Observing that "Even if consent to operate is not required, action can be and must be taken when pollution is caused or siting criteria is violated," the Principal Bench of National Green Tribunal directed the Uttar Pradesh Pollution Control Board, to stop polluting activities and recover compensation on 'polluter pays' principle from, poultry farms being illegally operated in Shamli district.
The bench led by Chairperson Adarsh Kumar Goel while hearing a petition filed by one Sundr in which it is alleged that "In spite of various complaints, no action has been taken. Ammonia gas is being emitted from the waste material of the poultry farms. The farm has 30,000 birds and 2 units of commercial layers having capacity of 10,000 birds each and the same is 20 mts. away from the public road and close to school. The odour of the pollution is affecting the health of the children." The farms are operated by Chandrabhan and Chandrapal.
As per an earlier order the NGT had sought for an action taken report from the authorities. The report dated August 28, filed in the NGT said "The Units are within 100 mts. of the highway and habitation and within 150 mts. from the school. Poultry farms with less than 1,00,000 birds do not require consent to operate but directions are required to be issued to the units to take steps for minimization of odour pollution, management of solid waste, management of waste water discharge and good housekeeping practice."
The State PCB has been directed to file further action taken report, through email within one month, before the NGT. The matter will be further heard on November 27.