The High Court
Case Details
Order No. 14. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.4133 of 2023 Babaji Charan Mallik & Ors. State of Odisha & Ors. -versus- ….
Legal Reasoning
Petitioners Represented By Adv. Mr. D. N. Rath …. Opposite Parties Represented By ASC Mr. G.R.Mohapatra CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
ORDER 24.06.2024 1. This matter is taken up through hybrid arrangement. 2. The Petitioners have filed this Writ Petition challenging the inspection report dated 26.08.2022 which was supplied to the Petitioners on 30.09.2022 under Annexure-9. They further seeks a direction from this Court to the Opposite Parties to conduct the inspection strictly in accordance with the Central Pollution Control Board guidelines, August 2021 and also State Pollution Control Board Guidelines issued in this regard. 3. Heard learned counsel for the Parties. Page 1 of 6 // 2 // 4. Pursuant this Court’s order dated 24.11.2023, a report is submitted by the Court Commissioner Mr. A. K. Biswal wherein, it has been stated about the position of the poultry farm vide Para-5, which is extracted hereinbelow:- “XXX 5. That I have verified the distance of house of Pratap Kumar Jena, Pramod Kumar Jena which stands in the south side of this Nayak Broiler Farm at about 30 ft. distance. The house of Babaji Charan Mallik is situated on the east side of the Nayak Broiler Farm which is about 10 ft. distance from the Broiler farm. The village road is only in between the house of Babaji Charan Mallik and the Broiler Farm. In the west side of the farm there is a vacant land and Babaji Charan Mallik told that he is the owner of the land. In the north side of the farm vacant cultivable lands are there. The other houses of the village starts about 150 mtrs. Distance from the farm. I have also attached the photographs for kind perusal of this Hon’ble court. XXX” 5. He has mentioned the guidelines regarding the establishment of the Poultry farm vide Para-6, which is extracted hereinbelow:- “XXX 6. That I have also gone through the guideline issued in August, 2021 which is called as Environmental Guidelines for Poultry Farm and the subsequent Page 2 of 6 // 3 // farms under small category are guideline issued on 10.01.2022 in respect of the Poultry Farm by the Central Pollution Control Board (Ministry of Environment, Forest and Climate Change, Government of India), New Delhi. In 2021 guideline all the majors have been stated relating to the operation of the Poultry Farms as per the classification of the Small (5,000 to 25,000 birds), Medium (Above 25,000 to 1,00,000 birds) and Large (Above 1,00,000 birds). It is also stated that the Poultry in unorganized run by economically weaker farms and are of rural background. The same has been mentioned in Clause 4.0 of the August, 2021 guideline. In Clause 6.2 it has been mentioned relating to management of Solid Waste (Solid Wastes contents manure/litter, Hatcheri Debris and dead birds). In the said clause it has been categorically stated in Clause III relating to dead birds disposal wherein it has been stated relating to burial method and in the said Clause III(b) it has been stated relating to composting where it has been stated that the composting facility shall not be located within 300 mtrs. from the nearest dwelling and 100 mtrs. From any well or water course. In the said clause also other methods have been indicated. In Clause 7 it has been stated relating to sitting criteria relating to new poultry farms but nothing has been stated relating to the farm already established. In the said Clause 7 it has been categorically stated that the farm should have been situated 500 mtrs. from residential zone in order to avoid nuisance caused due to odour & flies, 100 mtrs. from major water course like River, Lakes, canals and drinking water source like wells, summer storage tanks, in order to avoid contamination due to Page 3 of 6 // 4 // for the Poultry leakages/spillages, if any, 100 m from national Highway (NH) and 50 m from State Highway (SH) in order to avoid nuisance caused due to odour & flies, 10-15 m from rural roads/internal roads/village pagdandis. The Poultry sheds should not be located within 10 m from farm boundary for cross ventilation and odor dispersion. Similarly, the guideline issued on 10.01.2022, the same fact has been stated in paragraphs 6.2, 7 and 4 as stated in the guideline of the year 2021. I have also gone through the guideline issued in October, 2015 issued by the Central Pollution Control Board to the Odisha Pollution Control Board which is called as the firm Environmental guidelines wherein in clause 2.1 it has been stated relating to minimization odour/causes pollution problem. In the said guideline in Clause 3 it has been mentioned relating to management of Solid Waste and in the said Clause it has also been stated relating to dead birds disposal and composting. In the said guideline the sitting criteria has been mentioned for new Poultry firm. In the said guideline it has been stated relating to establishment of new Poultry farm that the same should not be established within 500 mtrs. From residential zone, 200 mtrs. from major water course, 500 mtrs. from any major drinking water reservoir of catchment site, 100 mtrs. from any drinking water, 500 mtrs form nearby poultry, diary or any other livestock enterprises or industry, 150-200 mtrs. from National Highway, 100 mtrs from state highway and 0- 15 mtrs. from rural roads/internal roads/village pagdandis. It is also stated in the said criteria that the poultry shed should not be located within 10 mtrs. from firm boundary and on east to west direction. Page 4 of 6 // 5 // XXX” 6. In view of the above report, the Petitioner’s farm has been constructed in a teen shed which is quite adjacent to the village and there are two neighbours, who are deeply affected by the said position of the poultry farm. 7. Learned counsel for the Opposite Party No.6 further submits that in a joint inspection committee headed by the Chief District Veterinary officer and Pollution Control Board which had the opinion that the farm in this Case is of 4000 capacity and does not under Green category and hence need not be shifted from its present sitting position. 8. The observation of the inspection committee may have been given a No objection to the Opposite Party No.6- farm. But, considering the air pollution level and the filthy smell emitting out of the farm, it is expedient on the part of the Opposite Party No.6 to shift the poultry farm according to the aforesaid direction in accordance with law 9. In such view of the matter, the Petitioner is directed to shift the farm to the outer most village habitation within a period of three months which shall not be less than 500 meter. Further, the Opposite Party No.4/Tahasildar, Page 5 of 6 // 6 // Balipatna, Khordha is directed to monitor the shifting operation and the location of the site. 10. Accordingly, the Writ Petition is disposed of. Sumitra Judge (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Jun-2024 18:18:20 Page 6 of 6