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NGT Directs Pollution Board To Lay Down Guidelines For Management And Monitoring Of Environmental Norms By Dairies
The Principal Bench of the National Green Tribunal while hearing a matter concerning the generation and disposal of solid, liquid and gas waste carried on by dairy industries leading to the pollution of river Yamuna and contamination of the surrounding soil and air along with several other health hazards ordered the Central Pollution Control Board to provide a report and lay down appropriate guidelines for the management and monitoring of environmental norms by dairies in India and undertaking a study in that matter.
In an order of April 2019, the contention of the Delhi Pollution Control Committee (DPCC) that such matter did not fall within its purview was rejected by the Tribunal in view of the Committee's obligations under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution Act), 1981 and the Environment (Protection) Act, 1986. The DPCC had been asked to prosecute the polluters and to recover compensation for restoration of the environment from them. Moreover, the South and North Delhi Municipal Corporations had also been asked to pay Rs. 10 lakhs each.
In pursuance of that order, a report had been filed before the tribunal on 3rd July, 2019 wherein it was stated that the DPCC had imposed compensation on Municipal Corporations apart from the concerned dairies. While passing the order in the instant case, it was observed that the DPCC was avoiding its statutory responsibility under the Air Act, Water Act and with a view to cover up their inactions, was passing the order of imposition of fines on other statutory bodies without any jurisdiction.
The tribunal further observed that the DPCC had no authority to recover compensation for any alleged inaction by such statutory authorities. The DPCC itself was authorized to enforce the Water (Prevention and Control of Pollution) Act, 1974 or Air (Prevention and Control of Pollution) Act, 1981, not any other statutory body. Neither can local bodies fine DPCC for its utter failure, nor can DPCC also cannot shift its onus and responsibility to local bodies and absolve from its responsibility, noted the Court.
The dairy industry is covered under 'Orange category' according to a circular issued by the Ministry of Environment, Forest and Climate Change on 5th March 2016. Despite this no guidelines existed for management and rearing of livestock even though it is a major source of methane emissions.
The Tribunal ordered the CPCB to undertake a study to emphasize the need to expand the scope of remedying the compliance of environmental norms by dairies and to lay down appropriate guidelines for management and monitoring the same throughout India and furnishing a report before the next date. Also local bodies in all the States/ UTs were directed to file an inventory of dairies in their respective jurisdiction so that state PCB could compile such information in their respective reports furnished to CPCB.
Finally, disposing the matter the Court ordered for the forfeiture of the performance guarantee in pursuance of its previous order of April 2019 due to failure by the concerned authorities and also stated that it may consider further coercive measures if the failure continued on the next date.
