National Green Tribunal
Pardeep Kumar vs Central Pollution Control Board on 3 August, 2022
Item No.02 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.329/2022
Pardeep Kumar ...Applicant
Versus
Central Pollution Control Board
& Ors. ...Respondents
Date of hearing: 03.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Vinay Godara, Advocate.
Respondent: Mr. Utsav Sharma, Regional Officer, UPPCB.
Mr. Pradeep Mishra, Advocate for UPPCB.
Application under Section 14 and 15 of the National Green Tribunal Act, 2010.
ORDER
1. The applicant has filed the present application under Sections 14 and 15 of the National Green Tribunal Act 2010 on the averments that respondents no. 4 and 5 brick kilns are being run in violation of the Uttar Pradesh Brick Kilns Criteria (Siting Criteria for Establishment Rules, 2011).
Both the brick kilns are located within one km radius from the residential area and 100 meters radius from the main District road and are using inappropriate fuel for burning of bricks besides banned substances like rubber, plastic etc. They are still not operating with zig zag pattern and are flouting all the norms, rules and regulations. No multi-layer and multi-storey 10 meters green belt has been constructed. Due to running on old traditional method i.e. Bull trenching Kiln firing method, these brick kilns are emitting black colour smoke with poisonous gases along with soot which gets deposited on clothes, roofs, plants and are causing severe air, water and soil pollution O. A. No. 329/2022 Pardeep Kumar Vs. Central Pollution Control Board & Ors.
-2-creating respiratory problems for the inhabitants of the area. The applicant made complaints to the concerned authorities but no action has been taken.
2. Vide order dated 11.05.2022, this Tribunal constituted the Joint Committee comprising of State PCB and District Magistrate, Shamli and directed the same to submit factual and action taken report within two months.
3. In compliance thereof, the Joint Committee visited the brick kilns on 02.06.2022 and has submitted report vide E-mail dated 30.07.2022. The relevant part of the report is extracted hereunder:-
"3.0 JOINT INSPECTION OF M/s NAVBHARAT BRICK FIELD, VILL. BAMNOLI (UNCHA GAON), BLOCK KANDHLA, DISTT. SHAMLI In compliance to said orders of the Hon'ble NGT dated 11.05.2022, a joint team of officials from UPPCB, and District Administration, Shamli visited the Brick Kiln on dated 02.06.2022. A: General Information : M/s Navbharat Brick Field, Vill. Bamnoli (Uncha Gaon), Block Kandhla, District Shamli
1. Date of Inspection: 02.06.2022
2. Name of the unit with complete postal address M/s Navbharat Brick Field, Vill.
Bamnoli (Uncha Gaon), Block Kandhla, District Shamli
3. Geo Co-ordinates Latitude - 29.351518 Latitude and longitude (in Decimal format Longitude- 77.234117 only)
4. Year of commissioning 2010
5. Production Capacity Red Bricks 9 Lac Nos. per cycle
6. Raw Material Sand, Soil and Water
7. Consent status & its Validity with date Air Consent Water consent Air Consent valid up to 31.12.2017 Water consent valid up to 31.12.2017 (Annexure-1)
8. Operational status during visit Operational
9. Water Consumption As per Brick Kiln representative :
Domestic - 2 KLD Process - 5 KLD
10. Effluent Generation Domestic - 1.5 KLD Industrial - 0.0 KLD
11. Stack Height 30 M. high from ground level
12. Zig-Zag Status (Rectangular shape/Zig- Zag brick Rectangular in Shape, ID Fan setting/ID Fan installed Brick setting not found in Zig-Zag pattern O. A. No. 329/2022 Pardeep Kumar Vs. Central Pollution Control Board & Ors.
-3-13. Fuel used Wood & Coal
14. Kiln distance from habitation (>0.8 km), Vill. Uncha Gaon Distance 650 M. Orchards (>0.8 km), Existing brick kiln(s) (>1 km) Existing Brick Kiln Distance 730 M.
15. Fugitive Dust emission control Not found measures
16. In-house utilization of ash in brick making No
17. Necessary approvals for extracting soil YES
18. Paving of Roads NO 3.1 Observations during the visit on 02.06.2022 by the joint team of UPPCB and District Administration, Shamli:
General
1. The Brick Kiln M/s Navbharat Brick Field, Vill. Bamnoli (Uncha Gaon), Block Kandhla, District Shamli found operational and was engaged in producing Red Bricks 9.00 Lacs per cycle by using Sand, Soil and Water as Raw Material.
2. Brick kiln found operational with Induced Draught with 30 M. high vertical stack and rectangular in shape. At the time of inspection, it is found that the raw bricks filling pattern was not in Zig-zag technique.
Compliance status under Water (Prevention & Control of Pollution) Act, 1974
1. Brick kiln had valid Water consent to operate upto dated 31.12.2017 from UPPCB. During joint committee visit, brick kiln found operational without having valid consent to operate.
2. At the time of inspection, Brick Kiln representative intimated that total water consumption is about 7.0 KLD, out of that 2.0 KLD water used in domestic purposes which is being disposed through septic tank, rest 5.0 KLD water used for sprinkling/raw bricks moulding etc.
3. At the time of inspection, no arrangement found for fugitive dust control.
Compliance status under Air (Prevention & Control of Pollution) Act, 1981
1. Brick kiln had valid Air consent to operate upto dated 31.12.2017 from UPPCB. During joint committee visit, brick kiln found operational without having valid consent to operate.
2. Earlier during visit on dated 27.04.2019, brick kiln found operational. As brick kiln found non-complying the provision of Air (Prevention & Control of Pollution) Act 1981 as amended, recommendation for closure sent to head office, UPPCB, Lucknow vide office letter no. 142/C/Brick/MZR/2019 dated 29.04.2019. In response closure direction issued by UPPCB under section 31A of Air (Prevention & Control of Pollution) Act 1981 as amended vide letter no. H36726/C-3/Vayu-373/M.Nagar/ 2019 dated 31.05.2019 which is effective till now. Copy enclosed as Annexure-2. Further, environmental compensation of Rs. 4,06,250/- has been also imposed O. A. No. 329/2022 Pardeep Kumar Vs. Central Pollution Control Board & Ors.
-4-vide letter no. H44054/C-3/ Vayu-373/M.Nagar/2019 dated 21.11.2019. Copy enclosed as Annexure-3. As per the office record, no information is available regarding deposition of environmental compensation.
3. As per the Hon'ble NGT order, during joint committee inspection on dated 02.06.2022 brick kiln found operational, for ensuring the compliance of provisions of Air (Prevention & Control of Pollution) Act 1981 as amended, joint committee sealed I.D. Fan and filled the firing chamber with water so that operation of brick kiln may be stopped. Onsite report is enclosed as Annexure-4.
4. As ladder and platform not found adequate enough, stack monitoring can not be done during joint committee visit.
5. As brick kiln found non-complying of Notification of MoEF&CC dated 22.02.2022 and the order of Hon'ble Supreme Court of India dated 07.03.2022 in Civil Appeal Diary No. 18213/2021 titled as NCR Brick Kiln Association Vs Central Pollution Control Board & Others, recommendation for prosecution under Air (Prevention & Control of Pollution) Act 1981 as amended of Section 39, imposition of Environmental Compensation amounting Rs. 6,87,500/- and recovery of earlier imposed E.C. amount Rs. 4,06,250/- as land revenue has been sent to Head Office UPPCB, Lucknow vide office letter no. 274/C/Brick/Shamli/2022 dated 10.06.2022. Copy enclosed as Annexure-5.
3.3 CONCLUSIONS a. Brick kiln found violating the provision of Air (Prevention & Control of Pollution) Act 1981 as amended again and again during the visits.
b. Brick kiln non-complying of Notification of MoEF&CC dated 22.02.2022 and the order of Hon'ble Supreme Court of India dated 07.03.2022 in Civil Appeal Diary No. 18213/2021 titled as NCR Brick Kiln Association Vs Central Pollution Control Board & Others. c. Brick kiln found non-complying the closure order issued by UPPCB dated 31.05.2019.
3.4 RECOMMENDATIONS FOR M/s NAVBHARAT BRICK FIELD, VILL. BAMNOLI (UNCHA GAON), BLOCK KANDHLA, DISTT. SHAMLI Based on the present joint visit on 02.06.2022, following are recommended for compliance:
a. Brick kiln shall ensure not to resume its production in compliance of Air (Prevention & Control of Pollution) Act 1981 as amended till the next order from UPPCB, b. Brick kiln shall ensure the order of Hon'ble Supreme Court of India dated 07.03.2022 in Civil Appeal Diary No. 18213/2021 titled as NCR Brick Kiln Association Vs Central Pollution Control Board & Others.
c. Brick kiln shall ensure closure direction issued by UPPCB on dated 31.05.2019.
d. Brick kiln shall ensure to submit Environmental Compensation of Rs. 4,06,250/-.
O. A. No. 329/2022 Pardeep Kumar Vs. Central Pollution Control Board & Ors.-5-
e. Brick kiln shall ensure the compliance of further orders issued by the UPPCB.
4.0 JOINT INSPECTION OF M/s SHIV BRICK FIELD (FORMERLY M/s. CHAUDHARY BRICK FIELD), VILL. ASADPUR JIDANA, BLOCK KANDHLA, DISTRICT SHAMLI.
In compliance to said orders of the Hon'ble NGT dated 11.05.2022, a joint team of officials from UPPCB, and District Administration, Shamli visited the Brick Kiln on dated 02.06.2022. A: General Information : M/s Shiv Brick Field (Formerly M/s. Chaudhary Brick Field), Vill. Asadpur Jidana, Block Kandhla, District Shamli.
1. Date of Inspection: 02.06.2022
2. Name of the unit with complete M/s Shiv Brick Field (Formerly M/s. postal address Chaudhary Brick Field), Vill. Asadpur Jidana, Block Kandhla, District Shamli.
3. Geo Co-ordinates Latitude - 29.345844 Latitude and longitude (in Longitude- 77.237975 Decimal format only)
4. Year of commissioning 2010
5. Production Capacity Red Bricks 8 Lac Nos. per cycle
6. Raw Material Sand, Soil and Water
7. Consent status & its Validity with date Air Consent valid up to 31.07.2025 Air Consent Water consent valid up to 31.07.2025 Water consent (Annexure-6)
8. Operational status during visit Operational
9. Water Consumption As per Brick Kiln representative :
Domestic - 2 KLD Process - 5 KLD
10 Effluent Generation Domestic - 1.5 KLD Industrial - 0.0 KLD 11 Stack Height 30 M. high from ground level 12 Zig-Zag Status (Rectangular shape/Zig- Rectangular in Shape, ID Fan installed Brick setting Zag brick setting/ID Fan found in Zig-Zag pattern 13 Fuel used Wood & Coal 14 Kiln distance from habitation (>0.8 Vill. Asadpur Jidana Distance 500 M. Existing Brick km), Orchards (>0.8 km), Existing brick Kiln Distance 730 M. kiln(s) (>1 km) 15 Fugitive Dust emission control Not found measures 16 In-house utilization of ash in brick No making 17 Necessary approvals for extracting soil Yes 18 Paving of Roads No 4.1 Observations during the visit on 02.06.2022 by the joint team of UPPCB and District Administration, Shamli:
General O. A. No. 329/2022 Pardeep Kumar Vs. Central Pollution Control Board & Ors. -6-
1. The Brick Kiln M/s M/s Shiv Brick Field (Formerly M/s. Chaudhary Brick Field), Vill. Asadpur Jidana, Block Kandhla, District Shamli found operational and was engaged in producing Red Bricks 8.00 Lacs per cycle by using Sand, Soil and Water as Raw Material.
2. Brick kiln found operational with Induced Draught with 30 M. high vertical stack and rectangular in shape and raw bricks filling pattern was in Zig-zag technique.
Compliance status under Water (Prevention & Control of Pollution) Act, 1974
1. Brick kiln had valid Water consent to operate upto dated 31.07.2025 from UPPCB. During joint committee visit, brick kiln found operational.
2. At the time of inspection, Brick Kiln representative intimated that total water consumption is about 7.0 KLD, out of that 2.0 KLD water used in domestic purposes which is being disposed through septic tank, rest 5.0 KLD water used for sprinkling/raw bricks moulding etc.
3. At the time of inspection, no arrangement found for fugitive dust control.
Compliance status under Air (Prevention & Control of Pollution) Act, 1981
1. Brick kiln had valid Air consent to operate upto dated 31.07.2025 from UPPCB. During joint committee visit, brick kiln found operational.
2. As per the Hon'ble NGT order, during joint committee inspection on dated 02.06.2022 brick kiln found operational, for ensuring the compliance of provisions of Air (Prevention & Control of Pollution) Act 1981 as amended, joint committee sealed I.D. Fan and filled the firing chamber with water so that operation of brick kiln may be stopped. Onsite report is enclosed as Annexure-7.
3. As ladder and platform not found adequate enough, stack monitoring can not be done during joint committee visit.
4. As brick kiln found non-complying of Notification of MoEF&CC dated 22.02.2022 and the order of Hon'ble Supreme Court of India dated 07.03.2022 in Civil Appeal Diary No. 18213/2021 titled as NCR Brick Kiln Association Vs Central Pollution Control Board & Others, recommendation for under Air (Prevention & Control of Pollution) Act 1981 as amended of Section 31A and imposition of Environmental Compensation amounting Rs. 6,87,500/- has been sent to Head Office UPPCB, Lucknow vide office letter no. 278/C/Brick/Shamli/2022 dated 10.06.2022. Copy enclosed as Annexure-8.
3.3 CONCLUSIONS a. Brick kiln non-complying of Notification of MoEF&CC dated 22.02.2022 and the order of Hon'ble Supreme Court of India dated 07.03.2022 in Civil Appeal Diary No. 18213/2021 titled as NCR Brick Kiln Association Vs Central Pollution Control Board & Others. 3.4 RECOMMENDATIONS FOR M/s. SHIV BRICK FIELD (FORMERLY M/s. CHAUDHARY BRICK FIELD), VILL. ASADPUR JIDANA, BLOCK KANDHLA, DISTRICT SHAMLI O. A. No. 329/2022 Pardeep Kumar Vs. Central Pollution Control Board & Ors.
-7-Based on the present joint visit on 02.06.2022, following are recommended for compliance:
a. Brick kiln shall ensure not to resume its production in compliance of Air (Prevention & Control of Pollution) Act 1981 as amended till the next order from UPPCB. b. Brick kiln shall ensure the order of Hon'ble Supreme Court of India dated 07.03.2022 in Civil Appeal Diary No. 18213/2021 titled as NCR Brick Kiln Association Vs Central Pollution Control Board & Others.
c. Brick kiln shall ensure the compliance of further orders issued by the UPPCB."
4. We have gone through the report. In the report it has been mentioned that both the brick kilns are not complying with environmental laws/norms.
M/s Navbharat Brick Field, Village Bamnoli (Uncha Gaon), Block Kandhla, District Shamli was found operational despite closure order dated 31.05.2019 issued by UPPCB. Even though environmental compensation of Rs. 406250/-
was imposed on above said brick kiln vide order dated 21.07.2019 but no effective steps appear to have been taken for recovery of the same. In the report of the Joint Committee, it has been mentioned that recommendations have been made by Regional Officer, Uttar Pradesh Pollution Control Board (UPPCB) to State Pollution Control Board for imposition of environmental compensation of Rs. 6,87,500/- each on both the brick kilns. In the report, it has also been mentioned that the Joint Committee sealed ID fan and filled the firing chamber with water so that operation of the brick kiln may be stopped. The State PCB would have taken proper measures for compliance with the environmental laws/norms rather than filling firing chamber with water. It also appears that no effective action has been taken by State PCB against the brick kilns for violations of the rules, regulations and environmental norms in compliance with the directions issued by this Tribunal and also directions issued by Hon'ble Supreme Court and the brick kilns have been allowed to operate illegally without requisite compliance. The State PCB is directed to take appropriate remedial action including closure of the brick kilns, imposition and realization of the environmental compensation and prosecution of the proprietors by following due process of law and submit further Action Taken O. A. No. 329/2022 Pardeep Kumar Vs. Central Pollution Control Board & Ors.
-8-Report within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
5. Notice, alongwith the application and report of the Joint Committee be issued to the respondents no. 1, 2, 4 and 5 requiring them to file their response/reply to the allegations made in the application/observations made in the report of the Joint Committee within two month at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
6. List for further consideration on 28.11.2022.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM August 03, 2022 AG