In a landmark judgment that underscores the constitutional primacy of a clean environment, the Himachal Pradesh High Court has ordered the immediate shutdown of a poultry farm in Kangra district. The court ruled that the facility, operating a mere 50 metres away from residential houses, posed a significant threat to the health and well-being of local residents.
Court's Verdict: A Clean Environment is Fundamental
Justice Ajay Mohan Goel, presiding over the case, delivered a clear and forceful verdict. The court held that the right to livelihood of the poultry farm owner cannot prevail over the fundamental right to life of the petitioner and other residents living nearby. The judgment, pronounced on January 1, 2026, reinforces the principle that every citizen has an inherent right to live in a hygienic and pollution-free atmosphere.
"The residents of the 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," the court observed in its order. This statement formed the core of the judicial reasoning, placing public health above commercial interests.
The Legal Battle: Ex-Serviceman vs. Poultry Farm
The case was initiated by a petitioner, an ex-serviceman, who challenged the operation of the poultry farm located dangerously close to his home. He argued that the farm was established in blatant violation of the Central Pollution Control Board (CPCB) guidelines. These national regulations mandate that poultry farms must be situated at least 500 metres away from residential zones and 100 metres from drinking water sources.
The petitioner alleged that the No Objection Certificate (NOC) for the farm was obtained by flouting these very rules. He presented complaints about the unbearable stench of bird excreta permeating the area, the discharge of wastewater into nearby drains, and even unregulated slaughtering activities on the premises. Despite repeated complaints and inspection reports confirming the violations, the local authorities had failed to take decisive action, compelling the resident to seek judicial intervention.
In defence, the counsel for the farm owner argued that the business was operating in strict compliance with all guidelines and that the petitioner, a relative, was engaging in a campaign of harassment. The owner's right to earn a livelihood through this poultry business was strongly emphasised.
Inspection Findings and Final Order
The court's decision was heavily influenced by the factual findings from an inspection report. The report confirmed that the poultry farm was approximately 50-60 metres from the petitioner's house, about 50 metres from a village link road, and 300-350 metres from a water source. Most damningly, it revealed that the farm was rearing around 6,000 birds at the time of inspection in July 2024.
Given these undeniable facts and the admitted proximity to a residential cluster, Justice Goel found the operation of the farm untenable. The court ordered its immediate closure. However, it provided a pathway for the respondent, stating that if the owner wishes to run a poultry farm, he is at liberty to set up a new unit at a permissible distance of 500 metres away from any residential area.
This judgment sets a significant precedent for similar disputes across India, where rapid urbanisation and commercial expansion often encroach upon residential spaces. It firmly establishes that environmental health and the right to life, as enshrined in Article 21 of the Constitution, are non-negotiable and will take precedence in conflicts with economic activities.
