In a significant intervention on environmental compliance and residents’ rights, the Himachal Pradesh High Court has stepped in to examine whether a poultry farm operating barely a few metres from residential houses could be permitted to continue, raising sharp questions on regulatory failure, misuse of permissions, and the true scope of environmental siting norms meant to protect public health.

The controversy began when a village resident and ex-serviceman approached the High Court alleging that a privately run poultry farm in Kangra district was functioning in blatant violation of environmental guidelines. The petitioner claimed the farm was located just 50 metres from homes and close to a drinking water source, causing unbearable foul smell, health hazards, and fear among villagers.

He accused local authorities of turning a “deaf ear” despite repeated complaints, and alleged that inspection reports were manipulated to shield the operator. The poultry farm owner, however, countered that the unit was lawfully established with due permissions, housed fewer than 5,000 birds, and fully complied with all norms, branding the complaints as motivated and false.

Scrutinising the record, the High Court focused on a crucial factual inconsistency: official inspection reports themselves showed that 6,000 birds were being reared at the site, and the farm stood merely 50–60 metres from residential abadi. Interpreting CPCB guidelines and NGT-backed environmental norms, the Court delivered a sharp rebuke to attempts at technical evasion. Rejecting the argument that distance norms depend on the number of birds, the bench observed, “It cannot be said that a poultry farm with 5,000 birds should be 500 metres away from a residential area, but one with 4,998 birds can be in the heart of a residential colony.” 

In a telling observation prioritising public health, the Court held, “The right to livelihood of respondent No.7 cannot overweigh the right to life of the petitioner and other residents.” Consequently, the High Court allowed the writ petition, quashed the impugned communications, and directed authorities to shut down the poultry farm forthwith, granting the operator 30 days only to relocate birds and re-establish the unit strictly 500 metres away from residential areas, if he so chooses.

Picture Source :

 
Siddharth Raghuvanshi