| File Note: |
In reference to the clarification raised by your good-self, the point wise reply is as under:-
1) The poultry farm has been established in the year 2018, at that time guidelines issued by the CPCB vide its notification no. B-4032/PCI-SSI/Poultry/2015/13165 dated 20.10.2015 were applicable.
The siting criteria were as under:
• The poultry farm should not be located within:
I. 500 m from residential zone
II. 200 m from major water course like River, Lake and Canals
III. 500 m from any major drinking water reservoir on catchment side.
IV. 100 m from any drinking water source like wells, summer storage tanks, other tanks
V. 500 m from nearby poultry, dairy or another livestock enterprises or industry
VI. 150-200 m from National Highway (NH)
VII. 100 m from State Highway (SH)
VIII. 10-15 m from rural roads/internal roads/village pagdandis
• The poultry sheds should not be located within 10 m from farm boundary
• The poultry sheds should be positioned on East to West direction at least 2 m above the water table at least 0.5 m above ground level.
As per the previous records, the last NOC applied by the poultry farm was refused due to the reason due to the following reasons:-
a. The proposed site of the poultry farm is located in the revenue estate of village Nangal on a link road connecting Village Karamgarh with Village Sherpur.
b. The boundaries of poultry shed already constructed are located within 10 mtr distance from farm boundary.
c. There is an existing rice sheller unit (industry) namely M/s R.L Agro Industries, which is located at a approximate distance of 420 mtr from the nearest boundary of the said poultry farm.
However, the poultry farm was meeting with remaining other above guidelines.
2) Thereafter, the poultry farm had applied for NOC in the year 2018 & 2019, but same applications were returned to it due to incompletion. Now, the poultry farm has applied for the fresh consent to operate under the Water Act, 1974 and the Air Act, 1981. Now, the CPCB in January, 2022 has issued the revised guidelines for the operation and setting up of a poultry farm. The poultry farm was visited by the undersigned on 15.05.2024 and found that
i. There is no residential zone/houses, zoo sanctuary in the radius of approx. 500 mtr from the site of the poultry farm.
ii. There is no any water body like river, lakes, canals and drinking water source like wells, summer storage tanks in the radius of approx. 200 mtr.
iii. There is no State Highway / National Highway in the radius of approx. 100 mtr from the site of the poultry farm.
iv. The poultry sheds now has been constructed more than 10 mtr from the road passing in front of the poultry farm.
v. The distance of the road from the poultry sheds has been also mentioned in the revenue report i.e. Shed of the poultry farm is 10 mtr away from main road. The owner of the poultry farm in this regard had submitted that after the refusal of earlier NOC in 2018, it had reconstructed and shifted the sheds more than 10 mtr from the road, so as to meeting with the guidelines.
vi. As per the CPCB 2015 & 2022 guidelines the poultry sheds should not be located within 10 mtr from farm boundary for cross ventilation and odour dispersion. In this case, the boundary of the poultry farm has been constructed with jalis/mesh of mild steel from 3 sides and distance of this boundary from poultry shed is less than 10 mtr. At the fourth side the poultry farm has its offices and has constructed brick wall boundary and distance of this wall from the poultry sheds is more than 30 mtr. Hence, the poultry farm has provided proper cross ventilation. Also, during last two visits to the poultry farm, on 07.02.2024 and 15.05.2024 no significant smell and flies were observed inside and outside the poultry farm. Adjoining the poultry farm, there is agricultural land.
vii. There is no other poultry, dairy or another livestock enterprises or industry within the 500 mtr of the site. However, there is one rice sheller namely M/s R.L Agro Industries at the distance of around 420 mtr and one small Pharmaceutical unit namely M/s Alexis Pharmaceutical at the distance of around 410 mtr from the site of poultry farm. There is also one rice sheller namely M/s Shree Balaji Industries located opposite to the poultry farm at the distance of around 35-40 ft. from the poultry farm, however, this rice sheller has been established after the poultry farm. As per CPCB 2015 guidelines, poultry farm should be located 500 m away from nearby poultry, dairy or another livestock enterprises or industry. However, from the latest siting guidelines issued by the CPCB in 2022, this clause has been withdrawn. Moreover, there is no poultry, dairy and livestock enterprises/ industry within the 500 mtr of the poultry farm and above industrial units are not covered under livestock enterprises/industry.
The guidelines issued by the CPCB in 2015 & 2022 are enclosed herewith.
In view of above, it is recommended that Legal opinion be taken from the SLO, Patiala so as to decide the consent application as per law, please.
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