R6.
G).That the Additional District Magistrate (NamamiGange) Sh.
Vishal Kumar Yadav of District Jalaun sent a letter dated
13.10.2022 to all the concerned Executive officers informing the
issue observed during the kanha Gaushala inspection visit by
DM and issue of green fodder in Gaushalas. As per letter
following directions were given:-
-Make green fodder available in gaushalas on priority basis.
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-13-

-Also upload the photos/videos of the facilities in Gaushalas on
WhatsApp group of local bodies jalaun on daily basis. A true
copy of letter dated 13.10.2022 is annexed herewith and marked
as ANNEXURE -- R7.
H).That a letter dated 16.10.2022 was sent to District
Development officer highlighting the issue of green fodder and
quality of Bhoosa as per multiple complaints received from locals
during the review meeting dated 12.10.2022. It was observed
that there is a possibility of nexus between the fodder contractor
and department officials behind the bad quality of fodder of
Gaushalas. Direction was given to setup a committee to ensure
the quality of fodder as per the prescribed standard guidelines.
The Block Development Officer will be responsible for any failure
and quality issue of the Fodder. A true copy of letter dated
16.10.2022 is annexed herewith and marked as ANNEXURE --
R8.
I).That the Additional District Magistrate (NamamiGange) Sh.
Vishal Kumar Yadav of District Jalaun, sent a letter dated
09.11.2022 to all the concerned Executive officers and
Nagarpalika Parishad/Nagar Panchayat stating the issue of
pending development projects and condition of Gaushalas. The
letter directed them to conduct regular inspection of Gaushalas
and ensure proper facilities, also to upload the photos of such
visit on same day. A true copy of letter dated 09.11.2022 is
annexed herewith and marked as ANNEXURE - R9.
J). That the Block Development Officer of Dakor block sent a letter
dated 11.11.2022 to all the Village Development Officer and
Village Panchayat Officer of Dakor block highlighting the issue of
bad quality fodder(bhoosa) observed by District Magistrate. All
the Gaushalas (Temporary and Permanent) were Directed to
check the quality of Fodder (bhoosa) and issue certificate as per
standard guidelines. The payment of fodder will be done only
after the quality check-up and the Committee will be responsible
for any failure. A true copy of letter dated 11.11.2022 is annexed
herewith and marked as ANNEXURE -- R10.
6. That on dated 17.11.2022 the Respondent No. 21
appeared before the Hon'ble Tribunal through video conference
in the aforementioned original application 394/2022 and the
Hon'ble Tribunal directed the undersigned to narrate the actions
taken so far in the protection of Gauvansh and maintenance of
Gaushalas. That in compliance of the same it is humbly
submitted that following are the actions taken so far in
compliance of the Hon'ble tribunal Order and notification no.
4324-37-2-2018-5(53)/2018 dated 02.01.2019 of the State
Government Uttar Pradesh.
7. That during the area visit on dated 17.11.2022 the
problem of unprotected Gauvansh loitering on the roadsides was
observed and on the same day an order was issued to catch the
unprotected Gauvansh in the city limits of Orai. The Additional
Magistrate Orai Sh. Chandrakant Tiwari and Nayab Tahsildar
Orai were appointed as supervisor of the teams engaged in this
work and to oversee the whole process of safe transportation of
Gauvansh to the Gaushala in their presence. A true copy of order
dated 17.11.2022 is annexed herewith and marked as
ANNEXURE-R11.
8. That a letter dated 20.11.2022 was sent to Additional
District Magistrate Jalaun (NamamiGange) Sh. Vishal Kumar
Yadav and District Panchayat Raj Officer, Jalaun Dr. Awdesh
Singh highlighting the issue of cold weather and instructed to
ensure the proper facilities in all the Gaushalas of the district to
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-14-

deal with such harsh winter weather. The directions were given
to submit a report compiling all the problems of Gaushalas
currently operating in their jurisdiction within three days so that
it can be corrected before the harsh winter. A true copy of letter
dated 20.11.2022 is annexed herewith and marked as
ANNEXURE -- R12.
9. That the Chief Veterinary Officer of district Jalaun sent a
letter dated 21.11.2022 to all the deputy veterinary officer
highlighting the issue of cold weather and instructed to ensure
the proper facilities in all the Gaushalas of the district to deal
with harsh winter weather. The directions were given to visit the
Gaushalas to ensure the proper tin sheds facility in Gaushalas
and file reply within 3 days accordingly. A true copy of letter
dated 21.11.2022 is annexed herewith and marked as
ANNEXURE -- R13.
10. That the Chief Veterinary Officer of district Jalaun on a
sudden inspection visit dated 23.11.2022 visited the temporary
Gaushala at GIC, Nagarpalika Parishad, Orai. It was found that
14 Gauvansh are reserved in the Gaushala and 2 Gauvansh in
Gaushala are receiving medical treatment of lumpy disease and
they are showing recovery. During the inspection found proper
water facility and sufficient fodder for cattle in the Gaushala and
to clean platform/floor seating area for Gauvansh. A true copy of
Inspection report dated 23.11.2022 is annexed herewith and
marked as ANNEXURE -- R14.
11. That a letter dated 25.11.2022 was sent to District
Development Officer district Jalaun. The letter stated that based
on the previous complaints about the bad quality of fodder
supplied by the contractors, directions were given to setup a
committee on Block level to check the quality of fodder meant for
Gauvansh consumption. However, we have not received any
response or status report your end about the progress of
committee. Therefore, the addressee was directed to submit the
progress report of the committee and also provide details
regarding investigation of fodder by the committee within three
days. It was also directed to submit the status of green fodder
availability in Gaushalas. A true copy of letter dated 25.11.2022
is annexed herewith and marked as ANNEXURE -- R15.
12. That a letter dated 05.12.2022 was sent to Officer of Zila
Panchayat District Jalaun, District Panchayati Raj Officer, All
BDO's, All Executive officers and all the deputy veterinary officer
of the district accentuating the issue of non-compliance of the
official orders and guidelines with regards to Gaushalas and
safety of the Gauvansh. The issues like improper tin shed in
Gaushalas, overcapacity of Gauvansh in some Gaushalas, Bad
fodder quality causing serious health issues to Gauvansh and
lack of medical treatment for injured Gauvansh were specifically
pointed out in the letter and the concern of NGT regarding
improper facilities was informed in the addressee of the letter.
The directions were given to strictly follow the order under
original application no.394/2022 of NGT dated 17.11.2022 and
copies of order supplied as attachment with the letter. A true copy
of letter dated 05.12.2022 is annexed herewith and marked as
ANNEXURE -- R16.
13. That on 08.12.2022 an order was issued to release the
salary of September 2022 of two officials (manager of Konch
Gaushala and Veterinary Officer) with strict warning to perform
duties properly as it was stopped by executive officer after their
failure in duties to ensure proper facilities in Gaushalas and
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-15-

disinterest. A true copy of order dated 08.12.2022 is annexed
herewith and marked as ANNEXURE -- R17.
14. That a letter dated 16.12.2022 was sent to all the Deputy
Chief veterinary officers of the district Jalaun by Chief veterinary
officer of district Jalaun reminding the strict compliance of the
order passed by the Hon'ble National Green Tribunal in Original
Application no. 394/2022 vide order dated 17.11.2022.A true
copy of letter dated 16.12.2022 is annexed herewith and marked
as ANNEXURE - R18.
15. That on dated 28.12.2022, the Executive Officer (Nagar
Palika Parishad Kalpi, Talaun) Sent a letter to Additional District
Magistrate (NamamiGange) informing about the compliance of
order dated 17.11.2022 passed by Hon'ble Tribunal in Original
Application no. 394/2022. In the letter information relating to
compliance of guidelines for protection of Gauvansh in the
Alampur Temporary Gaushala, Kalpi as per the government
notification and orders of district magistratewas highlighted
which are as follows: -
- In the Gaushala we havegoodfodder like Bhoosa, Green
Fodder and Khari chokhar as per the compliance of general
guidelines.
- In the Gaushala we have proper Tin shed facility and Tirpal for
protection of Gauvansh from cold winter weather.
- In the Gaushala we have ensured every possible facility
for protected Gauvansh, and campus of Gaushala is about 2 Acre
which is sufficient for smooth functioning.
- We have shifted the Gauvansh infected with lumpy
disease to a specialized facility MRF Centre at Rajghat for
medical treatment.
- We provide regular medical treatment facility in Gaushala
through a veterinary doctor for Injured, old and sick Gauvansh
as per the standard guidelines.
- We facilitate the admission of unprotected Gauvansh in the
Gaushala without any hurdle as per the standard guidelines and
orders from higher authority of the district. A true copy of letter
dated 28.12.2022 is annexed herewith and marked as
ANNEXURE -- R19.
16. That a letter dated 30.12.2022 was sent to Officer of Zila
Panchayat District Jalaun, District Panchayati Raj Officer, all
BDO's, all Executive officers and all the deputy veterinary
officers of the district, again highlighting the problem of harsh
winter and measures to be taken for protection of Gauvansh in
Gaushalas. The directions were given to explore the possible
options available to be considered for advance preparation and
basic facilities in the Gaushalas of the district. A true copy of
letter dated 30.12.2022 is annexed herewith and marked as
ANNEXURE -- R20.
17. That a letter dated 30.12.2022 was sent to the Executive
officer kalpi, Executive officer Rampura, Block Development
Officer (Kadaura, Dakor, Kuthaud), Deputy Chief Veterinary
Officer (OraiSadar, Kalpi) and Veterinary Officer (Kadaura,
Dakor, Rampura, Kuthaud) for inspection and compliance report.
The letter was sent after an email complaint was received from
a common man namely Sh. Pawan Dwivedi highlighting the non-
compliance of state notification and Hon'ble Tribunal order dated
17.11.2022 causing deaths of Gauvansh in some Gaushalas.
The message was conveyed to the concerned officials of the
Gaushalas through the letter and directions were issued to
submit investigation report with photographic evidence to Chief
veterinary officer of the District Jalaun within 3 days. A true copy
O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.
-16-

of letter dated 30.12.2022 is annexed herewith and marked as
ANNEXURE -- R21.
18. That a letter was sent to the Chief Veterinary officer,
District Jalaun by the Deputy Chief Veterinary Officer District
Jalaun and The Executive officer (Nagar Palika Parishad Orai)
highlighting the pointwise report in response to the issues raised
through email complaint dated 06.12.2022 by a common citizen
namely Sh. Pawan Dwivedi. The pointwise report are as follows:
-

- This is to bring in your notice that we are running a Kanha Gaushala in Sarsauki village, Orai with complete facility like medical facility, Tin Shed. Tirpal and Jute bag overcoat for complete protection of Gauvansh in winters.

- This is to inform you that dead unprotected cattle within the city limits are being buried properly in the forest area outside city.

- Higher officials of NagarPalika Parishad Orai does the Inspection regularly to ensure the basic facilities in the Gaushalas as per standard guidelines.

- This is to bring in your notice that we have appointed cattle catcher teams for unprotected Gauvansh loitering in the city limits and facilitate the admission of such Gauvansh. A true copy of letter is annexed herewith and marked as Annexure -R-

19. That during the area visit on dated 03.01.2023 the problem of unprotected Gauvansh lying on the roadsides of city limits of Jalaun was observed and on the same day an order was issued to catch the unprotected Gauvansh in the city limits. The Additional Magistrate Orai Sh. Pushkar Nath Chaudhary and Nayab Tahsildar Oraish. Gaurav Kumar were appointed as supervisors of the teams engaged in this work and to oversee the whole process of safe transportation of Gauvansh to the Gaushala in their presence. A true copy of order dated 03.01.2023 is annexed herewith and marked as ANNEXURE -- R23.

20. That a letter dated 05.01.2023 was sent to the Chief Veterinary officer, District Jalaun by the Block Development Officer of Kadaura Block informing the details of joint Investigation conducted by Joint Block Development officer Kadaura and Veterinary officers in response to the issues raised through email complaint dated 06.12.2022 by a common citizen namely Sh. Pawan Dwivedi. The detailed view of joint investigation provides insight of every Gaushala in the Block which are as follows.

- Gaushala in gram panchayat KusumaraBawni That the total 193 Gauvansh are protected in the Gaushala with 107 Quintal Fodder (bhoosa) reserve, and green fodder facility is also available for Gauvansh as per the requirement. A variety of amenities like Tin shed, tirpal, bonefire etc. are being made available to protect the Gauvansh in the cold winter nights. The designated veterinary officer performs routine checks in the gaushala, and sick Gauvansh receives the necessary care. The Significant residents of the village have provided a signed joint written statement with images expressing their satisfaction with the facilities in Gaushala.

- Gaushala in gram panchayat Khutmili That the total 74 Gauvansh are protected in the Gaushala with 40 Quintal Fodder (bhoosa) reserve, and green fodder facility is also available for Gauvansh as per the requirement. A variety of amenities like Tin shed, tirpal, bonfire etc. are being made O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-17-

available to protect the Gauvansh in the cold winter nights.The designated veterinary officer performs routine checks in the gaushala, and sick Gauvansh receives the necessary care. The significant residents of the village have provided a signed joint written statement with images expressing their satisfaction with the facilities in Gaushala.

- Gaushala in gram panchayat Udanpur That the total 73 Gauvansh are protected in the Gaushala with 115 Quintal Fodder (bhoosa) reserve, and green fodder facility is also available for Gauvansh as per the requirement. A variety of amenities like Tin shed, tirpal, bonfire etc. are being made available to protect the Gauvansh in the cold winter nights. The designated veterinary officer performs routine checks in the gaushala, d sick Gauvansh receives the necessary care. The significant residents of the village have provided a signed joint written statement with images expressing their satisfaction with the facilities in Gaushala.

- Gaushala in gram panchayat Babina.

That. the total 140 Gauvansh are protected in the Gaushala with 35 Quintal Fodder (bhoosa) reserve, and green fodder facility is also available for Gauvansh as per the requirement. A variety of amenities like Tin shed, tirpal, bonfire etc. are being made available to protect the Gauvansh in the cold winter nights.The designated veterinary officer performs routine checks in the gaushala, and sick Gauvansh receives the necessary care. The significant residents of the village have provided a signed joint written statement with images expressing their satisfaction with the facilities in Gaushala.

- Gaushala in gram panchayat KurhanaAlamgir.

That the total 100 Gauvansh are protected in the Gaushala with 120 Quintal Fodder (bhoosa) reserve, and green fodder facility is also available for Gauvansh as per the requirement. A variety of amenities like Tin shed, tirpal, bonfire etc. are being made available to protect the gauvansh in the cold winter nights. The designated veterinary officer performs routine checks in the gaushala, and sick Gauvansh receives the necessary care. Villagers also informed that no such incident of Dog Biting of Gauvansh are encountered in the village Gaushala. The significant residents of the village have provided a signed joint written statement with images expressing their satisfaction with the facilities in Gaushala.

- Gaushala in gram panchayat Ikauna.

That the total 160 Gauvansh are protected in the Gaushala with 70 Quintal Fodder (bhoosa) reserve, and green fodder facility is also available for Gauvansh as per the requirement. A variety of amenities like Tin shed, tirpal, bonfire etc. are being made available to protect the Gauvansh in the cold winter nights.The designated veterinary officer performs routine checks in the gaushala, and sick Gauvansh receives the necessary care. The significant residents of the village have provided a signed joint written statement with images expressing their satisfaction with the facilities in Gaushala.

- Gaushala in gram panchayat Harvandpur.

That the total 68 Gauvansh are protected in the Gaushala with 80 Quintal Fodder (bhoosa) reserve, and green fodder (bhoosa) reserve, and green fodder facility is also available for Gauvansh as per the requirement. A variety of amenities like Tin shed, tirpal, bonfire etc. are being made available to protect the Gauvansh in the cold winter nights. The designated veterinary officer performs routine checks in the gaushala, and sick O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-18-

Gauvansh receives the necessary care. The significant residents of the village have provided a signed joint written statement with images expressing their satisfaction with the facilities in Gaushala.

- Gaushala in grain panchavat Chamari.

That the total 677 Gauvansh are protected in the Gaushala with 185 Quintal Fodder (bhoosa) reserve, and green fodder facility is also available for Gauvansh as per the requirement. A variety of amenities like Tin shed, tirpal, bonfire etc. are being made available to protect the Gauvansh in the cold winter nights.The designated veterinary officer performs routine checks in the gaushala, and sick Gauvansh receives the necessary care. The significant residents of the village have provided a signed joint written statement with images expressing their satisfaction with the facilities in Gaushala.

A true copy of letter dated 05.01.2023 with written statement and photograph is annexed herewith and marked as ANNEXURE -- R24 (colly).

21. That a Letter dated 06.01.2023 was sent to Chief veterinary officer of District Jalaun by the Block development officer of Kuthaud Block and the Veterinary officer Informing the compliance of Hon'ble Tribunal order dated 17.11.2022 in Two Gaushalas (Naurezpur and Jahtauli) and ensured that the proper facilities for winter protection and fodder are available in the aforementioned Gaushalas as per the standard guidelines and order. A true copy of letter dated 06.01.2023 is annexed herewith and marked as ANNEXURE -- R25.

22. That a Letter dated 12.01.2023 was sent to Special Secretary, Pashudhan Section II, Uttar Pradesh Government informing the compliance of the order passed by the Hon'ble National Green Tribunal in Original Application no. 394/2022 vide order dated 17.11.2022 in District Jalaun. It was informed that the Chief Veterinary Officer of the district Jalaun is satisfied with the reports of investigation of Gaushalas conducted by the Block District officers and the Veterinary officer. A true copy of letter dated 12.01.2023 is annexed herewith and marked as ANNEXURE -- R26.

23. That a letter dated 15.01.2023 was sent to Officer of Zila Panchayat District Jalaun, District Panchayati Raj Officer, all BDO's and all the Executive officers of the district directing to ensure the availability of green fodder and tin shed facility in Gaushalas of the district to deal with the cold weather. The response to be filed within three days to chief veterinary officer of district Jalaun, so that it can be certified by the Department. A true copy of letter dated 15.01.2023 is annexed herewith and marked as Annexure -R27.

24. That on dated 25.02.2023 the Chief Veterinary Officer of District Jalaun supplied an information report accentuating that total 1946 Gauvansh are protected in the 7 Gaushalas of nagar Palika parishad and nagar panchayat (Umari, Rampura, Konch, Orai, Nadigao, Jalaun, Kadaura) established in the urban area of district Jalaun. That the report highlighted the action taken with regards to the protection of Gauvansh in winter weather and arrangements like tin shed facility, fire facility, fodder (bhoosa) facility and also land is being utilized for growing Napier Grass and Barseem within the complex of Gaushalas to make the proper arrangement of green fodder (Hara Chara) for Gauvansh.

The Gaushalas have already taken necessary steps in advance for protection of Gauvansh from direct sunlight and heat waves O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-19-

in the coming summer season was highlighted and several necessary arrangements like submersible for water facility, Tin shed for Gauvansh and storage of fodder are already done in advance. The information report contained data submitted by each Gaushala and documents are duly signed by the authorised officials of every Gaushalas. A true copy of information report dated 25.02.2023 is annexed herewith and marked as ANNEXURE -- R28.

25.That on dated 25.02.2023 the Chief Veterinary Officer of District Jalaun supplied an information report accentuating that total 40272 Gauvansh are protected in the 386 Gaushalas of 9 blocks of the district (Dakor, Konch, Nadigao, Jalaun, Madhavgad., Mahewa, Rampura, Kadaura, Kuthaud) established in the rural areas of district Jalaun. That the report highlighted the action taken with regards to the protection of Gauvansh in winter weather and arrangements like tinshed facility, fire facility, fodder (bhoosa) facility and also land is being utilized for growing Napier Grass and Barseem within the complex of Gaushalas to make the proper arrangement of green fodder (Hara Chara) for Gauvansh.

The Gaushalas have already taken necessary steps in advance for protection of Gauvansh from direct sunlight and heat waves in the coming summer season was highlighted and several necessary arrangements like submersible for water facility, Tinshed for Gauvansh and storage of fodder are already done in advance. The information report contained data submitted by each Block Development Officer and documents are duly signed by the Block Development Officers of every Block. A true copy of information report dated 25.02.2023 is annexed herewith and marked as ANNEXURE -- R29.

That it is to mention here that in the official capacity the Respondent No. 21 has taken all the necessary steps in compliance of the state notifications and central notifications issued for the protection of Gauvansh and maintenance of Gaushalas/Ashray Sthal in the district Jalaun without fail. The Respondent No. 21 in the official capacity has done multiple sudden inspection visits of the Gaushalas in the district to ensure the proper compliance of the guidelines. It is to mention here that various directions were issued by the respondent no. 21 to ensure the admission of unprotected Gauvansh loitering on the Bundelkhand Expressway in nearby Gaushalas, committees were setup to ensure the quality of fodder and Napier grass in Gaushalas, directions were issued to catch the unprotected Gauvansh under the supervision of higher officials within the city limits and their admissions in the nearby Gaushalas, various orders and notifications were issued for advance preparation of Gaushalas/Ashray Sthal to protect the Gauvansh from cold winter season, directions were issued to the concerned officials for enquiry regarding the complaints highlighted by the common citizens and their timely disposal and also the directions were issued to veterinary officers of the district for regular checkup/medical treatment of the Gauvansh and their timely vaccination. It is also important to mention here that there are no slaughterhouses in the District Jalaun.

The aforementioned information reflects that the Respondent No. 21 in the official capacity has taken all the necessary steps and complied with the guidelines of the government for protection of Gauvansh and regular maintenance of Gaushalas in the District Jalaun."

O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-20-

15. Replies have been filed by CPCB vide email dated 07.07.2023 and UPPCB vide email dated 18.07.2023. In its reply CPCB has mentioned about issuance of guidelines and role of SPCBs/PCCs in enforcement thereof. In its reply UPPCB has mentioned about violations for not obtaining consent from UPPCB and action taken regarding the same.

16. This Tribunal considered the matter on 20.07.2023, referred to CPCB Guidelines and directed that CPCB Guidelines, statutory/environmental norms be complied with and directed the Oversight Committee to examine and monitor the compliance of the order in coordination with UPPCB and Department concerned and to submit the report independently within three months. The relevant part of the order reads as under:-

"9. We are of the view that the guidelines (2021) framed and circulated may be enforced as per the mandate of the statute which will bind the States PCBs/PCCs. Compliance thereof may be monitored by the CPCB. The CPCB may evolve appropriate monitoring mechanism in this regard, including a provision for audit of compliance at least once in six months. With regard to siting policy, at least minimum distance must be specified from habitations, water bodies, etc. as well as inter-se distance of such establishments for protection of environment. Needless to say that any violation of environment norms under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986 has to be dealt with by the concerned PCB/PCC/Local Body by way of stopping polluting activities, recovering compensation and initiating prosecution. It will be appropriate that broad and indicative compensation regime is expressly specified by the CPCB. While local bodies may undertake the exercise of preparing inventory as per applicable Municipal law, the State PCBs/PCCs must also not avoid their responsibility of enforcing the mandate of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.

10. Learned counsel for the applicant has further submitted that the guidelines issued by the CPCB and orders and directions/notifications issued by the Government of Uttar Pradesh had not been strictly complied with and a monitoring mechanism was initiated by the State of UP to monitor compliances of the environmental rules by constituting a Committee known as Oversight Committee, Lucknow consisting one Judicial Member and one Executive/Expert Member from the cadre of retired Chief Secretary or Principal Secretary and the O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-21-

Committee is already functioning and compliances are being monitored and reported to this Tribunal.

12. In the relief clause (F), it has been prayed that the matter of compliance of CPCB guidelines, prevention of Cruelty to Animals, transport of animal's rules, prevention of cruelty to animals (slaughterhouse) rules, etc should be given to this Committee and the Committee will obtain and examine the report submitted by the authorities concerned and will submit the report to the Tribunal for consideration. Accordingly, the Committee headed by (presently Justice SVS Rathore), Oversight Committee, Lucknow is authorized and directed to examine and monitor the compliance of the order in coordination with the PCB and department concerned and to submit the report independently within three months. Committee to continue till further order.

13. Additional Chief Secretary, State of U.P has further submitted that the guidelines issued by the CPCB are strictly followed and government has taken a policy of Goverdhan Yojnaana providing certain state aid and steps are being taken to protect the cows and to take strict action against the smugglers/violator of law. He sought 30 days' time to submit the further action taken report. Further Action Taken Report on equipping and maintaining gaushalas for good health - hygiene and maintaining environment as well as utilizing the stray cattle's for meaningful purposes be filed in six weeks. Personal appearance of officers attended today through VC are exempted."

17. In compliance of order dated 20.07.2023 compliance affidavit was filed by CPCB vide email dated email 18.10.2023 and 12.02.2024 mentioning that CPCB sought status of implementation of the aforesaid Guidelines from the SPCBs/PCCs vide various letters sent by it and has compiled data based on information received from initially 12/subsequently 14 SPCBs/PCCs regarding status of implementation of the aforesaid Guidelines.

18. Action Taken Report has been field by Additional Chief Secretary, Animal Husbandry Department, Uttar Pradesh vide email dated 29.09.2023. The relevant part of the report is reproduced below:-

"ACTION TAKEN REPORT FILED BY ADDITIONAL CHIEF SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, STATE OF UTTAR PRADESH X X X X

2. That the issues raised in this original application are about the conditions of stray cows and how they are dealt with by the authorities in the state. That the applicant has alleged that no due care is provided to the cows in the cattle shed and most of them are dying due to negligence.

O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-22-

It is to mention here that the allegations leveled are not correct, in totality which is evident from the facts and documents mentioned further.

3. That the Deponent has diligently and with true letter and spirit followed the guidelines as prescribed from time to time by the state Government and made various communications to concerned departments for safe upkeep of animals in Go Ashray Sthals.

4. In this backdrop, it is to mention that stray Govansh roaming on roads and fields have become a major issue in the state. That there were various types of disturbances due to stray cows, which being old or unproductive or diseased. are left on roads by their owners. Issues were raised by the farmers regarding crop losses and road accidents and to counter this problem, the state government came up with a notification wherein the state government directed all the concerned authorities to capture the stray cattle and put them in Go Ashray Sthals. True Copy of the notification no. 4324- 37-2-2018- 5(53)/2018 dated 02.01.2019 is hereby annexed as- ANNEXURE-1

5. It is further submitted that conservation of Stray Cattle was taken up with a view to alleviate problems caused due to stray cattle.

5.1 That the policy of establishment and operation of temporary Go Ashray Sthals covering rural and urban local bodies like gram panchayat, kshetra Panchayat, zila panchayat, Nagar Palika, etc. vide G.O. 4324/सेि स-2-2018-5(53)/2018 Dated 02.01.2019 has been implemented, the main aim of which is to provide shelter, maintenance, disease control with vaccination and treatment of conserved stray cattle, castration of male progeny, providing breeding facilities to cows.

5.2 Stray cattle are being properly conserved in Uttar Pradesh including Bundelkhand with establishment of Go Ashray Sthals under MNREGA scheme and Panchayat funds. Activities like plantation of Napier Grass, vermi-composting, NADEP composting (developed by Narayan Deotao Pandharipande), Gobar Gas Plant, manufacturing of Dungwood, manufacturing of Gobar Paint etc. are also being taken up in order to make Go Ashray Sthal self-sustainable.

5.3 Apart from establishment of Go Ashray Sthalas, another scheme namely Mukhya Mantri Sahbhagita Yojna was also launched, under which public participation was motivated for conservation of stray cattle. In this scheme upto 4 govansh could be adopted by any interested person from temporary Go Ashray Sthal. Under this scheme around 125 lakh govansh are adopted by farmers till date.

5.4 In state of U.P. 545 goshalas are registered under U.P. Goshala Adhiniyam, 1964 which are run by NGOs. In these Goshalas weak, old, debilitated, infirm and diseased animals are kept apart from much animals.

5.5 For establishment and management of Go Ashray Mal roles and responsibilities of the concerned departments viz. Pashu Palan, Rajasva, Nagar Vikas, Panchayati Raj etc. have been specified by Government notification 4324/37-2-2018- 5(53)/2018 dated 02.01.2019, in which under para 3.8.3 (b) the work and duties allocated to Department of Animal Husbandry which includes regular Health examination, Treatment, Castration and Vaccination etc. of the conserved cattle. UP Govt. provides Rs 30 per govansh per day as assistance for feed and fodder. The sole object of the policy was to provide shelter to O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-23-

destitute cattle in Go Ashray Sthals and to make arrangement for maintenance of these cattle.

6. Under the chairmanship of Additional Chief Secretary, Animal Husbandry a VC was held on 27.07.2023 where the District Magistrate, Jalaun was instructed to comply with applicable guidelines of CPCB upto 25.08.2023 and get a verification report from all Go Ashray Sthals for basic amenities like shed, water drainage system and dung disposal etc. DM Jalaun was also instructed to constitute a committee in order to get a survey report for water pollution from Engineering college Jhansi or hi Sansthan or any other institution. It is hereby annexed as ANNEXURE 2A A Meeting through VC was held on 03.08.2023 under the chairmanship of Special Secretary, Animal Husbandry to review the instructions given by the ACS, AH dated 27.07.2023 and instructions were given to CDO Jalaun to get verification report of all Go Ashray Sthals from District level officers is hereby annexed as ANNEXURE -2(B).

7. A third meeting through VC was held on 10.08.2023 under the chairmanship of ACS, AH and instructions were given to constitute a committee under the chairmanship of the then Special Secretary, AH Shri Shiv Sahay Awasthi comprising Additional Director Godhan Dr. Jaikesh Kumar Pandey and Additional Director Ayodhya Dr. Arvind Kumar Singh and nominated representative of UPPCB, to frame guidelines regarding environmental standards for Nirashrit Go Ashray Sthal in rural areas in line with the CPCB and ICAR norms for Dairies and Goshalas. It is here by annexed as ANNEXURE - 2(C).

Another meeting was held on dated 14.082023 under chairmanship of Special Secretary AH. It was resolved in the meeting that G0 Ashray Sthals are neither Goshala nor dairy farms and are actually Cattle Welfare Centers without any commercial angle. Goshalas should comply the guidelines of CPCB and ICAR. It is hereby annexed as ANNEXURE -2(D).

8. Fifth meeting through VC was held on 23.08.2023 under the chairmanship of ACS, Ali in which D.M. Jalaun was instructed to get water testing in Go Ashray Sthal for BOD and COD. DM was also instructed to ensure that the gaps in Go Ashray Sthals as per survey reports are taken care of. It is annexed as ANNEXURE -2(E).

9. Subsequently elaborate guidelines regarding environmental management of Go Ashray Sthals in rural areas were framed and issued by Govt. order no. 2104/37-2-2023, Dated 30.08.2023 of the Department of Animal Husbandry. 9.1 The direction with regard to Solid Waste Management states that regular disposal of cow dung should be carried out along with proper cleaning and sanitation, so that in the nearby areas of Go Ashray Sthals, bad odour could be prevented. For this lime spray should be done at regular interval. Composting of leftover fodder, bedding, straw and cow dung must be assured. Leftover fodder and cow dung should not be flown in water channel in any case.

9.2 Vaccine Vials, Medicine kits and Syringes are not stored in these Go Ashray Sthal, but are brought by the VOs from their hospitals as and when needed and the Biomedical waste is carried back to the Veterinary Hospitals to be disposed as per the rules aopplicable therein.

9.3 With regard to effluent Water Management also provisions are available in the guidelines. Urine, floor cleaning and animal O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-24-

bathing water should be stored in a pit and be utilized for irrigation in fodder/crop. The water for floor cleaning should be used judiciously and disposed in a manner, so that it do not pollute underground water.

9.4 With regard to Air Quality Management, sheds must be well ventilated, long axis/length must be cast-west, so that proper humidity is maintained and harmful gases like methane, carbon dioxide, ammonia etc. are not accumulated in the shed. Establishment of Go Ashray Sthal should be at least 100 meters away from any habitation and minimum space between 2 sheds should not be less than 5 meters.

9.5 Plantation in order to make green belt and interlocking floor should also be ensured in every Go Ashray Sthal. Ample arrangements need to be ensured for feeding clean drinking water and light with proper ventilation. Feeding protocol regarding requirement of fodder and concentrate should be followed as per the guidelines of KVK, Animal Husbandry Department and NDDB, is hereby annexed as ANNEXURE -3.

10. That from time to time, VCs were also conducted by the Chief Secretary, in the presence of ACS, Animal Husbandry, with Commissioners and DMs on the issue of Go Ashray Sthal management and conservation of Govansh on 28.06.2023, 26.07.2023, 22.08 2023 and 05.09.2023.

11. It is germane to mention here that the Department of Animal Husbandry herein has complied with all the applicable guidelines, regulations and by-laws regarding environment protection.

11.1 The state has a shortage of green fodder, dry fodder and compounded feed to the extent of 38.28%, 0.66%and 46.98% respectively. The livestock is mainly dependent on green & dry fodder. The area under fodder cultivation is limited to about 8.78 lacs hectares and it is not easy to increase the area under green fodder since an indirect competition exists between fodder production and cereal production for human consumption. The agricultural crop residues mostly are being utilized for animal feeding. Departmental Farms also produce fodder seeds for distribution to the farmers.

11.2 There are programmes run by government for establishment of fodder banks and fodder blockmaking units have been setup in the Bundelkhand Region also for ensuring fodder availability in the region during scarcity.

11.3 A straw collection and fodder bank campaign was carried out between March, 2023 and May, 2023 for the maintenance of conserved destitute cows in the Go Ashray Sthals in the district. That in the district of Jalaun there are total 34,909 conserved stray cattle for which 173470 Kg of straw was collected this year through charity.

11.4 As per DM Jalaun report dated 13.07.2023, most of the Go Ashray Sthals situated in the district were given Napier Grass etc. to feed the stray cattle in the Go Ashray Sthals. Napier Grass is being grown by the Panchayats on different lands (lease. Gram Samaj land etc.) under the direction of CVO (Chief Veterinary Officer). True copy of the status of the fodder in the district Jalaun as on date 13.07.2023 is hereby annexed as ANNEXURE -4.

12. It is submitted that treatment, vaccination, and other disease control activities are undertaken by Veterinary Hospitals and other centers at the village level in districts. The institutional and manpower infrastructure is distributed at district level, regional level, and state level. That vaccination against deadly livestock diseases viz. H.S. (Hemorrhagic Septicemia). F.MD. (Foot and O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-25-

Mouth Disease), L.S.D. (Lumpy Skin Disease) etc. is undertaken by the department. Under GOI assisted NADCP (National Animal Disease Control program) approx. 32,000 stray cows in Jalaun district have been vaccinated for FMD within a specified period of time. True copy of the status report and photographs of vaccination programmes conducted in different Go Ashray Stithl are hereby annexed as ANNEXURE -5.

13. It is further submitted that as per the directions issued by the Animal Husbandry department for enhancement of Go Ashray Sthal and to make them self-sustainable, Chief Veterinary Officer, Jalaun. directed BDOs and VOs of the district to promote and encourage the fanners to practise cow dung based organic farming and directions were issued to District Panchayat Raj Officer to fractionalize the small Gobar Gas plants which are established in the several Go Ashray Sthals. True copy of the letter dated 03.06.2022, 04.11.2022 of Chief Veterinary Officer is hereby annexed as ANNEXURE 4.

14. It is pertinent to mention here that instructions were issued by the District Magistrate, Jalaun regarding the testing of water in rural areas and within 500 meters from each Go Ashray Sthal.

14.1 It is further submitted that upon the directions water testing was conducted by chemist of the Water Testing laboratory. True Copy of the office order dated 27.07.2023 along with test reports of different villages under the direction of Executive Engineer, Jal Nigam is hereby annexed as ANNEXURE -7.

14.2 Water quality of Go Ashray Sthal situated in different villages of block Kadaura, Dakor, Nadigaon, Madhogah, Kathaund, Jalaun, Maheva, Rampura, Konch, was tested. The report revealed that the water in the respective area is not polluted. True Copy of the letter dated 28.07.2023, 19.08.2023. 21.08.2023 of executive engineer to Chief Development Officer regarding the water test report is hereby annexed as ANNEXURE-7(A) 14.3 Water Testing in 54 Go Ashary Sthals was conducted and Water was found unpolluted. BOD, COD testing of water was also conducted in 14 Go Ashray Sthals and COD. BOD of water was found as per norms. Testing reports hereby is annexed as ANNEXURE -7 (B).

15. Currently there are 385 Go Ashray Sthals, which accommodate 32645 Govansh in Jalaun district. For ensuring shade to Govansh and for green coverage, 4191 trees have been planted along with arrangements for green fodder with sowing of Napier and other grasses in 186 hectares of land in the district. Separate pits have been made for composting of cow dung and wine storage. No waste as such is discharged as effluent to any river or Nala.

16. It is pertinent to mention here that the matter of temporary Nirashrit Go Ashray Sthal in rural areas was referred to the State Pollution Control Board also. The board through its letter No.- H00683/1h & 2 @MSW-23/23, dated 13.09.2023 mentioned that Go Ashray Sthals are temporary shelters which are removable and are not a commercial establishment. Majority of Go Ashray Sthals accommodate less than 200 cows and are maintained as welfare centers with De-minimis cow livelihood facilities. Minimal Bio Waste is produced in these Go Ashray Sthals and most of the bio waste is composted to produce organic manure. Further SPCB is of the view that these Go Ashray Sthals are not covered under classification of Dairy Farm and Goshala. Preliminary laboratory investigation also reveals that their O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-26-

environmental impact is negligible. Accordingly SPCB have referred the matter to CPCB that establishment of Nirashrit Govansh Ashray Sthals in rural areas need to be exempted from taking pollution clearance from SPCB, is hereby annexed as ANNEXURE- 8.

17. Department of Animal Husbandry has requested the department of Urban Development to issue environmental guidelines for "Kanha Goshalas and Temporary Go Ashray Sthals" in urban areas through letter no. 2115/37-2-2023 dated 30-08-2023 for compliance of CPCB guidelines, which is hereby annexed as ANNEXURE -9.

18. That it is notable that the State government is in the process to hike the feed and fodder allowance from Rs. 30 per Govansh per day to Rs. 50 per Govansh per day so that conserved Govansh can get extra nutrition. This hike will also be applicable to Mukhyamantri Said bagful Yojana...."

19. Report dated 30.11.2023 has been filed by the Oversight Committee vide email dated 30.11.2023. In its report the Oversight Committee has mentioned that in its meeting on 06.09.2023 with the concerned Administrative Officers responsible for the supervision and proper management of the Gaushalas in the District, the Chief Development Officer (CDO) presented a highly satisfactory status of the management of Gaushalas before it by informing that in total, there are 574 Village Panchayats in District Jalaun and 410 Temporary & Permanent Govansh Ashray Sthals (referred to as Gaushalas in the report) of different kinds housing 34909 bovines, whose details are given below :

       S. Types of Gaushalas        No. of        Number of bovines
      No.                          Gaushalas
      1       Temporary              377                30818

       2        Permanent               8                1827

       3          Kanha                 7                1946

       4       Kanji House             18                 318

                   Total              410               34909


      (i)    In all the Gaushalas, in total 5227 plants have been
      planted.

(ii) In 383 Gaushalas, Napier grass is grown on an area of 88.428 hectares and on an area of 98.563 hectares Barseem and other green fodder have been sown (Annexures-3 and 4). O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-27-

(iii) In all the Gaushalas, inside and outside the sheds, there is Kharanja and sufficient unpaved space available for bovines to roam around.

(iv) In all the Gaushalas, sufficient numbers of caretakers have been engaged; they clean the Gaushalas three times a day i.e. in the morning, noon and evening.

(v) In Gaushalas, pits have been dug for the collection, composting and disposal of cow dung. Instructions have been issued to all the Block Development Officers (BDOs) for the construction of urine pits and the work has also started at some places.

(vi) In none of the Gaushalas, cow dung, urine and waste fodder, or any type of bovine waste is discharged in any river or drain; hence there is no possibility of pollution of river water. Also, none of these is being discharged in any drain or sewer; hence there is no possibility of any drain or sewer getting choked or causing water pollution.

(vii) 82 nodal officers from different departments of the Government inspect all the Gaushalas of the district twice every month on a regular basis. They also record their observations in the inspection register kept at the Gaushala for ensuring compliance of the statutory and Government directions and guide them to undertake this important work in a better way.

(viii) It was informed that during the Financial Year 2022-23, the Government provided a grant of Rs. 107.50 crore for the construction of shelters and Rs. 12.77 crore for fodder. The Village Panchayats contributed Rs. 37.65 lakhs for infrastructure and Rs. 5.03 crores for the salary of the Gopalaks. Besides, the Animal Husbandry department at the district level provides full medical support including medicines, vaccines, etc. to these Gaushalas on priority.

(ix) The awareness campaign for the preservation and maintenance of the bovines in an environmental friendly way is being carried out through Chaupals being held in all 574 Village Panchayats every Friday. In 03 Gaushalas, namely, Chamari, Muhana and Kanha Gaushala Jalaun, biogas plants have been established.

(x) Till last financial year, the ear-tagging of 100% bovines was done. However, as per the present instructions of the Government, all the stray bovines are to be brought into the Gaushalas. The ear-tagging work is going on.

(xi) All 07 Kanha Gaushalas have applied for NOC from the UPPCB, out of which 06 Kanha Gaushalas have been granted NOC and the remaining one is in process."

20. After the meeting, a field inspection was undertaken by the Oversight Committee but because of heavy rains, only one Gaushala could be inspected. Thereafter the second visit was made on 19.09.2023 in which 04 Gaushalas were inspected. Lastly, the Oversight Committee made inspections continuously for three days i.e. on 24.09.2023, 25.09.2023 and 26.09.2023 in two teams-one headed by the Chairman (Justice SVS Rathore) and the other headed by the Member (Anant Kumar Singh). The O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-28-

Committee tried to cover some of the Gaushalas of each Block of district Jalaun. Following table shows the Blocks, the number of different types of Gaushalas established there and inspected by the Committee:

S.No. Name of Total no./type No./type of Visited Gaushalas Blocks of (Inspection Report shown as Gaushalas Annexures)

1. Kaduara Permanent- 02 Temporary- 07 Temporary- 45 Matra (Annexure-6) Kanha Gaushala- 01 Mawai Brahman (Annexure-7) Kanji House- 05 Garrehi (Annexure-8) Udanpur (Annexure-9) Kushmara Bawni (Annexure-10) Baagi (Annexure-11) Khutmili (Annexure-12) Kanha Gaushala- 01 . Kanha Gaushala, Kadaura (Annexure-13) 2 Rampura Permanent- 01 Temporary- 03 Temporary- 19 Kanha Gaushala- Mae (Annexure-21) 02 Jaaigha (Annexure-22) Hamirpura (Annexure-23) 3 Kuthaund Temporary- 33 Temporary- 03 Eton (Annexure-24) Kanji House-02 Madaripur (Annexure-25) Bastepur (Annexure-26) 4 Nadigaon Permanent- 02 Temporary- 04 Temporary- 48 Kanasi (Annexure-36) Kanha Gaushala- Akniwa (Annexure-37) 01 Lohai (Annexure-38) Ghilor (Annexure-39) Kanji House- 02

5 Dakor Permanent- 02 Temporary- 02 Temporary- 63 Dhaguakalan (Annexure-5) Kanha Gaushala- 01 Bhuwa (Annexure-46) Kanji House- 03 Kanji House- 01 Kanji House, Ait (Annexure-47) 6 Maheva Temporary- 51 Temporary- 07 Kanji House- 01 Nagar Palika Parishad, Kalpi (Annexure-14) Jeetamau (Annexure-15) Maddeya (Annexure-16) Malthua (Annexure-17) Khadgui (Annexure-18) Nyamatpur (Annexure-19) Urkarakalan (Annexure-20) O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

                              -29-

      7   Madhogarh   Temporary- 20      Temporary- 06
                      Kanji House- 02    Ramhetpura (Annexure-27)
                                          Chitaura (Annexure-28)
                                          Kursenda (Annexure-29)
                                         Padkula (Annexure-30)
                                         Sarawan (Annexure-31)
                                         Nagar Panchayat, Madhogarh
                                         (Annexure-32)

      8   Jalaun      Permanent- 01      Temporary- 02
                      Temporary- 38      Chhiriya Salempur (Annexure-33)
                      Kanha Gaushala- 01 Bhitara (Annexure-34)
                      Kanji House- 01    Kanha Gaushala- 01
                                         Kanha Gaushala,        Jalaun
                                         (Annexure-35)
      9   Konch       Temporary- 60      Kanha Gaushala-01

Kanha Gaushala- 01 Kanha Gaushala, Konch (Annexure-40) Kanji House- 02 Temporary- 05 Sunaya (Annexure-41) Nari (Annexure-42) Jamrohi Kalan (Annexure-43) Kaushalpur (Annexure-44) Pindari (Annexure-45) Total Permanent- 08 Permanent- 00 Temporary- 377 Temporary- 39 Kanha Gaushala- 07 Kanha Gaushala- 03 Kanji House- 18 Kanji House- 01 Grand Total- 410 Total- 43 Total

21. Separate Reports of each inspected Gaushala have been prepared along with photographs and relevant documents and have been enclosed with the main report in which the Oversight Committee has made the following observations and recommendations:-

"7. OBSERVATIONS OF THE OVERSIGHT COMMITTEE During the inspection of 43 Gaushalas of all types i.e. Temporary/Permanent Govansh Ashray Sthals/Kanha Gaushalas/Kanji Houses, the Oversight Committee observed the following:

GAUSHALA COMPLIANT WITH NORMS:

i. Only one Kanha Gaushala of Block-Jalaun is being maintained in a very systematic and proper manner meeting all the standards prescribed by various authorities the details of which can be referred in Annexure-35. Besides using the waste products of the bovines for traditional composting, it has facilities for the production of biogas, fuel cake and vermicomposting. Its record- keeping is also proper and up-to-date. As all other Gaushalas of all types were found deficient in their compliance of prescribed environmental norms and GOs, this report will hereinafter O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-30-

discuss them in respect of the remaining 42 Gaushalas only excluding this Kanha Gaushala, Jalaun.

NON-COMPLIANT GAUSHALAS:

NON- FUNCTIONAL ONES ii. Although the remaining 42 Temporary/Permanent Govansh Ashray Sthal/Kanha Gaushala/Kanji House (to be referred hereinafter as Gaushalas) have been shown on papers as operational for the last 04 years, but to the surprise of the Oversight Committee, the one at Mawai Brahman of Block- Kadaura was found to be non-existent on the ground. Only a piece of land with iron net fencing was there. There was no trace of bovine living there, such as feeding and drinking troughs, drinking water source, shed, safe storage place for stock of Bhoosa, green fodder, grains, etc. For details, Annexure-7 may be referred.

Similarly, at Khutmili, Block-Kadaura, although at the time of inspection, 08 bovines were seen grazing inside but non- matching of their ear-tag numbers with that recorded in the Tagging Register, no trace of bhoosa and green fodder in the trough and at the site, lack of adequate facilities for feeding, drinking water, shelter, fodder storage and inconsistent entries in records maintained by different officials and the statement of the representative of the Pradhan left no room in the minds of the Committee that this Gaushala is actually non-functional. Inspection report of Khutmili, Block-Kadaura annexed with this report as Annexure-12 may be referred for details. The actual functioning of 02 Gaushalas, viz. Eton, Block- Kuthaund and Lohai, Block-Nadigaon are also doubtful on account of the facts mentioned in the detailed inspection reports of the respective Gaushalas enclosed as Annexures -24 & 38. GENERAL UPKEEP AND WASTE MANAGEMENT:

iii. In the meeting held on 06.09.2023 at the district headquarters, it was informed that the Gaushalas are cleaned three times daily i.e. in the morning, noon and evening but the general upkeep of all the remaining 42 Gaushalas was very poor. At some places, cleaning was being done at the time of inspection by more number of persons than actually employed in the Gaushalas for regular services. At 17 Gaushalas (Lohai, Dhagua Kalan, Jeetamau, Khadgui, Malthua, Nyamatpur, Ramhetpura, Chitaura, Kursenda, Padkula, Bhitara, Sunaya, Nari, Jamrohi Kalan, Kaushalpur, Pindari and Mawai Brahman) the pucca floors of the tin sheds and outside were having 1/2 to 1-inch dry crust of dung. Cleaning of the Gaushala even on weekly basis seemed doubtful.

iv. In 32 Gaushalas viz. Udanpur, Ghilor, Kanasi, Jaaigha, Bastepur, Akniwa, Mae, Khutmili, Lohai, Baagi, Kanha Gaushala-Kadaura, Eton, Madaripur, Dhaguakalan, Matra, Garrehi, Nagar Palika Parishad-Kalpi, Jeetamau, Malthua, Khadgui, Urkara Kalan, Chitaura, Kursenda, Padkula, Sarawan, Nagar Panchayat-Madhogarh, Chhiriya Salempur, Kanha Gaushala-Konch, Sunaya, Jamrohi Kalan, Kaushalpur and Bhuwa, pucca compost pits for disposal of cow dung have been constructed, but in spite of that the same were not in use. Cow dung was being collected at almost all the places in the open within the Gaushala or at a place close to the Gaushala and the pucca compost pits were lying dry or were filled with other waste materials. Everywhere it was stated that the dung is being used for manure purposes only, therefore, constructing pucca pits is a wasteful expenditure and destructive of the environment. In the remaining Gaushalas, it is collected in open areas haphazardly. O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-31-

The inappropriate disposal of cow dung is causing foul smell and polluting the environment.

v. In all 42 Gaushalas, there was no proper arrangement for collection and disposal of urine and wastewater. 13 Gaushalas viz. Mae, Bastepur, Udanpur, Kushmara Bawni, Khutmili, Kanha Gaushala-Kadaura, Matra, Garrehi, Sunaya, Jeetamau, Malthua, Khadgui and Kanha Gaushala-Konch have pucca soakpits but due to poor drainage they are disfunctional. 03 Gaushalas viz. Ghilor, Akniwa and Hamirpura have kaccha soakpits. As there was no plan to use the urine for any definite purpose except composting, urine stored in the pucca soakpits was proving more polluting. Mostly they were not being used due to poor drainage but at one or two places where they were being used, they were creating an environmental problem by spreading intense foul smell and also delaying its biodegradation. vi. Solid and liquid waste of Madaripur, Block-Kuthaund Gaushala was found to be draining towards the water-logged area within the Gaushala premises, which was directly connected with the pond of the village and was also surrounded by the Abadi. Four other Gaushalas, viz. Dhaguakalan-Dakor, Udanpur, Kusumara Bawni and Kanha Gaushala, Kadaura were discharging their liquid waste into public drains which were joining water bodies at some distance. In spite of this, the Oversight Committee was informed in the meeting dated 06.09.2023 held at district headquarters that there is no such discharge in any water body.

IMPROPER SITE SELECTION:

vii. 25 of the 42 Gaushalas, viz. Udanpur, Ghilor, Kanasi, Jaaigha, Akniwa, Mae, Kushmara Bawni, Hamirpura, Madaripur, Dhaguakalan, Matra, Mawai Brahman, Garrehi, Nagar Palika Parishad-Kalpi, Kanha Gaushala- Konch, Malthua, Urkara Kalan, Chitaura, Kursenda, Nagar Panchayat- Madhogarh, Sunaya, Jamrohi Kalan, Pindari, Kanji House-Ait and Bhuwa, have been established within 100 meters of the inhabited area, which is against the prescribed norms. viii. The locations of 19 Gaushalas, viz. Dhaguakalan, Mawai Brahman, Garrehi, Nagar Palika Parishad-Kalpi, Jeeteamau, Maddeya, Malthua, Khadgui, Ramhetpura, Chitaura, Kursenda, Padkula, Nagar Panchayat-Madhogarh, Sunaya, Nari, Jamrohi Kalan, Kaushalpur, Pindari and Madaripur are absolutely inappropriate as they have been established in water-logging area or near a water body. At the time of inspection, 03 Gaushalas viz. Nari & Jamrohi Kalan of the Block-Konch and Ramhetupura of the Block-Madhogarh were in knee-deep water. There was absolutely no way to go inside the Gaushala leave alone reaching the bovines to verify facts. Cow dung and urine were mixing with the logged water causing pollution. Health of bovines in these Gaushalas was really bad and bovines were having mud on their bodies. Having regard to the prevailing conditions here, the Oversight Committee is of the view that these Gaushalas actually do not function during rainy season. Due to inspection the bovines have been brought here. These Gaushalas are running for last 3-4 years and in spite of that, no effort has been made to raise the ground level of these Gaushalas or to shift the same to some higher places. It was told that every year this situation is repeated but no solution has been found. It appears that the officers responsible for selecting the site for establishing Gaushalas have not taken the desired interest in selecting the sites.

O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-32-

ix. The Oversight Committee inspected the Maddeya Gaushalas of Block-Mahewa where it was extremely difficult to reach even by a jeep. Motorcycle was used to reach there. The condition of this Gaushala situated in such a remote area was not as bad as others located at easily accessible places (Annexure-16).

INADEQUATE INFRASTRUCTURE x. Out of 42 Gaushalas, only 04 Gaushalas viz. Jeetamau, Khadgui, Kursenda and Nagar Panchayat-Madhogarh have sufficient space for bovines as per the prescribed norms. Only 09 Gaushalas, viz. Matra, Malthua, Khadgui, Udanpur, Baagi, Chaitaura, Kursenda, Hamirpura and Bastepur have sufficient feeding place (Charni) to cater fodder to all bovines sheltered there. 36 Gaushalas (excluding Matra, Mawai Brahman, Maddeya, Jamrohi Kalan and Eton) have brick soling under their tin-sheds.

xi. During the inspection, the Oversight Committee found that same feeding troughs were being used for all types of bovines. There was no separate trough for weak, young or very old bovines. Even at Kanha Gaushala, Kadaura where shades are earmarked for different categories of bovines, they were found rushing to a nearby shed for eating and nobody was there to guide them to the earmarked shed. Since the number of bovines in each Gaushala is more than its feeding capacity, the weak, very old and young bovines are unable to reach the troughs unless the strong ones vacate the place after eating to their satisfaction. As a result, the vulnerable bovines do not get sufficient feed.

In none of the 42 Gaushalas, a separate shed for sick bovines was found. However, the caretakers informed that these sick animals are kept on one side of the same shed, but it does not serve the purpose.

xii. The Oversight Committee found that in 17 Gaushalas, viz. Kanasi, Akniwa, Dhaguakalan, Mawai Brahman, Garrehi, Nagar Palika Parishad-Kalpi, Ramhetpura, Chitaura, Kursenda, Nagar Panchayat-Madhogarh, Bhitara, Sunaya, Nari, Jamrohi Kalan, Kaushalpur, Pindari and Kanji House-Ait, no Inspection Register was maintained. At Dhaguakalan Gaushala, there was only one inspection note in the Inspection Register recorded on 08.08.2023 stating in two lines that everything was found in order. Details may be seen at Annexure-5. Wherever the Inspection Register was maintained, it was found that the inspection notes were short, cryptic and perfunctory in nature.

These notes also contradicted the entries made in various registers maintained at the Gaushala. It was also observed that certain directions have been issued by the authorities, but there is nothing to show that in subsequent inspection any effort was made to ensure that earlier directions have been complied with. This type of inspection and inspection reports make the inspection useless and defeat the very purpose of it. In the teeth of the above observed facts, during our meeting with district level officers on 06.09.2023, it was informed that "82 nodal officers from different departments of the Government inspect all the Gaushalas of the district twice every month on a regular basis. They also record their observations in the inspection register kept at the Gaushala for ensuring compliance of the statutory and Government directions and guide them to undertake this important work in a better way."

FEED AND FODDER:

O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-33-

xiii. It was informed in the meeting dated 06.09.2023 that 383 Gaushalas have grown Napier Grass covering an area of 88.428 hectares and Barseem and other green fodder on an area of 98.563 hectares, but at none of the Gaushala, the Oversight Committee found the Bhoosa mixed with green fodder being fed to the bovine or it lying anywhere in the premises. Only oral information was given by the Gopalaks or the officials in some Gaushalas that they are being grown at private land taken on rent at some other place but no entry was found in records about expenditure made on growing or purchasing the green fodder or issuing green fodder for feeding bovines as was being done in case of bhoosa in the Stock Register.

xiv. G.O. dated 02.01.2019 envisages that the bovine sheltered at the Gaushalas will get proper diet and medical care including vaccination for various diseases. But almost at all the functional Gaushalas only 4 kg or less of Bhoosa has been reported being fed to the bovines without green fodder, grains and supplements. At Lohai Gaushala of Block-Nadigaon, the bovines were dependent totally on grazing of green grass in the field only which was very clear from the colour of the dung. There was no trace of feeding Bhoosa to the bovine at this Gaushala (Annexure-38). On the contrary, the submerged Jamrohi Kalan Gaushala of the Block-Konch, there were only 25 bovines, but per day more than 03 quintals of Bhoosa was being shown as consumed in the Stock Register.

xv. G.O.s dated 04.05.2022, 20.05.2022, 03.03.2023 and 18.04.2023 provide for collection and preservation of Bhoosa for the maintenance of bovines. During the inspection, the villagers made a complaint about rotten bhoosa being given in the feed of bovines and only due to inspection, fresh bhoosa has been kept in the charni. Rotten bhoosa was found in Bhoosa Ghar in some of the Gaushalas, such as Dhaguakalan, Dakor, Kursenda and Madhogarh. At one place we saw rotten bhoosa for feeding was lying in the open partly covered with a plastic sheet. EAR TAGGING:

xvi. GOs provide that all the bovines brought to the Gaushalas should be ear tagged at the earliest as the financial grant is dependent on the number of ear tagged bovines. The Oversight Committee verified the availability of tags on the ears of bovines and to its surprise in only 01 Gaushala (i.e. Kanji House- Ait), all the bovines were ear tagged. In Dhaguakalan Gaushala, which the Committee visited the first, only 05 male bovines were tagged against 86 bovines present in the Gaushala. 71 bovines were shown as tagged in the Tagging Register. The Veterinary Officer admitted that he prepared this register recently before this inspection. At every other place, the situation was more or less the same with huge variations in numbers.

xvii. In 33 Gaushalas, the hurriedly prepared Tagging Register did not mention the date of tagging. 09 Gaushalas (Nagar Palika Paraishad-Kalpi, Kursenda, Sarawan, Pindari, Bastepur, Jaaigha, Kanha Gaushala-Kadaura, Kanasi and Madaripur) did mention/show the date of ear tagging in some manner but the incredibility of their entries could be established on asking relevant questions in front of all. In order to give a glimpse of the level of manipulation in Tagging Registers, the inspection report of Bastepur Gaushala of the Block-Kuthaund (Annexure-26) may be referred. At this Gaushala, the Tagging Register does not have a regular column to mention the date of tagging of a particular bovine. The date of tagging has been mentioned in the column "Tagging Number" apparently as a subsequent entry. Similarly, O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-34-

the date of death has been mentioned in the column "Tagging Serial Number" but the fact of death is mentioned in the "Remark" Column. According to this register, 02 bovines having died on 10.04.2023 and 14.04.2023 respectively but they have been shown to have been tagged on 18.04.2023. Further, there were only 78 bovines at this Gaushala between 01.04.2023 to 18.04.2023, but 83 bovines are shown to have been ear tagged.

xviii. The Oversight Committee also matched the ear tag numbers of few of the bovines with those mentioned in the Tagging Registers in about 12 Gaushalas. In 07 Gaushalas, not a single tag of the bovine could be matched with the number entered in the Tagging Register. Only in 04 of these Gaushalas, the tag numbers of bovines matched. This gives credence to the complaint that actually less number of bovines are kept in the Gaushalas but large numbers of bovines are shown on papers to receive higher grants from the Government and at the time of inspection some bovines are brought from outside to meet the number mentioned in the records of the Gaushala. The Oversight Committee also observed that the non-matching ear tags were of the healthier bovines in the Gaushalas suggesting that the health of the bovines of the Gaushala is poorer than the imported bovines. It was impossible for the Oversight Committee to verify all the numbers of ear-tags of bovines present in Gaushalas because of poor and incredible way of record keeping. Therefore, after doing the sample check and finding a definite pattern, it did not waste further time on such verification.

xix. Tagging Register is the backbone of the functioning of Gaushalas but it has been maintained in the most shabby and irresponsible way by the concerned local officials of the Animal Husbandry Department and not at all supervised and verified by the Supervisory Officers. Everyone was found having his own way of maintaining the records in a thin notebook type of register contradicting their own entries and entries made in other registers of the Gaushalas. On interrogation in front of everyone present, quite few of them admitted that the records had been prepared recently in a hurry. After having inspected 42 such Gaushalas, it is the firm conviction of the Committee that no effort has been made to maintain the Tagging Registers in a proper way. It has been disclosed in detail in all the inspection reports forming part of this Report.

MEDICAL SERVICES:

xx. No First Aid Kit was available in 40 out of 42 Gaushalas. Kanha Gaushala-Kaduara also had the temporary office of the Veterinary Officer with sufficient medicines in stock in its campus. Kushmara Bawni Gaushala-Kadaura had a First Aid Kit with very little medicines. During the inspection, almost everywhere it was stated by the Veterinary Officers that the vaccination of HS and LSD has been given to all eligible bovines, but only at 25 Gaushalas, viz. Kanasi, Jaaigha, Mae, Hamirpura, Lohai, Baagi, Kanha Gaushala-Kadaura, Eton, Dhagua Kalan, Nagar Palika Parishad-Kalpi, Kanha Gaushala-Konch, Malthua, Khadgui, Ramhetpura, Kursenda, Padkula, Sarawan, Nagar Panchayat-Madhogarh, Chhiriya Salempur, Bhitara, Sunaya, Nari, Kaushalpur, Pindari and Bhuwa, some formal or informal records were shown. In 17 Gaushalas, viz. Kanasi, Jaaigha, Mae, Hamirpura, Lohai, Kanha Gaushala-Kadaura, Garrehi, Kanha Gaushala-Konch, Padkula, Sarawan, Bhitara, Sunaya, Nari, Kaushalpur, Pindari, Chitaura and Kanji House-Ait, deworming of the bovines have been reported as either having been done or to be done in near future.

O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-35-

xxi. Details about giving medical services to the bovines were found recorded in the Treatment Registers of the Gaushalas kept with the Livestock Extension Officers (LEO). It was told by the LEO and the Veterinary Officer (VO) that as and when informed by the Gaushalas, the medical services are provided as soon as possible. Considering the assignment of a large number of Gaushalas to one worker and various types of inconsistencies found in the Treatment Register and the Inspection Register makes the Oversight Committee believe that entries made in the Treatment Register are doubtful.

xxii. In none of the Gaushalas, any handling area was found on the site much less the area provided in the guidelines. xxiii. In 06 of the 42 Gaushalas, it was told by the Gopalaks that the bovines were being given some bath but this fact could not be ascertained during inspection. In all other Gaushala, the bovines are not given baths in spite of clear prescription in the guidelines and the facility of a submersible pump in the Gaushala.

xxiv. As often informed during inspection, each LEO has been made incharge of an unmanageable number of Gaushalas. One, Shri Devendra Kumar Kushwaha told that he is incharge of more than 30 Gaushalas, therefore, he is not able to do justice to the task. Even in normal course, one LEO is looking after about 10 Gaushalas. At 03 Gaushalas (Kaushalpur, Sunaya and Nari Gaushalas of the Block-Konch), the Gopalaks were not able to recognize the LEO or the VO. In the presence of the Veterinary Officer, one Gopalak said that on the death of bovines, immediately information is given to the Veterinary Officer but nobody comes. The Veterinary Officer explained that he had to visit 58 Gaushalas under his charge, so it was not possible for him to visit every Gaushala frequently or immediately on receiving the call. But, it is a hard fact that post-death formalities are not being carried out and recorded properly. In a nutshell, because of allotment of an unmanageable number of Gaushalas to the LEOs and the Veterinary Officer, the health service to the bovines of the Gaushalas is suffering.

CONCEALMENT OF DEATH:

xxv. As regards the death of bovines, during the inspection the villagers informed that a large number of bovines had expired during the last winter, but from the records, this fact could not be substantiated.

The villagers insisted that the death of bovines is being concealed. At Mae Gaushala, Block-Rampura (Annexure-21), one tractor owner informed the Oversight Committee that for 30 days his tractor was engaged in transporting fodder to Gaushala and for 30 days it was used to transport 30 dead cattle, but he has not been paid for that. In the record, there was no such mention to support his version. On investigation before the public, the representative of Pradhan admitted the above facts and promised to pay the balance amount.

Further, In Jaigha Gaushala, Block-Rampura, according to the Tagging Register, a total of 187 bovines were tagged. 16 of them were handed over to the volunteers for rearing under the People's Participation Scheme whose details are properly maintained in the Register. So, at the time of inspection, 171 tagged bovines should have been there but there were only 87 such bovines. No explanation was given for the missing bovines in such a large number.

At the time of inspection of Kanha Gaushala, Kadaura, letters written by the VO, Kadaura to the Executive officer and the CVO O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-36-

about large number of missing bovines were presentd to us which were given to the CVO for giving his comments but no comments have been received.

Besides the above, mismatch in the statements of the Gopalaks, Pradhan and village level functionaries, and various entries in the Tagging Register, Govansh Count Register, Bhoosa Stock Register etc. compels the Oversight Committee to take a view that deaths of bovines are being concealed. In some places, in the Govansh Count Register only an entry of "Mrit" was made, but there was no corresponding record maintained by the Veterinary Officer to show that which is mandatory.

IMPROPER MAINTENANCE OF RECORDS:

xxvi. None of the 42 Gaushalas was found satisfactory in its record-keeping. There was no uniformity in the maintenance of records in these Gaushala and most of them were following their own formats with respect to these records. They are not kept on the basis of daily transactions as a matter of routine but they were found to have been prepared in a hurry for the sake of inspection of this Committee only in different types of note books. xxvii. As per the entries made in the Cash Book of Gaushala at village Udanpur, Block-Kadaura, same cheque (No. 482286 dated 04.08.2023) has been shown to have been issued to two different persons, namely, Kamlesh, son of Hari Narain and Suresh Kumar (father's name not mentioned). On this date, two bearer cheques each have been shown to have been issued to both the above recipients, each being below Rs. 20,000/-. The counterfoil of the cheque book was not produced. No reasons for not issuing a single cheque to each of them and how the same cheque could be issued to two persons was given by the officials. Their silence clearly suggested that the record had been prepared in a hurry, just before the inspection and payments were being made through bearer cheques of value less than Rs. 20,000/- to keep complete control on the money withdrawn by the bearer. Similar anomalies were found in the Cash/Account Books of other Gaushalas also. In later phase of inspection, they adopted the strategy to state to the Oversight Committee that no Cash Book has been prepared so far in this financial year. It is pertinent to mention that it is a permanent running record. xxviii. In Kanha Gaushala, Kadaura, evidence was produced by the representative of the petitioner that an amount of Rs.2,29,902/- was paid in the bank account of Shri Bharat Prajapati, who is an employee of the Nagar Palika, showing it to be the payment towards the supply of Bhoosa. The Executive Officer, Nagar Palika and other officials admitted this transaction and extended the clarification that Shri Singh had purchased bhoosa from a large number of farmers when the contractor stopped the supply, therefore, payment was made to him, who in turn paid it to farmers. They had no answer to the query that why the payment was not made into the bank account of the farmers when all of them have an account. During debriefing session, the District Magistrate informed that the complaint has been found to be correct prima facie. He is going to take action against the persons responsible for it. This incident along with the anomalies found in the Cash-Book of Udanpur Gaushala and others and non-presentation of Cash-Book by large number of Gaushalas clearly suggest that the fund meant for purchasing diets for the bovines is being misused in different ways. xxix. The reason, generally stated, for not producing the record or producing a record having entries of the past few months only by the Gram Vikas/Panchayat Adhikari or the Livestock O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-37-

Extension Officer (LEO) or the Veterinary Officer was that their predecessors did not give him the old records while handing over the charge. It may be correct in few cases but largely it was a ploy to avoid scrutiny because actually they are not being maintained properly. "Cash-Book was not handed over to him", was the claim made by the Village Panchayat Adhikari, Incharge of Jaigha Gaushala, Block Nadeegaon but the charge memo produced by him clearly showed at serial number-4 that he had received it. Specific arrangements should be made to ensure that the predecessor is relieved by the controlling officer only if the successor gives a certificate that the former has handed over all the records pertaining to the Gaushalas under his charge to the latter.

xxx. Normally, cattle are fed at a particular time every day but, at all 42 Gaushalas, the Committee inspected, it found that the cattle were being fed whether it was morning time or afternoon or late evening. It was felt that large number of cattle brought from outside could not have stayed inside without the allurement of the feed at the time of inspection. Bringing cattle from outside at the time of inspection to match the number recorded in the Head Count Register do suggest that more fund is being claimed from the Government than the actual entitlement on the basis of bovines actually staying in the Gaushala. Green fodder, grains and supplements were missing in the feeding troughs and also in the stores, Stock Registers and Account Books, yet it was claimed that green fodder was being fed by purchasing from the market or growing it on rented lands.

xxxi. Various inconsistencies in different registers and statements made by the Gopalaks, Pradhans, village level functionaries and the payments to the suppliers without making entries in the Cash-Books and Account Books do point out towards the misuse of the Government funds meant for this purpose. It requires a deeper probe into the matter by a specialised agency.

NON-COMPLIANCE OF GOVERNMENT ORDERS (GOs):

xxxii. In order to make the Gaushalas self-sustainable, the policy GO dated 02.01.2019 envisages the production of biogas, compost/vermicompost, soap, incense sticks, mosquito repellant, gonile (phenyl from bovine urine) etc. from Panchgavya in collaboration with UP State Bio-energy Board, Khadi and Village Industry Department, MSME Department, Skill Development Mission, RD Department, Horticulture Department etc. and their marketing. It also lists cow dung and urine based economic activities, such as bio-farming, bio-horticulture and making flower pots, fire cakes, pesticides etc. for eco-friendly existence of the Gaushalas, but in practice, cow dung is collected in the premises in haphazard way and is sold/donated to farmers before the start of every cropping season. Other possible uses of cow dung, urine and wastewater have not been attempted. In fact, they are not being used even for composting in a scientific manner. There is a need to dispose the cow dung, urine and wastewater in a scientific and eco-friendly manner in kuccha compost pits until an alternative use of the cow dung and urine is planned. Proceeds of this should be utilized as income and spent on the maintenance of the bovines as stipulated in the GO.

xxxiii. Although it is provided in the GO that 2% of the proceeds of Mandi fee, cess on excise duty, 0.5% of the profit which State Public Sector undertakes to use in the form of their Corporate Social Responsibility (CSR) and "cow welfare cess" imposed by O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-38-

the UP Expressways and Industrial Development Authority (UPEIDA) would be utilized for the maintenance of these Gaushalas, but as per the information furnished by the district level officers in the meeting held on 06.09.2023, they are not getting any fund from these sources. Infrastructure is being created through the funds available in MNREGA, honorarium of Gopalaks is coming from Gram Nidhi and, maintenance grant of Rs. 30/- (not enhanced to Rs. 50) per bovine for fodder, etc. and medical facilities are coming from the budget of the Animal Husbandry Department. No contribution either in cash or kind has been received till now from charity-oriented individuals or institutions. At village level, sometimes some farmers do contribute Bhoosa in small quantity but we found its mention in records at 02 Gaushalas only.

xxxiv. Almost all the concerned officers of the Gaushala complained that they cannot afford to feed the bovine properly within the limits of Government grant of Rs. 30/- (now enhanced to Rs. 50/-) per bovine during the lean season due to very high market price. Although GOs dated 08.08.2019 (Annexure-50) and 12.09.2020 (Annexure-51) provide for encouraging public participation for the management of the Gaushalas in the districts and also encouraging them to adopt bovines for rearing them under the Govansh Sahbhagita Yojna, which also entitles them for the daily diet grant from the Government. During our discussion with officials and the general public, this also came to light that very little assistance comes either in cash or kind from charity minded public or institutions. Very few people have adopted bovines for rearing.

xxxv. GOs dated 03.08.2022 (Annexure-57), 04.01.2023 (Annexure-59) and 18.01.2023 (Annexure-60) provide that every Block will purchase a cattle-catcher on priority which will be utilized for immediate transportation of stray cattle on receiving information but this arrangement is not found functioning in the district. Stray cattle were seen roaming around and sitting by the roadside all over in the urban areas of the district. xxxvi. Gaushalas have been established across the State of U.P. to keep the unclaimed and stray bovines inside so that it does not damage the standing crop of the farmers in the field. Considering the special condition of the Bundelkhand region, the Government vide G.O. dated 12.06.2023 permitted grazing and roaming of cattle in open fields till June end. However, they were being let out for grazing even in the month of September, at the time of inspection by the Committee. There was a general complaint from the public that all stray cattle have not been brought inside the Gaushalas and cattle inside Gaushalas are also let out in the open. We also noticed good number of stray cattle in the urban areas on roads. Some of the concerned officials of the Gaushalas, viz. Ghilor, Mae, Kushmara Bawni, Hamirpura, Khutmili, Lohai, Kanha Gaushala-Kadaura, Eton and Mawai Brahman accepted that the cattle are taken out for grazing in the daytime.

xxxvii. As per the information furnished during the meeting held on 06.09.2023 at the district headquarters, 5227 plants have been planted in 410 Gaushalas of the district. But on the spot, very few plants were found in only some of the Gaushalas inspected by the Oversight Committee. In some Gaushalas, some tree guards were there, but there was no plant therein. In 02 Gaushalas, viz. Sunaya-Konch and Lohai-Nadigaon, few tree guards were lying in the Bhoosa store. In most of the Gaushalas which have been running for the last 3 to 4 years, there was O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-39-

absolutely no planation in spite of the fact that they had sufficient land for the purpose. It appears that no interest has been taken to ensure plantation around or inside the Gaushalas. xxxviii. These Gaushalas are functional for over three years and rampant violations of environmental laws are being committed by them continuously. No action either by way of handholding or invoking punitive provisions of law seems to have been taken against these Gaushalas. At the time of inspection, the RO, UPPCB Jhansi and also the CDO Jalaun mentioned that notices have been issued/received by the Gaushalas for their violations in compliance of the orders of the Hon'ble NGT. The RO, UPPCB Jhansi also informed that an EC of Rs.2,45,000/- has been imposed on the BDO, Kadaura for violation for a period of 49 days. The CDO Jalaun pointed out that notices have been issued to the Gaushalas of this district only whereas no action has been taken in Jhansi and Lalitpur districts which are under her jurisdiction. He also pleaded that this is a welfare scheme of the Government, so no such action should be taken. The action taken against the BDO, Kadaura seems to be a token action to show the Hon'ble NGT that action has been taken because the violations by Gaushala are continuing since its establishment and in the entire district. No information regarding recovery of EC has been received.

No doubt, these Gaushalas are welfare activities of the State Government, but the officers implementing these schemes and the RO as the regulator have to ensure that these Gaushalas do not pollute the environment in the manner they are doing now in the interest of bovines, human beings and environment. COLLAPSE OF IMPLEMENTATION AND SUPERVISION MECHANISM:

xxxix. GO dated 02.01.2019 regarding the establishment and management of Gaushalas stipulates that there will be Block, Tehsil and District Level Committees, besides the Division and State Level Committees for the monitoring, evaluation and review of this welfare scheme of the State Government. This GO elaborates the tasks to be performed by these committees. When asked about the pathetic condition of these Gaushalas and role played by the Block Level Committee under his leadership to ameliorate their condition, no satisfactory response was given by the BDOs accompanying the Oversight Committee at the time of inspection. Even the CDO, CVO and DDO accompanying the team had no answer for what they had presented to the Oversight Committee at the district level meeting held on 06.09.2023 and what was being observed as the ground reality. The Oversight Committee has no hesitation in stating that the implementation and supervision mechanism of this welfare scheme of the State Government has collapsed totally. The Block as well as the Tehsil and District Level Committees are not functioning effectively. In some of the Inspection Registers, the inspection note recorded by the BDO was available but it did not bring out the deficiencies apparently visible in the Gaushalas. Similar was the quality of notes recorded by other Supervisory Officers, namely, the Veterinary Officer, ADO (Panchayat), ADO (ISB) etc. xl. Inspections by senior officers are meant to guide the ground level functionaries and provide them the support needed from higher levels for performing the task efficiently and effectively but they were not found to have been done seriously, objectively and truthfully. Deficiencies found in the inspection should be recorded factually and their compliance should be O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-40-

monitored closely, but it was found lacking altogether in all the Gaushalas.

RAY OF HOPE:

xli. By the time the Committee made the second visit to the district, new District Magistrate Shri Rajesh Kumar Pandey took charge. While the Committee was inspecting Gaushalas in the district as per its random plan, he also made independent inspections of some other Gaushalas to understand the ground realities and take appropriate remedial measures. After completing its inspection, the Committee had a one-to-one debriefing meeting with the District Magistrate in which experiences were shared by both sides. The District Magistrate appeared to be enthusiastic and committed to implement this welfare oriented scheme properly by leading from the front. He also assured that on the basis of what he has experienced himself and the oral feedback given by the Oversight Committee, he will ensure that the GOs issued by the State Government for the proper maintenance of the Gaushalas and the guidelines of the CPCB and the ICAR are implemented in letter and spirit. The Oversight Committee assured him to share a copy of its report to the Hon'ble NGT so that he takes necessary steps for the improvement of the system without losing time any further.

8. RECOMMENDATIONS In view of the aforementioned observations, the Committee recommends as under:

(i) As mentioned in paragraphs 5 and 6 above, there is no ambiguity with regard to what needs to be done to manage the Gaushalas in an eco-friendly and economically viable manner, but they are not being followed even in letters what to talk of its spirit. It is because no supervisory guidance is being provided and control is being exercised by senior officers for ensuring that these provisions are enforced properly. In order to make the implementation and monitoring of this welfare scheme effective, the first step that needs to be taken by the district administration is to prescribe, if not already done, a standard proforma for maintaining records, namely, Govansh Register, Stock Register of Bhoosa, green fodder and grains, Tagging Register, Treatment Register including vaccination, Inspection Register, Account Book and Cash-Book. They should be maintained in hardbound register whose pages should be numbered and certified by the person maintaining the register as well as the immediate supervisory officer. These should be running registers and changed only when filled completely and not at the end of every financial year or at convenience. It will be desirable to supply these Registers centrally from the district level.

(ii) After prescribing the proforma, a training should be organized for all the Gram Pradhans, Gram Vikas Adhikaris, Gram Panchayat Adhikaris/ Assistants, Livestock Extension Officers, their Supervisory Officers, Nodal Officers, etc. for proper maintenance of these records and their storage at a safe place inside the Gaushala. These Registers should be kept at the Gaushala in which entries should be made by the officials concerned when they visit it to perform some task. The Inspection Register should contain a check-list so that the inspecting officers record their findings in respect of each of them factually and objectively. The deficiencies so recorded should be rectified at the earliest. The check-list should also include a specific point on whether the deficiencies pointed out in the previous inspection note have been rectified or not. If they are found not rectified in time, then the inspecting officer should bring this fact O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-41-

immediately to the notice of the Block Development Officer and the Veterinary Officer.

(iii) One week after the training, these Gaushalas should be inspected every week by the immediate Supervisory Officers and every fortnight by the Nodal Officers. After three months, if the Block Development Officer is satisfied that the managers of the Gaushalas have developed the habit of maintaining the records properly and the bovines as per the GO, the frequency of inspections by the immediate Supervisory Officer and Nodal Officer may be changed to once in a fortnight and once in a month respectively.

(iv) If one village level officer of different department is incharge of several Gaushalas, then a roaster should be prepared by the Block Development Officer and the Veterinary Officer to secure the attendance of these functionaries on specified dates so that if public has any grievance, it can be redressed.

(v) There is a provision in the GOs that efforts should be made to receive funds through convergence from various developmental schemes, CSR funds of the State PSUs, donations from charity organizations/ individuals etc. and if in spite of harnessing these sources, adequate fund does not come through for proper functioning of the Gaushalas, then the District Magistrate should submit a plan to the Government for receiving balance amount. No such plan was reported to have been sent to the Government so far. The District Magistrate should take stock of the entire situation and prepare a plan for seeking additional fund for creation of requisite infrastructure at these Gaushalas for operating them in an eco-friendly and economically viable manner.

(vi) As regards inadequacy of the diet money of Rs. 30/- (enhanced to Rs. 50/-) per bovine per day, it will be desirable that a concrete workable fact-sheet is prepared at the district level taking into account all possible expenditures including transparent procurement of Bhoosa, green fodder and grains etc. for the entire year, and if the existing grant is found to be inadequate, recommendation for enhancing the same should be sent to the Government.

(vii) No Gaushala should be allowed to keep more bovines than permissible under the norms of the CPCB and ICAR in respect of various infrastructure facilities, namely, tin sheds, feeding and drinking troughs, open space for roaming, handling area etc.

(viii) Although brick-soling was found under a large number of tin sheds and drain was also there under some tin sheds, but urine and waste water was not being carried through the drains to the disposal point because of the slope problem. If the floors are made of concrete with adjoining drains, it will give a permanent solution to the problem of cleanliness.

(ix) An appropriate arrangement for the separate feeding place for sick, weak and young bovines should be made.

(x) Direction should be given to the District Magistrate to ensure effective arrangement to protect the bovines from extreme cold, summer and rainy weather condition.

(xi) Vacant Government/Gram Sabha land should be allotted to the Gaushalas on priority for growing green fodder within a period of one month by launching a special drive.

(xii) Plantation should be done within and outside the periphery wherever possible in a large scale in all the Gaushalas.

(xiii) Gaushalas situated in water-logging area or connected with the ponds or near the Abadi should be shifted to a proper O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-42-

place in the interest of health of bovines, human beings and the environment.

(xiv) All the bovines should be ear tagged within 07 days of arriving at the Gaushala and appropriate entries should be made in the relevant register kept at the Gaushala.

(xv) The problem in the proper functioning of these Gaushalas is not the inadequacy of the provisions in the CPCB Guidelines, ICAR Manual and the directions of the Government, but in their actual implementation. Therefore, a mere direction again to the District Magistrate for ensuring compliance of these provisions is not going to improve the ground situation. The District Magistrate should be given six months' time to ensure that the existing provisions are implemented on ground properly and submit a compliance report to the Hon'ble NGT. Thereafter, the Hon'ble NGT may get it verified through a third party independent of the government of UP by visiting atleast 10% of the Gaushalas physically.

(i) Strict action under law should be taken against the meat- shop owners operating without proper NOC/license from the competent authorities.

(ii) The UPPCB may be directed to take action against the polluting Gaushalas in accordance with the environmental laws after the expiry of the dead-line given to the District Magistrate by the Hon'ble NGT for ensuring compliance of these laws."

22. Compliance affidavit has been filed by respondent no. 21-District Magistrate, Jalaun vide email dated 11.02.2024. The relevant part of the compliance affidavit is reproduced below:-

"COMPLAINCE OF ORDER DATED 20.07.2023 PASSED BY THIS HON'BLE TRIBUNAL DIRECTING THE RESPONDENTS TO FILE ACTION TAKEN REPORT DETAILED ACTION REPORT OF RESPONDENTS X X X

3. That due to the mechanization in the agriculture sector, the calves of indigenous/non-descript cows have not been used by the farmers for their agricultural work and all the cows have been destitute. In the recent time the number of destitute cows has raised increasingly because of which vide Government dated 02.01.2019, State have established temporary Gaushalas for reducing the number of destitute cows and for their maintenance and protection. Further, the Government promulgated a policy and issued guidelines in respect to the maintenance for these temporary Gaushalas. It is pertinent to mention that these Gaushalas are temporary in nature and can be removed at any time to some other place as and when directed by the Government. That it is respectfully submitted that even though the Gaushalas are of temporary nature, still it is maintained as per the guidelines issued by the Government and all the Gaushalas have been following the guidelines which have been issued by the Government and another order dated 30.08.2023 has been issued by Department of Animal Husbandry. A copy of O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-43-

the government order dated 30.08.2023 bearing number 2104 is annexed herein and marked as ANNEXURE-R/1.

4. That it is respectfully submitted that the Kanha Gaushala / Besahara Gauashray sthall are of temporary nature because of which these Gaushalas will not be able to follow the CPCB guidelines and ICAR guidelines. That keeping in mind the temporary nature of the Gaushalas, the Government of Uttar Pradesh has issued their guidelines for the maintenance of these temporary Gaushalas. Thus, the Gaushalas are following the guidelines which are issued by the Government for the maintenance of these Gaushalas and CPCB/ICAR guidelines are not applicable on these temporary Gaushalas.

5. That a letter was sent to Chief Development Officer, district Jalaun to all Block Development Officer, all executive Officer, all Deputy Chief Veterinary Officer, and Veterinary Officer of the district Jalaun regarding compliance of order dated 20.07.2023 passed by this Hon'ble Tribunal. The concerned officers were informed that this Hon'ble tribunal passed order to provide photograph, certificate, and information on the following points, which are as follows: -

a. What arrangements has been made for disposal of cow dung in gaushalas?

b. What is the arrangement for urine disposal in gaushala? c. How are male cows and female cows and children of cows kept in the cow shelter and what is the arrangement? d. What arrangements have been made for sick cows and healthy cows in the cow shed?

e. How much tree plantation has been done in the gaushala so far and how mush tree plantation has been done in last year gaushala wise?

f. What is the arrangement of green fodder in the gaushala along with the area (hectares)?

g. What is the arrangement of draining water in case of water logging in the gaushala during the rainy season? h. What is the arrangement of storing straw in the gaushalas?

i. What is the arrangement of keeping sick calves and cows in rainy and winter season?

j. What is the diet sheet of the cows in gaushala? k. What are the arrangements of concrete flooring and shed in the gaushala?

1. Whether the gaushalas of the district are being operated according to the guidelines of CPCB and ICAR or not, make sure to provide certificates?

The true copy of letter no. 941 dated: 26.07.2023 is annexed herewith and marked as ANNEXURE -- R/2.

6. That as per the recommendation of the joint committee constituted on 27.05.2022 and in compliance of guidelines for environmental management of dairy farms and gaushala published by Government Order dated 02.01.2019 for waste O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-44-

management, Kanha Gaushala / Besahara Gauashray sthall for town area and Nirashrit Gauashray sthall for rural area collect dung from the floor of the shed at regular interval, so as to keep the floor clean, all solid waste is collected and stored in proper place for its treatment, vermicompost plants has been installed in Beriabujurg, Jalaun, Uttar Pradesh for disposal/utilisation of solid waste (dung). Biogas plants has been installed as common treatment facilities to handle the dung waste as per the government guidelines, as biogas plant are the best way to dispose of the solid waste. The true copy of the photographs showing biogas plant and vermicompost plants installed in Kanha Gaushala/ Besahara Gauashray sthall are annexed herewith and marked as ANNEXURE -- R/3 (Colly).

7. That as per guidelines issued by the Government vide order dated 02.01.2019/ Order of Animal Husbandry dated 30.08.2023, for water waste management Orai district Jalaun have installed Faecal Sludge Treatment Plant (FSTP) is situated Nagar Palika Orai Jalaun, as common treatment facilities in order to ensure that the wastewater(urine) discharged is adequately treated so as to meet the standards as prescribed by SPCBs/PCCs and it does not percolate through ground and pollutes the ground water. The true copy of the photograph Faecal Sludge Treatment Plant is annexed herewith and marked as ANNEXURE -- R/4 (Colly).

8. That in compliance with the recommendation of the joint committee for shelter management of Kanha Gaushala / Besahara Gauashray sthall in Jalaun, all cattle are under adequate shelter having enough space to roam around, lie down and stand up again. All animals are segregated and have separate shelter for better management. The shelters are equipped with tirpal to save the animals from inclement/harsh weather conditions. All the sheds are properly ventilated and the flooring under covered area are cemented as well as open muddy area is also left for proper comfort of animals. As per the letter no. 1004 dated 28.07.2023, Chief Development Officer directed all the BDO'S and chief veterinary officers and veterinary officers to install khandja (village road) inside and outside of shed in Kanha Gaushala / Besahara Gauashray sthall wherever not installed. The true copy of the photographs showing separate shelter, tin shed, open area, khandja installed in gaushalas and letter dated 28.07.2023 is annexed herewith and marked as ANNEXURE- R/5 (Colly).

9. That in compliance with the recommendation of the joint committee for the feeding management of Kanha Gaushala / Besahara Gauashray sthall in Jalaun, cattles are being provided only quality green fodder, Bhoosa and khari chokhar in adequate quantity so as to meet their requirements of good health and welfare, all Kanha Gaushala / Besahara Gauashray sthall having sufficient feeding and watering area as per specification, fresh water is also available for all the cattle. All the gaushalas have fodder storage facility. The true copy of the photographs showing green fooder, chokhar and freshwater facility (charahi) available for animals are annexed herewith and marked as ANNEXURE -- R/6 (Colly).

10. That in compliance with the recommendation of joint committee for the health management of gaushala in Jalaun, all the cow shed have proper health care facilities like veterinary O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-45-

dispensary along with medicines, common veterinary hospital and isolation shed for the cows suffering from contagious disease. All the cattle of the gaushals in district Jalaun are being duly taken care by the management and all the gaushalas are equipped with essential medical facilities mentioned above. The true copy of the photographs are annexed herewith and marked as ANNEXURE -- R/7 (Colly).

11. That in compliance with the order passed by this Hon'ble Tribunal dated 20.07.2023, the Chief Development Officer, Jalaun vide letter no. 1059/Nodal/ 2023-24 dated 04.08.2023, to discharge of supervision responsibility of maintenance and protection of cows and their other proper care, nominated 82 nodal officers. All the gaushalas are being characterised as temporary/permanent for the better management. That the Additional Chief Secretary Livestock Department, Uttar Pradesh Government, Lucknow directed all the Deputy Chief Veterinary Officer/Veterinary Officers to conduct health checkups of 5-5 cows shelter in their respective area and further directed that the inspection report will be posted on the cow shelter portal. That inspection of all the Kanha Gaushala/ Behsahara Gauashray Sthal was done between 07-09 August and wherever it has been found necessary to make some arrangements in some gaushala's directions are issued to ensure that all the required arrangements should be done within a week vide letter no.1118 dated 14/08/2023. That all officers were also directed to provide action taken report to the Chief Development Officer. The true copy of letters, order, list of all gaushalas and nodal officers appointed for the inspection are annexed herewith and marked as ANNEXURE - R/8 (Colly).

12. That the inspection team, inspected all the Kanha Gaushala / Besahara Gauashray sthall to check whether they have been following the guidelines issued by the Government in maintaining the Kanha Gaushala / Besahara Gauashray sthall. Thereafter a list of Kanha Gaushala / Besahara Gauashray sthall was prepared by the inspection team, which were not following the guidelines issued by the Government, which were then sent to the District Magistrate Jalaun. After which District Magistrate, Jalaun, issued a letter dated 10.01.2024 to all executive officers and Block Development officers of Kanha Gaushala / Besahara Gauashray sthall directing them to follow the guidelines issued by the Government and report the compliance of the same. A true copy of the letter dated 10.01.2024 issued by the District Magistrate is annexed herein and marked as ANNEXURE-R/9.

13. That the Chief Development Officer District, Jalaun, issued a letter to all the BDO and Executive officers directing them to provide the compliance report of the directions given by the District Magistrate Jalaun. That the Compliance report shall contain the following:-

a. Colorful photographs of the cow conservation centre b. Colour photographs of Besahara Gauashray sthall of the village, Mabai Bhraman, Khutmili Development Kadauram ITO development Kuthaun and Nadigaon.

c. Certificate of the fodder used for feeding the cows. d. Colour photographs of Urine disposal pits. O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-46-

All following compliance have to be completed by all the Kanha Gaushala / Besahara Gauashray sthall, which will be then sent to the inspection committee. A copy of the letter dated 26.01.2024 issued by the Chief Development Officeris annexed herein and marked as ANNEXURE-R/10.

14. That 5 teams were formed for joint inspection on 04/08/2023 by order of answering Respondent vide order no. 89 in connection with the compliance of the prescribed standards set up by the Government by making surprise inspection of meat shops operating under the city area. That on 05/08/2023 in Orai (Jalaun) food safety team has conducted surprise inspection on chicken and meat shops. Notice was given to the shopkeepers under the Food Safety and Standards Act 2006 and Regulation 2011 after finding filth in the shops of Kalpi and Jalaun in order to maintain cleanliness in the shop and do business only after getting the licence vide order no. 81. The true copy of the order dated 04.08.2023, letter dated 10.08.2023 and local newspaper dated 05.08.2023 and 10.08.2023 of that area is annexed herewith and marked as ANNEXURE -- R11 (Colly).

15. That in compliance with point no. 11 of order dated 20.07.2023, on the basis of periodic inspections of meat shops without valid registration, u/s 58 of the Food Safety Act, 2006. Further, cases have been filed against all the shopkeepers who are operating meat shops without valid registration and licence. The true copy of the letter no. 91 dated 19.08.2023 and list of unregistered meat shops are annexed herewith and marked as ANNEXURE -- R/12 (Colly).

16. That in compliance with the order dated 20.07.2023 passed by this Hon'ble Tribunal, plantation of trees sapling has been done in all gaushalas resulting in fresh air for the cattle, odour less atmosphere near the gaushala and plantation of green belts to provide green fodder for the cattle. True copy of photographs showing green trees and saplings in gaushalas are annexed herewith and marked as ANNEXURE -- R/13 (Colly).

17. That as per the recommendation made by the joint committee water testing report of temporary gaushala situated in village Sugarmill, dikauli and Madhogarh has been sent to Executive Engineer, Divisional Office U.P water corporation (rural) Jalaun by executive officer, Nagar Panchayat Madhogarh (Jalaun) vide letter no.2396 dated 18.08.2023. Water test result was under permissible limit as per Indian standards. As per test report turbidity NTU (units) is 4.3 NTU and permissible limit of the same is 5 NTU, that PH value according to test result is 7.2 NTU and permissible limit of the same ranges between 6.5 -- 9.5 NTU. That on 23.08.2023 consolidated consent and authorization (CCA) under section 25 of the water (prevention and control of pollution) Act, 1974 and under section 21 of the Air (prevention and control of pollution) Act, 1981 has been granted to TEMPORORAY GAUSHALA NAGAR PANCHAYAT MADHOGHARH located at GATA NO: 333, WARD NO: 08, MAITHILISHARAN NAGAR, MADHOGRAH, DISTRICT JALAUN, 285126 for the period from 29.07.2023 to 31.07.2027. The true copy of letter, water test report and certificate are annexed herewith and marked as ANNEXURE- R/14 (Colly).

18. That according to letter no. 2405 dated 19.08.2023 water test report of the water sample of gaushalas of development block Madhogarh in villages Amkheda, Harauli, Aheta, Uncha O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-47-

and padkula acquired from the portal WQMIS has been sent to Executive Engineer, divisional office U.P water corporation (rural) Jalaun by Chief Development Officer (Jalaun). All the water test result was under permissible limit as per Indian standards. The true copy of the letter and water test report are annexed herewith and marked as ANNEXURE- R/15 (Colly).

19. That as per letter no. 2995 dated 18.08.2023 water test report of Kanha gaushala Rampura has been sent to executive engineer, divisional office U.P water corporation (rural) Janaul as per the report turbidity NTU (units) was 4.3 NTU which is under permissible limit i.e 5 NTU and PH value of the same report was 7.1 NTU which was also under permissible limit that ranges between 6.5 -- 9.5 NTU. That on 23.08.2023 consolidated consent and authorization (CCA) u/s 25 of the Water (prevention and control of pollution) Act, 1974 and u/s 21 of the Air (prevention and control of pollution) Act, 1981 has been granted to NAGAR PANCHAYAT RAMPURA located at GATA NO. 892/4 WARD NO.2 SUBHASH NAGAR WEST RAMPURA, JALAUN 285127 for the period from 27.07.2023 to 31.07.2027. The true copy of the letter, water test report and CCA certificate are annexed herewith and marked as ANNEXURE- R/16 (Colly).

20. That as per letter no. 2106 dated 19.08.2023 water test report acquired from WQMIS portal pertaining to water sample of gaushalas, development block Dakor of villages Etwa Jalaun, Dadari, Aindha, Chaursi has been conveyed to executive engineer, divisional office U.P water corporation (rural) Jalaun. Water test report of the villages mentioned above was under

permissible limit as per Indian standards. The true copy of the letter, water test reports are annexed herewith and marked as ANNEXURE -- R/17 (Colly).

21. That as per letter no. 2413 dated 19.08.2023 water test report acquired from WQMIS portal pertaining to water sample of gaushala, development block Nadigaon of villages Gadrena, Jaganpura, Jugrajpura, Kamsera and Sulkhna has been sent to executive engineer, divisional office U.P water corporation (rural) Jalaun. Water test report of the villages mentioned above was under permissible limit as per Indian standards. That on 22.08.2023 consolidated consent and authorization (CCA) u/s 25 of the Water (prevention and control of pollution) Act, 1974 and u/s 21 of the Air (prevention and control of pollution) Act, 1981 has been granted to NAGAR PANCHAYAT NADIGAON JALAUN for the period from 27.07.2023 to 31.07.2027. The true copy of the letter, water test report and (CCA) certificate are annexed herewith and marked as ANNEXURE - R/18 (Colly).

22. That as per the letter no. 2433 dated 22.08.2023 water test report of Kanha Gaushala located in municipal corporation Konch has been sent to Executive Engineer, Divisional Office U.P water corporation (rural) Jalaun. According to report turbidity NGT (unit) was 3.2 NGT and PH value was 7.3 NGT, permissible limit of the same was 5 NGT and 6.5 to 9.2 NGT respectively. That o 23.08.2023 consolidated consent and authorization (CCA) u/s 25 of the Water (prevention and control of pollution) Act, 1974 and u/s 21 of the Air (prevention and control of pollution) Act, 1981 has been granted to NAGAR PALIKA PARISHAD KONCH located at GATA NO. 1409 MALVIYA NAGAR KONCH JALAUN, 285205 for the period from 23.07.2023 to 31.07.2027. The true O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-48-

copy of the letter, water test report and (CCA) certificate are annexed herewith and marked as ANNEXURE -- R/19 (Colly).

23. That according to water test report no. 131 of gaushala located in village Kadaura, turbidity NGT (unit) was 4.2, PH value was 7.2 NGT which was under permissible limit as per the Indian standards. That water test report no.132 of temporary Gaushala situated in village Katra block Dakor was also under permissible limit as per the Indian standards. The true copy of the water test reports are annexed herewith and marked as ANNEXURE - R/20 (Colly).

24. That in compliance of the order dated 20.07.2023 passed by this Hon'ble Tribunal, Consolidated Consent and Authorization (CCA) u/s 25 of the Water (prevention and control of pollution) Act, 1974 and u/s 21 of the Air (prevention and control of pollution) Act, 1981 has been granted to NAGAR PANCHAYAT UMRI located at GATA NO. 14 WARD NO. 10 KANJHUSA UMRI, JALAUN 285129 the CCA certificate has been granted for the period from 27.07.2023 to 31.07.2023. That the Nagar Panchayats and other Nagar Palika have also applied for the NOC for which the requisite fees have been duly paid and application for NOC is under process. The true copy of the certificate is annexed herewith and marked as ANNEXURE -- R/21 (Colly).

25. That in compliance with point no. 12 of the of the order dated 20.07.2023 passed by this Hon'ble Tribunal, the cow shed of the district are being operated as per the guidelines issued by the Government vide order dated 02.01.2019/ Order of Animal Husbandary dated 30.08.2023. An application for NOC has been made to the Uttar Pradesh Pollution Control board on 28.07.2023 and the same has been issued by Uttar Pradesh Pollution Control Board for the cow shelter operated under Nagar Panchayat Kotra.

26. That all the bio medical waste generated is disposed as per the provision contained in SWM rules 2016 and BMW rules 2016. A separate biomedical waste unit has been constructed in the cow shed. There is no pollution of any kind from cow dung and cow urine, and underground water is pure and portable, which is not affected by solid and water waste. The true copy of the certificate and payment receipt are annexed herewith and marked as ANNEXURE- R/22 (Colly).

27. That, in compliance with point no. 12 of the order dated 20.07.2023 passed by this Hon'ble Tribunal, cow shed of the district are being installed as per the guidelines issued by the Government vide order dated 02.1.2019/ Order of Animal Husbandry dated 30.08.2023. An application for NOC has been made to the Uttar Pradesh Pollution Control Board on 27.07.2023 and the same has been issued by Uttar Pradesh Pollution Control Board for the cow shelter operated under Nagar Panchayat Kalpi. All the bio medical waste generated is disposed as per the provision contained in SWM rules 2016 and BMW rules 2016. A separate biomedical waste unit has been constructed in the cow shed. There is no pollution of any kind from cow dung and cow urine, and underground water is pure and portable, which is not affected by solid and water waste. The true copy of the certificate and payment receipt are annexed herewith and marked as ANNEXURE- R/23 (Colly).

O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-49-

28. That, in compliance with point no. 12 of the of the order dated 20.07.2023 passed by this Hon'ble Tribunal, the cow shed of the district are being operated as per the guidelines issued by the Government vide order dated 02.1.2019/ Order of Animal Husbandry dated 30.08.2023. An application for NOC has been made to the Uttar Pradesh pollution control board on 27.07.2023 and the same has been issued by Uttar Pradesh Pollution Control Board for the cow shelter operated under Nagar Panchayat Kadaura. All the bio medical waste generated is disposed as per the provision contained in SWM rules 2016 and BMW rules 2016. A separate biomedical waste unit has been constructed in the cow shed. There is no pollution of any kind from cow dung and cow urine, and underground water is pure and portable, which is not affected by solid and water waste. The true copy of the certificate and payment receipt are annexed herewith and marked as ANNEXURE- R/24

29. That a certificate was issued by office of Municipal Council, Jalaun dated 26.7.2023 certifying that the guidelines issued by ICAR/CPCB are being duly followed in Kanha gaushala operated under Municipal Council, Jalaun. The true copy of the certificate is annexed herewith and marked as ANNEXURE R/25

30. That in view of the facts and circumstances hereinabove, it is respectfully submitted that the respondents are meticulously complying with the recommendations and direction passed by the Hon'ble tribunal. That the Respondents in compliance of the Joint Committee recommendations have filed the present application."

23. The applicant filed Interlocutory Application registered as I.A. no.

290/2022 vide email dated 16.11.2022 for placing additional documents which was allowed vide order dated 17.11.2022 and the additional documents were taken on record.

24. The applicant has filed I.A. No. 78/2023 vide email dated 13.03.2023 with the following prayers:-

"In view of the severity of circumstances mentioned herein above it is most respectfully prayed that this Hon'ble Tribunal may be pleased to;

a) direct the Chief Secretary, Govt. of Uttar Pradesh to make immediate arrangement of Adequate Shelter ,Survival Fodder and Water in Gaushalas to save the cows from hunger and thirst in coming Heat waves of Summer OR otherwise to shut down these Gaushalas as these are being operated without any consent from UPPCB & violate CPCB guidelines for environmental management of Gaushalas & ICAR manual on Gaushala O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-50-

b) to impose penalty on Respondents No 1 to 21 they ignored and disregarded all the directions of Hon'ble tribunal delivered so far as mentioned above.

c) direct the Chief Secretary, Govt. of Uttar Pradesh to enquire and FIR on officers responsible for mass death of cows and damage to environment in this winter due to cold stroke and hunger even after continuous directions of hon'ble tribunal;

d) direct the Chief Secretary, Govt. of Uttar Pradesh to stop and complete ban on Parali as a fodder as it is against the ICAR manual on Gaushala and harmful to environment and health of cows;

e) direct the Chief Secretary ,Govt. of Uttar Pradesh to stop and ban the painful approach of chasing the and brutally beating up the cows/calves/bulls to shift them to gaushalas from road as it is against the directions of hon'ble Supreme Court Of India;

f) to ban on brutal process of Catching the Cattle by beating, stabbing, twisting their tales to put them to Cattle Catcher Vahicle as it violates Article 21 and Article 51 (g)of constitution by creating nuisance in the environment very cruel and barbaric which injures and fractures the cows and sometimes makes them handicapped for the life;

g) direct the Chief Secretary ,Govt. of Uttar Pradesh to shut down all the meat shops slaughtering animals & birds in meat shops.

h) direct the Chief Secretary ,Govt. of Uttar Pradesh ,UPPCB to immediate shut down and penalize licensed slaughterhouses of District Unnao and Aligarh as they have contaminated the ground water of 100 villages, polluted River "Lon" by violating norms and slaughtering of animals more than the permittion;

i) keep this Original Application pending till the complete compliance of orders of Hon'ble Tribunal, guidelines of CPCB for environmental management of Gaushala & Manual of ICAR on Gaushala;

j) pass any other order which this Hon'ble Tribunal may deem fit and proper in interest of justice."

25. The applicant has filed I.A. No. 631/2023 vide email dated 19.07.2023 with the following prayers:-

"In view of the severity of circumstances mentioned herein above it is most respectfully prayed that this Hon'ble Tribunal may be pleased to;

a) direct the Chief Secretary , Govt. of Uttar Pradesh to replicate and implement "Godhan Nyay Yojna" of Government of Chhattisgarh in replacement of "Asthayi Goashtay sthal yojna"

resolve the concern of stray cattle and pitiable conditions of Gaushalas.

b) direct the UPPCB to shut down all temporary Gaushalas of villages and impose penalty from the date of establishment as respondents continuously ignored all directions of hon'ble NGT O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-51-

and fails to follow the CPCB guidelines and ICAR manual on Gaushala.

c) direct the CPCB to continuously monitor and assure the closure of all Gaushalas of villages of UP violating the CPCB guidelines for environmental management of Gaushalas and ICAR manual on Gaushala.

d) to direct the MS,UPPCB and ACS ,Animal Husbandry, UP to complete ban on combine harvesters(both with and without SMS) as did by PSPCB that don't produce Straw to cop up with the inflation of price of straw.

e) to direct the UPPCB to ban the use of Straw(Bhoosa) as a fuel in Bricks Factory in entire state of UP as it inflate the prices of Straw.

f) to direct the UPPCB and Respondents no 1 to 21 to stop and complete ban on Parali/dry straw as a fodder as it is against the ICAR manual on Gaushala and harmful to environment and health of cows;

g) to impose personal penalty on Respondents no 1 to 21 as in OA NO 136/2015 Nagarpalika Parishad Vrindavan & Ors Versus Madhu Mangal Shukla & Ors as they ignored and disregarded all directions of Hon'ble NGT so far.

h) direct the MS,UPPSB and ACS ,Animal Husbandry, UP to ban the painful a process of Catching the Cattle by beating, stabbing, twisting their tales to put them to Cattle Catcher Vahicle or to shift them to gaushalas from road as as it violates Article 21 and Article 51 (g)of constitution by creating nuisance in the environment.

i) to direct the CPCB to draft guidelines on process of Catching the Cattle by beating, stabbing, twisting their tales to put them to Cattle Catcher Vahicle as it violates Article 21 and Article 51 (g)of constitution by creating nuisance in the environment.

j) direct the UPPCB and Chief Secretary ,Govt. of Uttar Pradesh to shut down all the meat shops slaughtering animals & birds in meat shops.

k) direct the Chief Secretary ,Govt. of Uttar Pradesh ,UPPCB to immediate shut down and penalize licensed slaughterhouses of District Unnao and Aligarh to stop slaughtering of animals more than the permission.

l) keep this Original Application pending till the complete compliance of orders of Hon,ble Tribunal, guidelines of CPCB for environmental management of Gaushala & Manual of ICAR on Gaushala;

m) pass any other order which this Hon'ble Tribunal may deem fit and proper in the interest of Justice."

26. The applicant has filed I.A. No. 790/2023 vide email dated 18.10.2023 with the following prayers:-

"In view of the severity of circumstances mentioned herein above it is most respectfully prayed that this Hon'ble Tribunal may be pleased to;

O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-52-

      a)      Allow this IA;
      b)      direct the Oversight Committee, Lucknow to consider and

analyze the "Samadhan" as submitted by applicant in IA no 78/2023, IA no 631/2023 and in this IA to prepare the strategies for the improvement of pitiable conditions of gaushalas and alternative solution to eliminate the need of Gaushalas in villages.

c) direct the Chief Secretary of Uttar Pradesh to prepare the strategies and implementation mechanism to rejuvenate and reinitiate the old practice of daily grazing of cows by herdsman(charvaha) and Oversight Committee, Lucknow, may monitor the compliance of the same.

d) direct the Chief Secretary of Uttar Pradesh to prepare the strategies implementation of "GODHAN NYAY YOJANA" run by Government of Chhattisgarh in District Jalaun of UP in first Phase. Oversight Committee, Lucknow, may monitor the compliance of the same.

e) keep this Original Application pending till the complete compliance of orders of Hon,ble Tribunal, guidelines of CPCB for environmental management of Gaushala & Manual of ICAR on Gaushala;

f) pass any other order which this Hon'ble Tribunal may deem fit and proper in interest of justice."

27. The Additional Chief Secretary, Animal Husbandry Department, Uttar Pradesh filed additional response/reply to I.A. No. 790/2023 vide email dated 11.02.2024 and the relevant part thereof is reproduced below:-

"Additional Response/Reply of IA 790/2023 on behalf of ACS, Animal Husbandry, State of Uttar Pradesh disclosing the development for implementation of the recommendations given by the Oversight Committee report Dated 30.11.2023 A. That the Additional Chief Secretary, Animal Husbandry Department, State of Uttar Pradesh is filing this additional response/reply of IA 790/2023 to place on record some concrete developments done by administration in the State of Uttar Pradesh.

B. It is submitted that as per the order dated 19.10.2023 passed by the Hon'ble National Green Tribunal, IA 790/2023 was filed in consonance of the report of oversight committee dated 30.11.2023 (Annexure A 1) and in response to the IA, there are some averments mentioned below:-

As directed by the ACS, the District Magistrate, Jalaun has conducted the meeting with concerned officers on various dates and issued detailed guidelines on the relevant points mentioned in the inspection report of the cow shelter sites operated in Jalaun District by the Oversight Committee. In order of additional points mentioned under Part B of the writ petition, the allegation is as follows-

1. That a letter no. 1560/37/2023 dated 10.07.2023 was issued by ACS, Animal Husbandry with the strict instructions to O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-53-

all District Magistrates of the State of Uttar Pradesh regarding the removal of any sort of encroachment from grazing/pasture lands which was being used for growing green fodder for destitute cattle and in compliance with the above orders revenue department has started a campaign to remove any kind of construction or encroachment from the grazing/pasture land. True copy of the letter dated 10.07.2023 is hereby annexed as ANNEXURE A2

2. That a letter no. 2145/37-2-2023 dated 05.09.2023 was issued to Director Administration & Development, Animal Husbandry Department by ACS, Animal Husbandry for the cow protection, proper management of destitute cow shelters and to ensure proper management of the destitute cow shelters while preserving the remaining destitute cattle progeny, and cogent actions with top priority were directed like tagging of destitute cows, infectious diseases should be treated, each cattle should be vaccinated etc. True Copy of the letter dated 05.09.2023 is hereby annexed as ANNEXURE A3

3. A special campaign was conducted from 11.07.2023 to 25.08.2023 by the revenue department. During the encroachment-free campaign, 8291.4326 hectares of land have been made encroachment-free and Napier grass, Barseem, and other seasonal green fodder have been shown on 3781.48 hectares of encroachment-free land. True Copy of the status of Grazing land (Gochar Bhumi) for the cows in the State of Uttar Pradesh is hereby annexed as ANNEXURE A4

4. The arrangement of Charwaha (Herdman) in every village is a policy matter. There is no arrangement by the Uttar Pradesh government to implement the Charwaha (Herdman) system as we have a different model in Uttar Pradesh. It would be appropriate to inform here that Government Order No. 1028/37- 2020 dated 23.04.2020 has been issued regarding the care of protected cows and straw storage at destitute cow protection centers in the state, according to which every cow protected at the shelter site. In relation to the number of cows. Gowsevak/Caretaker has been hired on honorarium for taking care of the protected cows, cleaning them, and providing fodder and water on time. True Copy of the Govt Order dated 23.04.2020 is hereby Annexed as ANNEXURE A5

5. It is further submitted that "Godhan Nyay Yojana" is a policy scheme of the Chattisgarh State Government. There is no arrangement for implementing it in Uttar Pradesh as it entails substantial budgetary costs. Here Government Or der no. 4324/37-2-2018-5(53) 2015 dated 02.01.2019 is implemented, the establishment and operation policy of destitute cow shelter site is promulgated in which compost/biogas from cow dung as per requirement, CBG plant under Gobardhan scheme, cow dung, Gonyle from cow urine, Jeevamrit, Ghanamrit organic pesticides, etc. all of the above are available at the cow shelter sites. It is being constructed with the participation of women's self-help groups. True Copy of the Government Order no. 4324/37-2-2018-5(53) 2015 dated 02.01.2019 is ereby annexed as ANNEXURE A6

6. That a letter dated 30.08.2023 with directions was issued to all District Magistrates, Director Administration and Development, Animal Husbandry Department by the ACS, Animal Husbandry Department regarding the environmental management at cow shelters/conservation centres established for the protection of destitute cows. It is pertinent to note here that Uttar Pradesh is the largest state in the country in terms of O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-54-

livestock numbers. According to Livestock Census 2019, there were about 190.3 lakh cattle in Uttar Pradesh In agricultural work due to the use of mechanisation, male calves of indigenous/ non-descript cows become unusable. The cattle reares leave them destitute. These destitute cattle are breeding out of control, giving birth to useless/ low productivity cattle, as a result of which the number of destitute cows continuously increases. Uttar Pradesh Govt. has increased subsidy on sorted and sexed semen vide GO 652/37-2-2023-1(49)/2017 dated 31.10.2023 and semen straws are available at Rs 100 instead of previous Rs 300. True copy of the Govt. order dated 2104/37- 2-2023 dated 30.08.2023 is hereby annexed as ANNEXURE A7 and True Copy of the GO 652/37-2-2023-1(49)/2017 dated 31.10.2023 is hereby annexed as ANNEXURE A8

7. That Uttar Pradesh Prevention of Cow Slaughter Act-1955 (as amended-2000) is applicable in the state. Under which cow slaughter has been effectively banned and there are approximately 14 lakh destitute cows in the entire state. It is submitted that Policy for establishment and operation of temporary cow shelters for reducing the number of destitute cattle and for their protection and maintenance through Government Order No. 4324/37-2-2018-5 (53)/2018, dated 02.01.2019 has been promulgated. Under this policy, it has been clarified that the guidlines issued by Animal Welfare Board of India established under Section-4 of Prevention of Cruelty to Animals act-1960 and provision of Animal Trespass act-1871 (Ammended as-21 August 1996) and as per direction of Ministry of Environment, Forest and Climate Change, According to the guidelines issued by the Government of India, letter no. 9- 3/2018-19/PCA, dated July 12, 2018, it is the responsibility of the local body for the protection and maintenance of destitute animals. It is also provided under the policy that the establishment, arrangement, management and operation of the temporary cattle shelter (which can be completely removed at any time) will be done by the urban local bodies and panchayats. In accordance with the above policy promulgated by Government Order dated 02.01.2019, guidelines issued on 28.01.2019 regarding marking and levelling of land for cow shelters, standards of space for cattle, provision of drinking water at the sites, arrangement of lighting, environmental arrangements and Clear responsibilities have been given to the concerned departments for the last rites of dead cows. That Destitute cow shelters are of temporary nature (can be completely removed at any time).

8. It is pertinent to note here that oversight committee has mentioned the word GOSHALA, whereas as these centres are NIRASHIT GOW ASHRAY STHAL. However cow shelter sites are rehabilitation centres not a place for commercial activities, dairying. It is further submitted that regarding the definition of cow shelter given by the Uttar Pradesh Pollution Control Board it is submitted that nirashrit GoAshray Sthal is completely different from Goshala. These shelters are not commercial establishments but merely rehabilitation centres, where welfare arrangements are made for the de-minimis livelihood of the destitute cows.

9. It is imperative to note here that the District Magistrate, Jalaun is implementing the suggestions given by the oversight committee. That a letter was issued to ACS, Animal Husbandry regarding the implementation of the suggestions of the oversight committee report dated 30.11.2023. It is submitted that report of the oversight committee provided by mail on 09.01.2024 and O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-55-

thereafter the suggestions are being implemented and taken care of with due diligence. True Copy of the letter issued by DM, Jalaun dated 07.02.2024 is hereby attached as Annexure A8......"

28. We heard submissions made by learned counsel for the parties and interacted with the officers who appeared before this Tribunal physically or through VC present and considered that detailed interim order was required to be passed in the case which was, accordingly, reserved for pronouncement in due course of time.

29. On due consideration of the submissions made by the learned Counsel for the parties and perusal of the material on record we are of the considered view that interim directions for the reasons as hereinafter mentioned are required to be issued by this Tribunal.

Menace of Stray Cattle

30. Cow was the backbone of agriculture and rural life in India. Its milk was considered a substitute to mother's milk to rear and bring up a child.

Its dung was used with dilution to paint floor, rooftop, walls in houses which were usually kaccha, to make cakes for use as fuel to cook food at home, to fire hookahs for smoking tobacco, for lighting pyre at cremation and as manure after with composting for improving crops yield. Birth of she-calves used to be a celebration for addition to milk for consumption in the house hold and birth of he-calves used to be a celebration for addition to bull-power as the bullocks were used for ploughing the agricultural land, for thrashing the crops after harvesting providing wheat etc. to the farmers and bhoosa (fodder) for the cattle, extracting water from the wells for irrigation of agricultural land and extracting edible oil from mustard etc. or preparing Gur (Jaggery) by crushing sugar cane. Bullock carts were proud means of transport in rural India. Almost every village used to have dedicated grazing land and used to follow the general practice of one Charwaha (herdsman) taking the cows in the morning to the grazing land O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-56-

and bringing them back in the evening. Cow was essential/integral part of rural life and was due to that reason worshipped as mother, revered as Kamdhenu for bringing prosperity and were donated by Godan at the time of marriages as per custom and also as part of last rites for attaining salvation to departed soul. So much so that first roti baked in the kitchen used to be dedicated for the cow and kheer prepared with its milk used to be choicest sweet dish essential part of weekly if not daily menu for every rural household. When productivity/utility of cows used to get reduced due to old age or any other reason, the farmer, instead of slaughtering, used to serve them till death in gratitude for their past contribution to his prosperity. Mechanization of agriculture has changed the scenario. He calves (male progenies of indigenous as well as cross breeds) are not used by the farmers for their agricultural work and are considered to be a burden and are abandoned after about one year of their birth and are left to wander on the roads where they contribute to accidents or in the fields where they damage and cause loss to the crops. The dedicated grazing lands in the villages have either being encroached upon, converted to some other use or reduced in size for allotment to landless people. Strangely enough even now Milch Cows are also let out of the household for grazing without there being any dedicated grazing lands with the consequence that cows can be seen in the villages/cities searching food/fodder out of garbage dumps. What used to be a boon for rural India has become a menace for urban India. There is huge disturbance due to stray cows left on roads in the villages and cities as destitute. As per information provided in the present case there are approximately 14 lakh destitute cows in the entire State of Uttar Pradesh.

Prohibition of Cow Slaughter in the State of Uttar Pradesh

31. Due to Cows being essential/integral part of farmers life in rural India, slaughtering of cows was/is not socially acceptable and permissible which social mandate is also embodied by the Uttar Pradesh Prevention of O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-57-

Cow Slaughter Act-1955 in the State of Uttar Pradesh under which cow slaughter has been banned.

Policy for establishment and operation of temporary cow shelters

32. To counter the menace of stray cattle Policy for establishment and operation of temporary cow shelters for reducing the number of destitute cattle and for their protection and maintenance through Government Order No. 4324/37-2-2018-5 (53)/2018, dated 02.01.2019 has been promulgated. For reason of brevity the features thereof are not reproduced/ discussed in detail. Suffices it to observe that under the Policy it is provided that the establishment, arrangement, management and operation of the temporary cattle shelter (which can be completely removed at any time) will be done by the urban local bodies and panchayats.

Government Orders (G.O.) relating to Gaushalas:

33. For proper management of these Gaushalas, the State Government issued GOs from time to time which have been referred by the Oversight Committee in its report and the relevant part thereof is reproduced as follows:

"(i) Vide GO No. 4324/Saintees-2-2018-5(53)/2018 dated 02.01.2019 (Annexure-48), the UP State Government issued a self-contained policy direction for the establishment and operation of temporary Gaushalas in all rural and urban local bodies (i.e. Gram Panchayats, Blocks, District Panchayats, Nagar Panchayats, Nagar Palikas, Nagar Nigams). The GO, inter alia, provides for identifying of land, creation of infrastructure, rendering other services at the temporary Gaushalas; their economic self-sustainability, resource mobilization through convergence and five tier administrative mechanisms for monitoring the establishment, implementation and management of temporary Gaushalas.

(ii) Vide GO No. 261/Saintees-2-2019-5(53)/18 dated 28.01.2019 (Annexure-49), the Government had issued the directions for the bovines as establishing Temporary Gaushalas, demarcation of land and its transfer, demarked places to make shelters usable, provision of drinking water, electricity, fodder in temporary Gaushalas, security arrangements, housing and environment, medical facilities, labour arrangements. To make financially self-sustainable, financial assistance & restriction on abandoning stray bovines by the farmers. It has also provided for the formation of the State Level Monitoring, Evaluation and O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-58-

Review Committees. Some advisory guidelines were issued for the implementation of the policy.

(iii) GO No. 3256/Saintees-2-2019-30(4)/2019 dated 08.08.2019 (Annexure-50) provided to ensure public participation in the implementation of welfare oriented Govansh Sahbhagita Yojna.

(iv) Vide GO No. 62/2020/4938/Saintees-2-2020-30(4)/2019 dated 12.09.2020 (Annexure-51), instructions were issued under the Sahbhagita Yojna to provide cows from various Gaushalas established and operating in the District to the eligible and willing families having mal-nourished children.

(v) GO No. 674/Saintees-2-2022-5(53)/18 TC-2 dated 04.05.2022 (Annexure-52) was issued to collect Bhoosa through donation from people for maintenance of bovines preserved in Gaushalas. GOs dated 20.05.2022 (Annexure-53) and 18.04.2023 (Annexure-54) were reiterations of the above GO for expediting the collection and preservation of Bhoosa.

(vi) Vide GO No. 822/ Saintees-2-2022-5(53)/2018 TC-1 dated 01.06.2023 (Annexure-55) provides for identification and procurement of land for establishing temporary Gaushalas and construction work to be done through convergence of MNREGA and other schemes.

(vii) Vide GO No. 1347/33-3-2022 dated 03.07.2022 (Annexure-56), instructions were issued to expedite expenditure of the fund available with different authorities for this purpose.

(viii) GO No. 1854/33-2-2022-5913/2019 dated 03.08.2022 (Annexure-57) authorizes the District Magistrate to purchase Cattle Catchers/Multipurpose Vehicles or to hire the same as per requirement.

(ix) GO No. 2078/Saintees-2-2023-5(53)/2018 TC-7 dated 14.10.2022 (Annexure-58) relates to online data feeding of various activities relating to Gaushalas, development of Goashray portal, mobile app and transfer of funds through PFMS.

(x) Vide GO No. 05/Saintees-2-2023-5(53)/18-TC-2 dated 04.01.2023 (Annexure-59) and Vide GO No. 103/Saintees-2- 2023-5 (53)/18 TC-4 dated 18.01.2023 (Annexure-60) relate to the purchase of at least one cattle catcher at every tehsil by 31.01.2023 for 100% preservation of bovines at the temporary Gaushalas by 31.03.2023; to obtain a certificate from the District Magistrate about it and to transfer funds immediately to the parent Gram Panchayat through the pooling of State Finance Commission (SFC) fund so that a shortage of funds for the maintenance of bovines may not be felt.

(xi) Vide GO No. 80 CM/Saintees-2-2023-5(53)/2018 TC-6 dated 18.04.2023 (Annexure-61), instructions were issued to ease the financial management of temporary Gaushalas/participation scheme to release funds through Direct Benefit Transfer (DBT).

(xii) Vide GO No. 1538/Saintees-2-2023-5(53)/2018 TC-6 dated 11.07.2023 (Annexure-62), the State Government has issued detailed guidelines to expedite the process of transfer of funds through DBT.

O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-59-

(xiii) GO No. 1706/Saintees-2-2023-5(53)/2018 dated 17.07.2023 (Annexure-63) about the supervision of the micro- management plan of Gaushalas for the effective implementation of the guidelines issued for the preservation and maintenance of bovines. The District Magistrate has been made responsible for making the scheme effective through close and comprehensive monitoring from his level."

Environmental Issues involved

34. As mentioned in the report submitted before this Tribunal in earlier cases, the major environmental issues involved in management of dairy farms and gaushalas are discharge of dung and urinal wastewater. The poor handling of dung and wastewater causes odour problem also. A Bovine animal, on an average, weigh 400 kg and discharges 15-20 kg/day of dung and 15-20 litres/day of urine. Many dairy farms and gaushalas discharge the cattle dung along with wastewater into the drains, leading to clogging, which ultimately reach to rivers and create water pollution. Also, these clogged drains become breeding ground for mosquitoes creating health hazards and odour nuisance. The dung produces many gases/compounds such as carbon dioxide, ammonia, hydrogen sulphide, methane, etc. which emitted into the atmosphere and responsible for odour issue. The disposal of cow/buffalo dung is the biggest challenge in dairy farms and gaushalas. However, cattle dung, if effectively utilised, can be a resource of manure and energy. The cattle dung contains many beneficial constituents which may be used as fuel source either by direct combustion (dung wood) or converted to biogas, soil conditioner, manure, material for wall plastering, construction of granaries, livestock and fish feeding, etc.

35. In O.A. No. 46/2018 the CPCB in its report dated 12.05.2020 mentioned draft of the Guidelines to be issued for enforcement of the environmental norms. This Tribunal directed CPCB to finalize the proposed guidelines and enforce the same as per the mandate of the statute which will bind the States PCBs/PCCs and monitor compliance thereof by O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-60-

evolving appropriate monitoring mechanism in this regard, including a provision for audit of compliance at-least once in six months.

36. The CPCB finalized the "Guidelines for Environmental Management of Dairy Farms and Gaushalas" on 05.06.2020 and revised the same in July, 2021.

37. In its report the Oversight Committee has also summarized the provisions made in the Guidelines for Environmental Management of Dairy Farms and Gaushalas issued by CPCB and Manual on Management of Gaushalas issued by ICAR as under:-

a) Pucca floor with proper slope and drainage should be there for proper handling and scientific disposal of cow dung, urine and wastewater.

b) Covered space (tin shed) should be there for the protection of bovines from heat, rain and cold.

c) For every adult bovine, at least 3.5 sq m covered area and 7.0 sq m open area should be available.

d) For feeding an adult bovine, a feeding manger (Charni) of 60-75 cm in length should be provided.

e) A handling area (10m x 5m) with necessary arrangements should be there for providing health related services to the bovine.

f) Ear tagging should be done of every bovine sheltered in the Gaushala by the concerned Veterinary Officer.

g) In every Gaushala, the concerned authority is required to maintain proper records/registers in the prescribed format.

h) Every Gaushala is required to maintain the health of bovines by providing appropriate nutrition, disease prevention, biosecurity as well as medical treatment to ensure the minimizing disease incidence.

O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-61-

i) A standard vaccination and deworming protocol appropriate for the bovines to be scheduled in a manner to prevent them from the diseases, i.e. Foot & Mouth Diseases (FMD); Hemorrhagic Septicemia (HS); Black Quarter (BQ), Anthrax, Brucella and Rabbies.

j) No residential dwellings, health centers, hospitals and schools should be located at least within 100 meters of these Gaushalas. It should also not be located within 200 meters from a water-spread area and it should be away from the flood plain area of rivers and areas having shallow groundwater.

k) Guidelines for Waste Management (Solid Waste, Wastewater and Air Quality) in Gaushalas should be followed strictly.

38. In the original application the applicant has inter alia complained that Gaushalas/Nirashritgau Ashray Sthals do not have a water treatment plant and suitable concrete floor and have not obtained consent from UPPCB.

39. In its reply dated 18.07.2023 UPPCB has submitted that UPPCB has given direction to all the Executive Officers, Block Development Officers responsible for maintenance of these gaushalas vide letter no. 66/OA -

394/NGT/23 dated 18.04.2023 and a reminder was also given vide letter no. 154/ OA - 394/NGT/23 dated 15.05.2023 through District Magistrate, Jalaun for seeking Consent to Operate under Air Act 1981 and Water Act 1974 and ensuring all the provisions for environment management as per the guidelines issued for dairy/gaushalas by CPCB. CTO has not been obtained by any department responsible for maintaining gaushalas.

UPPCB has issued show cause notice for imposition of Environmental Compensation against 04 Block Development Officers/Executive Officers responsible for operation and maintenance of gaushalas and Environmental Compensation has been imposed against 07 Block O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-62-

Development Officers/Executive Officers responsible for operation and maintenance of gaushalas after following due procedure as per law. UPPCB has also organized a workshop on 11.07.2023 for all concerning officers responsible for operation and maintenance of gaushalas to educate them about the environment management and upkeep of gaushalas as per the CPCB Guidelines as well as how to seek CTO from UPPCB through online portal of Nivesh Mitra.

40. In reply dated 10.10.2022 filed vide email dated 04.11.2022 the District Magistrate has submitted that according to the Government order 4324/37-2-2018-5(53)/2018 dated 02.01.2019 the gaushalas that have been established temporarily need to be such that they can be moved from the present location to any other location anytime and in this given circumstance it is impossible to install water treatment plant or concrete flooring for the gaushalas, as most of the gaushalas in Jalaun are temporary in nature.

41. In his Additional Response filed vide email dated 11.02.2024 Additional Chief Secretary, Animal Husbandry Department, Uttar Pradesh has submitted that Nirashrit Go Ashray Sthal is completely different from Gaushala. These shelters are not commercial establishments but merely rehabilitation centres, where welfare arrangements are made for the destitute cows.

42. It is relevant to note here the definition of "Gaushala" given in the "Guidelines for Environmental management of Dairy Farms and Gaushalas" issued by CPCB which reads as under: -

"Gaushalas are the establishment which in-house weak, sick, injured, handicapped and abandoned homeless cattle/cows to rehabilitate them."

43. We find no force in these submissions made by the District Magistrate, Jalaun and Additional Chief Secretary, Animal Husbandry O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-63-

Department, Uttar Pradesh that due to the Gaushalas/Nirashrit Go Ashray Sthals being temporary and non-commercial establishments are exempted from applicability of and are not required to comply with the Guidelines for Environmental Management of Dairy Farms and Gaushalas issued by CPCB and Manual on Management of Gaushalas issued by ICAR for the simple reason that any such place where cows are kept in large number, with whatever name given to the same, will fall within the definition of the gaushala and any gaushala whether temporary or permanent, commercial or non-commercial, profit making or non-profit making will be bound to comply with the Guidelines for Environmental Management of Dairy Farms and Gaushalas issued by CPCB and Manual on Management of Gaushalas issued by ICAR and environmental norms particularly those embodied by the provisions of the Water Act 1974 and Air Act 1981. Therefore, the Gaushalas/Nirashrit Go Ashray Sthals will be bound to comply with the same and will not be entitled to any exemption from the applicability thereof and compliance therewith.

44. It may be observed here that respondent no.21-District Magistrate, Jalaun was directed by the Principal Secretary Government of Uttar Pradesh through video conferencing to make grand gaushalas which can accommodate 1000-2000 cows and to identify the land within a period of one week. In compliance with the directions issued by the Principal Secretary for identification of land for gaushalas, the office of the respondent no.21-District Magistrate, Jalaun issued letter to identify the land on which grand gaushalas are to be opened with a capacity of 2000- 3000 cows. However, there is nothing on record to show that any further progress has been made regarding setting up of big gaushalas/Nirashrit Ashray Sthals with capacity to accommodate 1000-2000 or more cows.

45. It may be observed here that in the villages in the State of Uttar Pradesh dedicated grazing lands were reserved at the time of land O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-64-

consolidation. In additional response/reply filed by Additional Chief Secretary, Animal Husbandry Department, Uttar Pradesh it has been mentioned that letter no. 1560/37/2023 dated 10.07.2023 was issued by Additional Chief Secretary, Animal Husbandry Department, Uttar Pradesh with the strict instructions to all the District Magistrates in the State of Uttar Pradesh regarding the removal of any sort of encroachment from grazing/pasture lands and in compliance with the above orders a special campaign was conducted from 11.07.2023 to 25.08.2023 by the revenue department. During the encroachment-free campaign, 8291.43 hectares of land have been made encroachment-free and Napier grass, Barseem and other seasonal green fodder have been sown on 3781.48 hectares of land.

46. In view of the above, it appears to be possible and expedient that such big gaushalas/Nirashrit Ashray Sthals with capacity to accommodate 2000-3000 or more cows may be setup on such dedicated grazing lands reserved at the time of consolidation. Setting up of about 20-40 big gaushalas/Nirashrit Ashray Sthals with capacity to accommodate 2000- 3000 or more cows in a District will also be convenient/expedient from the point of view of financial and administrative management and compliance with environmental norms instead of setting up of a large number of gaushalas/Nirashrit Ashray Sthals in multiples of hundreds with problems regarding financial and administrative management and compliance with environmental norms. It may be added here that in the present case in its report the Joint Committee has mentioned that 34674 cattle have been kept in about 400 gaushalas/Nirashrit Ashray Sthals in District Jalaun.

Similarly in its report the Oversight Committee has mentioned that 34909 bovines have been kept in 410 gaushalas/Nirashrit Ashray Sthals. Despite directions from this Tribunal neither the Joint Committee nor the Oversight Committee could inspect all the gaushalas/Nirashrit Ashray Sthals in District Jalaun. Even though in their reports respondent no. 21- the District Magistrate Jalaun and Additional Chief Secretary, Animal O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-65-

Husbandry Department, Uttar Pradesh have submitted regarding compliance with guidelines and proper management of the gaushalas/Nirashrit Ashray Sthals but the reports of the Joint Committee, Oversight Committee and UPPCB reveal serious environmental violations.

These aspects need to be looked into by Government of Uttar Pradesh.

Directions by the Tribunal

47. We are of the considered view that the environmental questions raised in the present original application regarding the Gaushalas/Nirashrit Goashray Sthals are not confined to the Gaushalas/Nirashrit Goashray Sthals situated in District Jalaun only and arise in respect of all the Gaushalas/Nirashrit Goashray Sthals situated in the entire State of Uttar Pradesh. In view of the nature, significance, magnitude and impact of the social and environmental questions involved, we consider it appropriate to and accordingly widen the scope of the proceedings to entire State of Uttar Pradesh.

48. We direct the State of Uttar Pradesh through Chief Secretary and Additional Chief Secretary, Animal Husbandry Department, Government of Uttar Pradesh:-

(i) to explore the possibility of setting up and running of gaushalas which can accommodate 2000-3000 cows by Gram Panchayats by identifying/allocating suitable grazing lands available with Gram Panchayats for this purpose or seeking expression of interest from NGOs, Societies/Farmers, Associations/Unions of Farmers or Environmental/Social Activists, Corporate Bodies for participation in setting up of gaushalas which can accommodate 2000-3000 or more cows and proper operation and maintenance of the same so as to make the same self sustaining as far as possible or with subsidy as per Uttar Pradesh Government Schemes already issued or with O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-66-

CSR funds by corporate bodies or by adopting schemes successfully operating in other State(s) or following model adopted by any of the NGOs, Societies/Farmers, Associations/Unions of Farmers or Environmental/Social Activists, Corporate Bodies;

(ii) to ensure implementation of and compliance with the Guidelines for Environmental Management of Dairy Farms and Gaushalas issued by CPCB and Manual on Management of Gaushalas issued by ICAR;

(iii) to ensure implementation of and compliance with the recommendations made by the Joint Committee and the Oversight Committee reproduced in earlier part of this order;

(iv) to review all Gaushalas/Nirashrit Goashray Sthals in the State of Uttar Pradesh and close all Gaushalas/Nirashrit Goashray Sthals which do not meet siting criteria, requirement of land and infrastructure or are not complying with the Guidelines for Environmental Management of Dairy Farms and Gaushalas issued by CPCB and Manual on Management of Gaushalas issued by ICAR and environmental norms;

(v) suitably modify its policy to make Gaushalas/Nirashrit Goashray Sthals permanent so that the tag of the same being temporary /make shift arrangement does not prevent compliance and justify non-

compliance with the Guidelines for Environmental Management of Dairy Farms and Gaushalas issued by CPCB and Manual on Management of Gaushalas issued by ICAR and environmental norms and to file report in this regard within three months.

49. We also direct the UPPCB to inspect all Gaushalas/Nirashrit Goashray Sthals for compliance with the Guidelines for Environmental Management of Dairy Farms and Gaushalas issued by CPCB and Manual on Management of Gaushalas issued by ICAR and the environmental norms particularly the Water Act 1974 and Air Act 1981 and take appropriate action including order for closure and imposition of O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-67-

environmental compensation in accordance with law for non-

compliance/violations and to file Action Taken Report within three months.

Slaughter Houses

50. In its report the Joint Committee has mentioned that the Joint Committee visited the locations of meet shops operating in Bajaria, Ambedkar Nagar Chauraha, Konch Bus Stand, Vikas Bhawan, Collectrate Tiraha and Kabeer Nagar areas of Urai District Jalaun, As informed by Nagar Nigam Urai approx. 60-85 meet shops are operational without license in Orai, District Jalaun. District Administration, Jalaun has informed that no legal or illegal slaughter house is operated in urban or rural area of the District. During visit the Joint Committee could not find any legal or illegal operational slaughter house. During visit to the area concerned few small meat shops were found operational without valid license. Urban Local Bodies are required to take appropriate action in this regard to ensure implementation of environmentally sound management system to maintain the surrounding area clean.

51. In reply dated 10.10.2022 the District Magistrate, Jalaun has submitted that there is no slaughter House in District Jalaun.

52. In its reply dated 18.07.2023 UPPCB has mentioned that as per the information provided by Regional Officer, Uttar Pradesh Pollution Control Board Unnao, there are 07 slaughter houses in District Unnao and there are 09 slaughter houses in District Aligarh. All the slaughter houses have requisite effluent treatment plant and air pollution control system and are having Consent to Operate under Water Act 1974 and Air Act 1981 from U.P. Pollution Control Board except for M/s HMA Agro Industries Ltd.

Aligarh, whose CTO application is under consideration. All the slaughter houses have also requisite NOC from State Ground Water Authority for abstraction of ground water and also APEDA license from Government of India for export. No instances have been reported regarding contamination O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-68-

of ground water and excess slaughtering of animals beyond permitted capacity. UPPCB has analyzed ground water samples from time to time and the results shows all the parameters within prescribed standards.

53. In its report dated 30.11.2023, the Oversight Committee has mentioned that the Oversight Committee inspected the meat market/shops of Orai town. At the time of inspection, all the meat shops were found closed whereas the other shops were open. On query, it was informed that it was neither a closure day of the market nor of the meat shops. It appeared that the shopkeepers got prior information about the proposed inspection;

therefore, they put their shutters down. It was informed by the officers concerned that not even a single meat shop has been granted NOC/license from the State Food and Drug Administration or the Municipality as none of the meat shops conforms to the norms prescribed therefor. It was also informed by the officers that there is no slaughter-house in the District. It appears that the animals are being slaughtered in or around the shop itself, the traces of which could be noticed during the inspection even at the closed meat shops. The Oversight Committee has recommended that strict action under law should be taken against the meat-shop owners operating without proper NOC/license from the competent authorities.

Directions by the Tribunal

54. In view of the recommendations made by the Joint Committee respondent no. 21-District Magistrate, Jalaun and respondent no. 12- UPPCB are directed to take appropriate action against the meat-shop owners operating without proper NOC/license from the competent authorities in accordance with law and file action taken report within three months.

55. However, it may be observed here that the applicant has sought reliefs regarding gaushalas/Nirashrit Ashray Sthals and slaughter houses/meat shops which are based on separate cause of action and the O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-69-

relief in respect of one cannot be said to be consequential to the relief in respect of the other.

56. Rule 14 of the National Green Tribunal (Practices and Procedure) Rules, 2011 reads as under:-

"14. Plural remedies.- an application or appeal, as the case may be, shall be based upon a single cause of action and may seek one or more relief provided that they are consequential to one another."

57. In view of above mentioned rule and the factum of the reliefs sought in the present case being based on separate causes of action, we consider it to be appropriate as well as convenient that separate cases be registered and separate proceedings be conducted in respect of reliefs sought regarding Gaushala/ Nirashrit Ashray Sthals and relief sought regarding slaughter house/meat shops in accordance with rule 14 of the National Green Tribunal (Practices and Procedure) Rules, 2011.

58. In view of the above the Registry is directed to bifurcate this case and present case be treated as concerning Gaushala/ Nirashrit Ashray Sthals and case in respect of the relief sought regarding slaughter house/meat shops be separated and be separately registered as original application.

59. O.A. No. 394/2022 and other O.A. so separated and separately registered be listed on 19.11.2024 for further consideration.

60. The I.As., which are pending for consideration, will also be taken up on that date for hearing of arguments.

61. Reports be filed by the Chief Secretary, Government of Uttar Pradesh, Additional Chief Secretary, Animal Husbandry Department, Government of Uttar Pradesh, the District Magistrate, Jalaun and the Member Secretary, UPPCB by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, O.A. No. 394/2022 Pushpendra Kumar Vs. BDO, Kadaura & Ors.

-70-

Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.

62. A copy of this order be forwarded to the Chief Secretary, Government of Uttar Pradesh, the Additional Chief Secretary, Animal Husbandry Department, Government of Uttar Pradesh, the District Magistrate, Jalaun and the Member Secretary, UPPCB by email for requisite compliance.

Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 13th, 2024 AG

Legal Document View

Unlock Advanced Research with PRISMAI

National Green Tribunal

Pushpendra Kumar vs Block Development Officer Kadaura on 13 August, 2024