National Green Tribunal
Bachu Naga Venkateswara Rao vs State Andhra Pradesh on 13 August, 2024
Author: Satyagopal Korlapati
Bench: Satyagopal Korlapati
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Tuesday the13th day of August, 2024.
Original Application No. 114 of 2023 (SZ)
(Through Video Conference)
IN THE MATTER OF
1. Mr. Bachu Naga Venkatewara Rao,
Resident of DR No. 7A-8-10/1, Kotha Road,
Municipal Complex backside, Upstairs of Nakoda hardware,
Eastern Street Eleuru, Andhra Pradesh.
2. Mr. Bachu Ramesh Kumar
S/o. Batchu. Tirupati Rao,
Resident of DR No. 7a-8-10/1, Kotha Road,
Municipal Complex backside, Upstairs of Nakoda hardware,
Eastern Street Eleuru, Andhra Pradesh.
3. Mr. Bachu Prasad,
Neighor of Eluru Municipal Corporation Slaughter House.
...Applicant(s)
Versus
1. State of Andhra Pradesh
Through Chief Secretary,
Government of Andhra Pradesh, 1st Block,
1st Floor, A.P. Secretariat Office,
Velagapudi- 522 023.
2. Andhra Pradesh Pollution Control Board,
Payavaran Bhawan, A-III, Industrial Estate,
Sanath Nagar Hyderabad, A.P- 500018.
3. Central Pollution Control Board,
Through Member Secretary,
Parivesh Bhawan, East Arjun Nagar,
Delhi- 110032.
4. Collector, West Godavari District
Ameenapet, Eluru,
Andhra Pradesh- 534006.
5. Commissioner, Municipal Corporation, Eluru,
22c-11-28, Chunduri Vari Choultry St, Main Bazar,
Agraharam, Eluru, Andhra Pradesh- 534001.
...Respondent(s)
For Applicant(s): None
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For Respondent(s): Mrs. Madhuri Donti Reddy for R1, R2, R4 & R5.
Mr. D. S. Ekambaram for R3.
Judgment Reserved on: 7th August, 2024.
CORAM:
HON'BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
JUDGMENT
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. This Original Application was based on a letter petition transferred from the Principal Bench of this Tribunal and numbered as O.A. No. 114 of 2023. The petitioners are resident of Eluru District where the Eluru Municipal Corporation slaughter House is located.
2. The complaint of the petitioners is that the Eluru Municpal Corporation is running a slaughter house in Town Survey No. 1707/3 in residential area of 9th Division, Madepalli Road, Bhimavaram Road Eluru, West Godavari District, Andhra Pradesh in violation of the Hon'ble Supreme Court order for relocation of slaughter houses located in close proximity to residential area.
3. It is alleged that on every Sunday about 1000 Sheeps and Goats are slaughtered in the slaughter house causing serious damage to the environment and the health of the inhabitants.
4. On going through the allegations, the Principal Bench had constituted a Joint Committee comprising of Central Pollution Control Board (CPCB), State Pollution Control Board and Collector, West Godavari District to verify the factual position and to look into the grievances of the applicants and take remedial action in accordance with law. 2 Accordingly the Joint Committee filed a report dated 29.07.2022. It is stated in the Joint Committee report that the existing slaughter house is very ancient established before independence in the year 1945. It was also informed that earlier the facility was created by the Municipality for containment of pollutants to prevent open slaughtering of Goats and Sheeps and further spreading of excretes hooves and solid waste throughout municipal areas for safe public health. As per order of the Hon'ble Supreme Court of India in W.P No. 309 of 2003, the Eluru Corporation obtained Consent for Operation (CFO) from Andhra Pradesh Pollution Control Board.
5. It is further stated that the Eluru Municpal Corporation is complying with the order of the Hon'ble Supreme Court of India dated 23.08.2012 in W.P. (Civil) No.309/2003 in terms of modernisation of existing slaughter house facility including treatment facilities. 70% of works were completed and remaining would be completed by 30.09.2022. Further, the Municipal Officers informed that they made an agreement with M/s.Laham Foods for treatment & disposal of waste water. The Solid Waste (dung waste) is being managed by the Municipal Corporation and converting as manure at Municipal Facility located at Ponangi Area.
6. The observations made by the Joint Committee are as follows:
a. The Eluru Municipal Corporation (EMC) owned a Manual Slaughter House to slaughter Goat /Sheep - 150 Nos / Day and is located at 10th Division, Madepalli Road, Eluru, Eluru District (previously West Godavari District). The facility is having total land of 1.50 Acres under Municipality possession. The constructed area is 0.75 Acres in two buildings, where the process takes place. Vacant land is available 0.75 Acres.
b. The same is operated and maintained by the Eluru Butchers Association on Annual Contract basis. The health of the animal is certified by the Municipal Corporation. c. The Slaughter House is surrounded by CC Road followed by residential houses on northern side, Eluru to Kaikaluru Road on southern side, animal lairage followed by residential houses on eastern side and petitioner vacant land followed by residential houses on western side.3
The Geo Coordinates of the Slaughter House is (16°42'04.8"N 81°06'49.5"E).
d. Number of employees working in Municipal Slaughter House are 7 Members (Regular: 01 + Temporary: 06). e. The designed capacity of the Slaughter House is 150 Nos of Goat /Sheep slaughtered per day. The Consented capacity is same as designed capacity. Slaughtering and peeling of skin activities only are carried out here. The operational hours of the Slaughter House is 2 Hrs (Morning 4 AM to 6 AM).The Butchers are collecting head and offals to domestic market for sale.
f. APPCB issued closure order to Eluru Municipal Slaughter house on 03.05.2019, for operating without valid CFO of the Board 7 and non-
compliance of the Board directions / conditions. Subsequently, the APPCB has been issuing temporary revocation of closure orders to Eluru Municipal Slaughter house periodically subject to compliance. Latest, the Eluru Municipal Slaughter house has obtained temporary revocation of closure order valid up to 31.03.2022 with certain directions.
g. The Municipal Slaughter House has obtained CFO (Consent For Operation) of the APPCB, vide order dated 10.03.2022, which was expired on 31.03.2022.
h. The EMC (Eluru Municipal Corporation) has submitted representation along with details of modification of Existing Slaughter House to APPCB and requested for extension of revocation of Closure order. i. The slaughter house was not in operation at the time of inspection and modification works (modernization) of existing slaughter 8 house with an estimated amount of Rs.1,00,00,000/- (One Crore only) as per Food Safety and Standards Authority of India (FSSAI) are under progress. The EMC has taken up modernization of abattoir with Central Government 15 th Finance Grant. The civil and mechanical works are under progress.
j. The EMC applied for extension of revocation of Closure order. APPCB discussed the issue in Task Force Committee meeting in its meeting held on 25.07.2022 and noted that the facility is in the process of modernisation including construction of ETP. In principle, agreed to issue revocation of closure order to the facility. k. Generally, 100 to 120 Nos of Goat /Sheep slaughtered per day. On average about 20 Liters of water is used for washing of one animal after slaughtering. The total quantity of water is required about 2.4 KLD (120 X 20 Liters) for Slaughter House. 100 Ltrs is required for Domestic purpose. The source of water is bore well & Municipal Water supply. The total quantity of effluents generation is about 2.4 KLD (120 X 20 Liters).
l. The EMC is transporting the wastewater to M/s.Laham Food products as per agreement dated 20.03.2021. The facility is maintaining records and submitted to APPCB upto 31.05.2022. At present, the civil works for modernisation & hygienic are in progress.
m. About 80 to 100 Kgs of dung along with spleen water is generated as Solid Waste and which is converted into compost at Ponangi Compost yard. The compost is being used as manure. Initially, the Butchers are collecting fresh blood as product. The stains of blood during peeling of skin & hides generated and washed. No de-boning of meat activity is carried at slaughter house. The domestic activity is carried at specific market places for meat. Each goat may contain meat of 8 Kgs on average including head and offals.
n. The EMC is constructing scientific Effluent Treat Plant (ETP) of capacity 10 KLD under modification works and civil works are under progress. The ETP consisting of Bar Screen Chamber -01 (0.7 x0.5x0.7m), Bar Screen Chamber -02 (0.7 x0.5x0.7m), Oil Grease Trap (0.7 x0.5x0.7m), Raw Water Tank (5 x2x2m), Equalization Tank (1 x2.5x2m), Aeration Tank - 1(1 x2.5x2m), Aeration Tank - 2(1 x2.5x2m), Clear Water Tank (1 x2.5x2m), Treated Water Tank (5 x1x2m), Sludge Holding Tank-1 (1X1.5X2.0m), Machine Room (3X2.5X2.5m) & Sludge Settler 10 Tank (1.5X2.5X2.0m). o. EMC has proposed to provide Garbage Bins under modification works for collection of solid waste.
p. No odour prevailed within or outside slaughter house facility. q. The facility is selling horns, hooves, hides etc., to contractors. 4
r. No fodder waste is observed in the facility since the facility is maintaining animals on daily inventory. There is no animal farm within the facility.
7. Based on the above observations, the Joint Committee made the following recommendations:
•Eluru Municipal Corporation shall develop the necessary infrastructure facilities for sound environmental management of Waste water and Solid waste generated from the operation of the slaughter house, as mentioned in the Consent Order and incorporate a condition in contract agreement stating that the contractor shall operate the Slaughter house in compliance with the Consent granted by APPCB, failing which will attract the legal action including the closure of slaughter house.
•Eluru Municipal Corporation shall ensure that the untreated effluent shall not discharge in the adjacent drain. The outlet of drain shall be closed. The Storm Water drains shall be maintained neat and clean.
• Eluru Municipal Corporation shall ensure the sound environmental management of solid waste generated in Slaughter house in consultation with APPCB.
•Eluru Municipal Corporation shall take sincere efforts in the completion of infrastructure facilities as stated within stipulated time and in getting Consent from APPCB subsequently.
•Water, Wastewater and Solid Waste are to be monitored with NABL & MoEF & CC accredited laboratory in future on weekly basis.
8. Initially, the Andhra Pradesh Pollution Control Board, which is the 2nd respondent, filed the status report dated 31.10.2022. It is stated in the report that the Slaughter House has valid consent for operation till 16.01.2023. The construction of Effluent Treatment Plant (ETP) of slaughter house is under progress. The ETP consists of unit operations: collection tanks, Bar screen chambers- 1 nos, oil & grease tank, equalization tank, aeration tanks-1 & 2, sludge settling tank, sludge holding tank, multi-grade filters (carbon & sand) and treated effluent holding tank. After treatment, the facility is utilizing treated waste water for green belt purpose within the premises. They have directed the Eluru Municipal Corporation to send the effluents to effluent treatment plant of another slaughter house namely, M/s Lahm 5 food products pvt. Ltd, through dedicated tankers till providing full fledged ETP in their premises.
9. Regarding the Solid waste, it is stated that about 80 to 100 kgs per day of dung is generated only as solid waste. The goat dung, stains of blood during peeling of skin and hides are generated. The solid waste from slaughter house is being sent to compost yard located at Ponangi, Eluru. The compost is converted as manure and is being utilized for agriculture and horticulture purpose and greenery of Municipal Corporation limits. They have also given the status of modernization of slaughter house.
10. With regard to the water and air quality monitoring data, it is stated that EMC slaughter house is presently transporting raw effluents through tankers to the ETP of M/s Laham food products pvt. Ltd for treatment and disposal. Samples from three borewells in the surrounding of slaughter house were collected and tested. It was revealed from analysis report that the water is not contaminated by chemical/micro biological agents. Ambient Air Quality monitoring was carried out on 18.10.2022 and the air quality parameters were also within the CPCB standards. There was no persistent odour prevailed within or outside of slaughter house since it is not a continuous operation abattoir.
11. The Andhra Pradesh Pollution Control Board filed another report in which it is stated that the Pollution Control Board had issued show cause notice to the Slaughter house on 24.04.2023 and levied Environmental Compensation of Rs. 2,04,000/- for operating the slaughter house for 51 days (18.01.2023 to 09.03.2023) without obtaining valid consent to operate.
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12. The Municipal Commissioner, Eluru represented the Andhra Pradesh Pollution Control Board on 15.05.2023 that the funds movement through CFMS getting delayed for filing Consent to Operate application before the Pollution Control Board and requested to exempt the levy of Environmental Compensation which was declined by the Pollution Control Board after discussing the matter with the External Advisory Committee and affirmed the levy of Environmental Compensation.
13. It is stated in the report that the butcher slaughter house has been upgraded modernized slaughter house and provided ETP and complied with Air and Water standards. There is no cold storage facility within the slaughter house and no environmental damage established.
14. The 3rd respondent, Central Pollution Control Board, filed compliance status of Joint Committee's recommendation which reads as follows:
S.No Recommendations of the Present Compliance status Joint Committee Report dt.29.07.2022
1. Eluru Municipal Corporation shall Partially Complied.
develop the necessary Established a ETP of 10 KLD to treat infrastructure facilities for sound the Waste water. Treated effluent is environmental management of used for gardening in their own Wastewater and Solid waste premises.
generated from the operation of Solid waste is collected in storage the slaughter house, as pit and transported to the compost mentioned in the Consent Order yard, Ponangi. ETP and incorporate a condition in The unit need to take following contract agreement stating that measures;
the contractor shall operate the Slaughter house in compliance i. As per the CPCB direction dated with the Consent granted by 14.01.2022 issued to APPCB APPCB, failing which will attract under sectuon 18(1)(b) of Water the legal action including the (P&CP) Act, 1974, the Slaughter closure of slaughter house house are required to provide the blood coagulator to convert the blood into Meat Blood Meal but the same is not complied by the unit.
ii. In accordance with the CPCB "Guidelines for utilisation of treated effluent in irrigation -
September - 2019, the irrigation management plan has to be prepared and impervious lined storage tank of minimum 15 days 7 capacity for storage of treated effluent during low/no demand, based on the Irrigation Management Plan has to be provided.
2. Eluru Municipal Corporation shall Complied.
ensure that the untreated effluent The effluent is carried to the ETP shall not discharge in the adjacent through a PVC pipeline and treated drain. The outlet of drain shall be in the ETP. Howebver, the old closed. The Storm Water drains pipelines still exist, which should be shall be maintained neat and removed to eliminate the suspicion of clean. discharging the untreated wastewater.
3. Eluru Municipal Corporation shall Complied.
ensure the sound environmental Solid waste dung, fodder and food management of solid waste waste are collected in storage pit generated in Slaughter house in and transported to the compost yard, consultation with APPCB. Ponangi .
4. Eluru Municipal Corporation shall Complied.
take sincere efforts in the Abattoir hall - 1 is renovated, completion of infrastructure established the ETP and obtained facilities as stated within the consent from APPCB. Copy of stipulated time and in getting the same is placed at Annexure -
Consent from APPCB III. Renovation of Abattoir subsequently.
hall - 2 is under progress.
5. Water, Wastewater and Solid Not Complied.
Waste are to be monitored with NABL & MoEF & CC accredited laboratory in future on weekly basis.
15. Based on the observations made during the inspection, the Central Pollution Control Board made suggestion for further improvement which are as follows:
i. To comply the treated effluent discharge norms as prescribed in the consent issued by APPCB.
ii. To carry out monitoring of Water, Wastewater and Solid Waste with NABL & MoEF & CC accredited laboratory periodically as per joint committee's suggestion in the matter of OA No. 317/2022. iii. To establish a blood coagulator to convert the blood into "Meat Blood Meal" and stop draining the blood as per the CPCB's Directions dated 14.01.2002.
iv. Use gum boot exclusively in the abattoir hall or foot dip water bath with disinfectant at all the entrance of the slaughter house. v. The hard mud floor of the animal holding sheds may be concreted with gradient in order to channelize the urine to the ETP. vi. To remove the two old pipelines below the new pipeline at the outside of abattoir hall- 1, permanently.
vii. To develop green belt in the open space in between the animal holding area and cement road running along the abattoir hall with pavement walkway to approach the animal holding area so as to arrest the fugitive emission of dust.
viii.To develop green belt in the open space on the southern side of the slaughter house.
ix. To construct a wall at the southern boundary of the slaughter house. x. To operate and maintain the ETP through a qualified and trained manpower.
xi. To fabricate a roof on top of the ETP at a suitable height and area to prevent the free fall of dry leaves and flowers into the ETP. xii. To add a disinfectant system to the ETP before the filters. xiii.To provide a digital flow meter at the intake point of water for measuring the actual quantity of water consumption and shall main the records. To provide a digital flow meter at the discharge point of 8 treated wastewater, where the treated wastewater being used for gardening and shall maintain the records. For which Irrigation Management Plan may be prepared and followed strictly in accordance with the "Guidelines for Utilization of treated effluent in irrigation" issued by the CPCB. xiv. To provide impervious lined storage tank of minimum 15 days capacity for storage of treated effluent during low/no demand, based on the Irrigation Management Plan.
xv. To place a sign board at the main gate indicating the process, effluent discharge standards, generation of solid waste and validity of Consent Order.
xvi. To maintain the storm water drain neat and clean and ensure that the effluent is not finding its way to the storm water drain. xvii. EC imposed by APPCB may be recovered from Eluru Municipal Corporation.
16. The 5th respondent, Commissioner, Municipal Corporation, Eluru, has filed a reply affidavit dated 07.12.2022. It is stated in the affidavit that the subject slaughter house is in complete compliance with all environmental provisions and norms. The Corporation routinely obtains consent to operate under Section 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 from the Andhra Pradesh Pollution Control Board.
17. The slaughter house usually slaughters around 100-120 goats and sheeps per day. The hours of operation are between 04:30 Am and 07:30 PM. The solid waste generated is taken to a dumping yard at Ponangi on the very same day. The liquid wastes are treated in an effluent treatment plant with a capacity of 2.40 KLD. The existing ETP has recently been modified and renovated to ensure that environmental standards applicable to ETPs are being complied with. They have also entered into an agreement dated 10.03.2021 with M/s Laham Food Products Pvt. Ltd., for the disposal of the waste water generated by the slaughter house.
18. It is also stated that prior to the issuance of consent to operate, the Andhra Pradesh Pollution Control Board and the Corporation had a third party agency M/s Spectra Envirotech Pvt. Ltd to test the pollution 9 levels at the slaughter house. The reports indicate that the air pollution, noise pollution, pollution of underground water, the pollution levels at the ETP inlet and outlet and the soil pollution in and around the slaughter house are all well within the acceptable levels. The medical officer, of JP colony, UPHC, Eluru has certified that no cases of respiratory illness, allergic reactions, dust allergies etc., have been reported with respect to the slaughter house.
19. The Eluru Municipal Corporation has vehemently denied the allegation of the applicant that the slaughter house is being operated in a residential area. It is stated that it is located in a commercial area right on the highway that leads to Kaikaluru. Most of the buildings in and around are used for commercial activities such as petrol bunk, granite industries etc. It is stated that the applicant has ulterior motives as the applicant is involved in a property dispute regarding the vacant plot of land which he claims to be the owner which is adjacent to the slaughter house.
20. It is also stated that pursuant to the directions passed by this Tribunal on 02.1.2022, the Corporation has taken steps towards the planting of additional aromatic plants in and around the slaughter house including plant species like Michelia (sampangi), Millingtonia hortensis (Akasa Malli), Mimusops elengi (Pogada), Nyctanthes arbor (Parijatam) and Dypsis lutescens (Areca palm) (an air purifier). They have also annexed pictures of greenery around the slaughter house. It is submitted that the slaughter house is completely compliant with all applicable environmental norms and is not subjected to a single complaint regarding nuisance, odour or pollution. 10
21. Finally, the Andhra Pradesh Pollution Control Board filed the latest report dated 03.08.2024. It is submitted that the Environmental Engineer, Regional Office, Eluru collected ETP samples of Municipal Slaughter House, Eluru periodically and analyzed the same at Zonal Laboratory, Andhra Pradesh Pollution Control Board. The analysis report shows that all the parameters were meeting the standards on 31.08.2023. On 07.12.2023, all the parameters were meeting the standard except TDS. Similarly, on 16.05.2024 all the parameters were meeting the standard except BOD and COD. They have also collected groundwater samples within the slaughter house premises which were within the prescribed limits.
22. It is further submitted by Pollution Control Board that the slaughter house was operating with valid consent with validity up to 31.03.2025. They have also paid the Environmental Compensation of Rs. 2,04,000/- levied for operating without Consent to Operate for 51 days.
23. From the reports of the official respondents, it is evident that the slaughter house is complying with all the environmental norms. The Pollution Control Board is also periodically analyzing samples of the slaughter house.
24. The Municipal Corporation, Eluru has also paid the Environmental Compensation levied for operating without Consent to Operate and also complied with the recommendations made by the Joint Committee.
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25. In view of the above, no further direction is warranted as the Municipal Slaughter house is complying with environmental norms. Accordingly, the Original Application is disposed of.
............................................................J.M. (Smt. Justice Pushpa Sathyanarayana) .......................................E.M. (Dr. Satyagopal Korlapati) Internet - Yes/No All India NGT Reporter - Yes/No O.A. No.114/2023(SZ) 13th August, 2024. (AM) 12 Before the National Green Tribunal Southern Zone (Chennai) O.A. No. 114 of 2023 (SZ) Mr. Bachu Naga Venkatewara Rao Vs. State of Andhra Pradesh & Ors.
O.A No. 114/2023(SZ) 13th August, 2024. (AM) 13