Court Upholds Residents' Right to a Clean Environment, Mandates Poultry Farms Maintain a 500-Meter Distance from Residential Areas
In a significant ruling that emphasizes the importance of environmental protection and public health, the Himachal Pradesh High Court has ordered the closure of a poultry farm operating in violation of environmental guidelines. The farm, located in Village Pathiar (Chatth), District Kangra, was found to be operating within 50 meters of residential areas, contrary to the mandated 500-meter distance outlined in the guidelines for poultry farms.
The judgment, delivered by Justice Ajay Mohan Goel, came in response to a writ petition filed by Chaman Lal, a resident of the area, who argued that the proximity of the poultry farm to residential homes posed a serious threat to the health and hygiene of the community. The petition highlighted issues such as foul odor, the risk of disease transmission, and the psychological stress faced by residents due to the farm's operations.
The court scrutinized the Central Pollution Control Board (CPCB) guidelines, which stipulate that poultry farms must be located at least 500 meters away from residential zones to prevent nuisance from odor and flies. The court found that the poultry farm in question housed over 6,000 birds, exceeding the threshold for small poultry farms, and was thus in clear violation of the siting criteria.
In its judgment, the court emphasized that the right to livelihood of the poultry farm owner cannot supersede the right to a clean and hygienic environment for residents. The ruling underscores the principle that environmental and public health considerations must take precedence in regulatory compliance.
The court directed the authorities to ensure the immediate closure of the poultry farm and granted the owner, Respondent No. 7, a 30-day period to relocate the birds to an appropriate location that complies with the established guidelines. The decision was hailed by local residents and environmental advocates as a victory for community rights and environmental justice.
Bottom Line:
Environmental Law - Poultry Farm - Siting criteria for poultry farms must be adhered to irrespective of the number of birds being reared - Poultry farms must be located at least 500 meters away from residential areas to ensure a clean and hygienic environment for residents.
Statutory provision(s): Environmental Guidelines for Poultry Farms, Right to Clean Environment, CPCB Guidelines on Poultry Farms, Water Act, 1976
Chaman Lal v. State of H.P., (Himachal Pradesh) : Law Finder Doc Id # 2829603
