Sushil Kumar vs State Of Himachal Pradesh & Others

Tarlok Singh Chauhan, J

The instant petition has been filed for the grant of following substantive reliefs:

(1) That writ of mandamus may kindly be issued, directing the respondent authorities to immediately close the poultry farm being run by respondent No. 8 within the distance of 50 meters from the house of the petitioner in Village Thehru, P.O. Bhallad, Tehsil Jawali, District Kangra, H.P. without obtaining the No Objection Certificate from the Pollution Control Board as well as Gram Panchayat concerned.

(2) That heavy penalty may kindly be imposed upon the respondent No. 8, since due to the illegal poultry farm run by respondent No. 8, the petitioner and other residents of his village are compelled to live miserable life.

(3) That strict action may kindly be taken against the respondent No. 8 for running the poultry farm in gross violation of the law as well as against the conditions set by the Pollution Control Board."

This Court, on 28.10.2020, passed the following order:

"On 16.10.2020, we passed the following order:

"Notice. Mr. Vikas Rathore, learned Additional Advocate General and Mr. Vir Bahadur Verma, learned Standing Counsel, appears and waives service of notice on behalf of respondents No.1 & 3 to 7 and respondent No. 2, respectively. Dasti notice be issued for service of respondent No.8, returnable on 28.10.2020, on taking steps within two days.

Reply on behalf of the appearing respondents be filed before the next date of hearing.

In the meanwhile, respondent No.2 is directed to inspect the premises of respondent No.8, w here the poultry farm is alleged to be running and submit a report with regard to the factual and legal position on the nexte date of hearing.

List on 28th October, 2020.

Authenticated copy of this order be supplied to learned counsel for the parties by the Court Master."

In compliance to the aforesaid directions, respondent No.2 has filed inspection report, which reveals that the Poultry Farm is not registered from the local body i.e. Gram Panchayat of the area it having more than 1 lac birds, which is in violation of the provisions of Environment (Protection) Act, 1986 and Air (Prevention & Control of Pollution) Act, 1981 constituting a cognizable offence punishable under Section 15 of the Environment (Protection) Act, 1986 attracting fine upto R s. 1 lac and imprisonment upto five years or action as provided under the Air (Prevention & Control of Pollution) Act, 1981.

In this view of the matter, in addition to the action, which may be initiated by respondent No. 2, respondent No. 8 is restrained from purchasing any poultry (chicken eggs etc.) till the next date of hearing. However, it shall always be open to respondent No. 8 to apply for necessary permission(s) and complete requisite formalities as required under the law.

List on 9.12.2020. Reply in the meanwhile."

In compliance to the aforesaid order, the respondents, through the learned Advocate General, have placed on record instructions dated 4th December, 2020, the relevant portion whereof reads as under:

"As far as conducting of enquiry by the respondent No. 5 i.e. Deputy Director Animal Health/Breeding Kangra at Dharamshala, District Kangra is concerned it is submitted that on receiving the complaint through E-Samadhan in the Department, the respondent No. 4 i.e. Director, Animal Husbandry Shimla-5 had directed the respondent No. 5 i.e. Deputy Director Animal Health/Breeding Kangra at Dharamshala, District Kangra to conduct the enquiry in the matter and it has been found that the respondent No. 8 has not taken NOC neither from the respondent No. 2 i.e. Himachal Pradesh State Pollution Control Board, nor from the respondent No. 7 i.e. Gram Panchayat Ambal, District Kangra, H.P."

It is thereafter that the petitioner filed CMP No. 3500 of 2021 with a prayer that strict action be taken against respondents No. 6 and 8, who may be directed to remove the dead chicken from the poultry farm immediately.

Today, the learned Advocate General has placed on record instructions dated 30.03.2021, the relevant portion whereof reads as under:

"In compliance to above referred letter the undersigned visited the spot of poultry farm along with Sr. Veterinary Officer Jawali on dated 26.03.2021. The poultry farm was found to be closed with no live birds. Also no foul smell etc. was detected at the place. After the visit of poultry farm the team (undersigned, Sr. Veterinary Officer & Revenue Officials) visited the nearby houses to enquire about the issue related to the poultry farm. The locals stated that this poultry farm was closed from last three four months and statement to this effect was recorded from Sh. Amin Chand s/o Sh. Achar Ram r/o Mahal Thehru Mouza Ambal, Tehsil-Jawali, District Kangra (H.P)(who is the father of complainant). He stated tht the poultry farm has been closed from last three four months. The team again visited the spot along with Sh. Amin Chand who pointed out about the issue of cleanliness of the poultry farm as per the verbal discussion he suspected that there may be 10 to 15 dead birds or their remains in the poultry farm. Subsequently, the owner of the poultry farm was directed vide this office letter No. SDJ/Reader/4600 Shushil Kumar vs. State-313 dated 27.03.2021 to do proper cleaning of the poultry farm along with proper disposal of dead birds/remains and comply with order within two days. Today on 30.03.2021 the owner of Poultry farm Sh. Aathish Kumar s/o Sh. Attar Singh r/o Village Bhalera, P.O- Bhallad, Tehsil-Jawali, Distt.Kangra(H.P) submitted vide letter No. nil dated 30.03.2021 that he has disposed all the dead birds as per protocol and now the poultry farm is neat and clean and there are no birds alive or dead as confirmed by the Revenue Official. This is submitted for kind information and further necessary action please."

Now, that there is no foul smell or dead/alive birds available at the site, we deem it proper to dispose of the instant petition by directing the respondents to ensure that no business of poultry is carried- on by any person/authority, in contravention to the provisions of the law and as regards the grievance of the petitioner qua the private respondent herein, it shall always be open to him to seek such remedy against them, as is available to him, under the law.

Pending application(s), if any, stand(s) disposed of.