Residents Have Right To Live In Clean & Hygienic Environment: Himachal Pradesh High Court Orders Closure Of Poultry Farm Near Residential Area

The High Court was considering a Petition seeking a direction to the respondent authorities to immediately close the poultry farm being run by the seventh Respondent at the distance of about 10 meters from the Well, about 50 meters from the house of the petitioner and less than 5 meter from the link road of the village, in a careless manner and without following the Environmental Guidelines for Poultry Farm.

The Single Bench of Justice Ajay Mohan Goel held, “The residents of nearby area have a right to live in a clean and hygienic environment and obviously, none can reside in an area, 50 metres away wherefrom, there is a poultry farm where thousands of birds are being reared.”

Advocate Naresh K. Sharma represented the Petitioner, while Additional Advocate General Rajpal Thakur represented the Respondent.

Factual Background

The petitioner is an Ex-servicemen and a resident of village Pathiar (Chatth). The seventh respondent, who was stated to have a criminal history, obtained a no-objection certificate for opening a Poultry Farm in contravention of the guidelines by allegedly appending the fraudulent signatures of one Laja Devi and Surender in the General House meeting. According to the petitioner, the respondent had opened the Farm, 50 metres away from his house, whereas the minimum distance of a Poultry Farm has to be 500 meters from a residential zone and 100 metres from any drinking water source. The petitioner claimed that despite objections having been raised in this regard, the authorities were not taking appropriate action against the respondent to close the Poultry Farm in issue.

Reasoning

On a perusal of the facts of the case, the Bench noted that the Poultry Farm was in close vicinity to the residential area, as the Poultry Farm was about 50-60 meters away from the house of the petitioner. The Poultry Farm in issue was set up in the year 2018. Referring to the environment guidelines for poultry farms, which were issued in January 2022, the Bench explained that in terms of Siting Criteria, the poultry farm has to be 500 metres away from a residential zone to avoid nuisance caused due to odour and flies.

Considering that in July, 2024, 6000 birds were found being reared in the poultry farm of the private respondent, which had not been denied by the private respondent, the Bench held that the poultry farm near the residential area cannot be allowed to operate. “The right to livelihood of respondent No.7 cannot overweigh the right to life of the petitioner and other similarly situated persons who are residing in the near vicinity of this poultry farm”, it added.

The Bench stated, “Therefore, a poultry farm of whatever size obviously has to be 500 metres away from the residential area so that there is no danger whatsoever either of foul smell or of any kind on account of such like poultry farms. The Siting Criteria has to be read accordingly, independent from the number of birds to determine which Poultry Farm is small, medium or large.”

Thus, allowing the petition, the Bench directed the respondents-Authorities are to ensure that the private respondent closes his Poultry Farm forthwith, and if he intends to run a Poultry Farm, he may do so by setting up a Poultry Farm 500 metres away from a residential area, as per law. “In order to shift the present birds to some other area, 30 days time is given to respondent No. 7”, it concluded.

Cause Tite: Chaman Lal v. State of H.P. through its Secretary (Panchayati Raj) (Neutral Citation: 2025:HHC:45666)

Appearance

Petitioner: Advocate Naresh K. Sharma

Respondent: Additional Advocate General Rajpal Thakur, Senior Advocate Peeyush Verma, Advocates Rahul Thakur, Ajay Sharma

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