Punjab and Haryana high court relief for company manufacturing 'fermented organic manure' from crop residue

CHANDIGARH: The Punjab and Haryana high court has stayed the proceedings against a private company, which is into the manufacturing of fermented organic manure from crop residue, in connection with the complaints filed against the company after collection of samples not found in accordance with the norms.
Justice Vinod S Bhardwaj of the HC has passed these orders while hearing a plea filed by M/s Sampuran Agri Venture Private Limited.
The petitioner company had sought directions to consider the samples which were taken by the authorities in Haryana in 2016-17 as per the latest notification of the government of India which for the first time has brought a new category of "fermented organic manure" in the Fertiliser Control Order, 1985.
The HC has also issued notice to the Haryana government seeking reply on the contentions raised by the petitioner company.
The petitioner had submitted that the said parameters for Fermented Organic Manure are totally different and have been added by the central government to encourage the practice of sustainable agricultural waste management throughout India.
Counsel for the petitioner, Sehej Sandhawalia informed that the company is the developer of a unique technology which produces fermented organic manure by utilising "paddy straw", which is usually burnt by the farmers across Punjab and Haryana creating multiple problems regarding environment pollution.
It was stated that the central government is promoting such products through a scheme known as "Gobar-Dhan" to teach the farmers to manage cattle and biodegradable crop waste (paddy straw).
She further argued that the central government has even taken away the requirement of obtaining licence and in spite of the amendments, the state of Haryana is continuing with the complaints which are based upon parameters required for "organic manure," whereas the petitioner company is dealing with a separate category "Fermented Organic Manure," which was never a part of the Fertilizer Control Order uptil 2020 for which the parameters have been widened in the year 2023.
The petitioner has alleged that all the samples which have been taken in the year 2016-17 have been assessed under random categories under the Fertilizer Control Order as there was no category of fermented organic manure.
Even earlier in the year 2016, a writ petition has been disposed whereby Haryana had taken the categoric stand that the matter is pending consideration with the centre and rather the sample test of these kinds of fermented organic manures on testing does not fall within the category of either fertilizer or insecticide.
The petitioner has also stated that the project of the petitioner has been developed in partnership with IIT Delhi perfectly fitting within the four corners of "Gobar-Dhan" scheme launched by the Ministry of Jal Shakti.
The petitioner has alleged that they have given a representation to withdraw the complaint and to clear the samples which are lying with them since the year 2016-17.
It has been argued that besides the above, the different samples of the same batch have been taken and when one of the complaints has been compounded by the court then multiple drawing of the samples and filing of the complaint itself is totally illegal in relation to the same batch.
It has also been argued that on one hand there is huge problem of stubble burning leading to serious environmental issues, especially in the NCR and the Supreme Court has already taken cognizance of the same and this kind of action by the state of Haryana is rather a great hindrance in the foreign investment in the same project.