National Green Tribunal
Shailesh Singh vs Environment Pollution Prevention And ... on 9 July, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 05 to 08 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 125/2019
(With report dated 30.06.2020)
Vikas Singh Applicant(s)
Versus
Uttar Pradesh Pollution Control Board & Ors. Respondent(s)
AND
Original Application No. 550/2019
Rajbeer Singh Applicant(s)
Versus
State of Uttar Pradesh Respondent(s)
AND
Original Application No. 792/2019
Rajbeer Singh Applicant(s)
Versus
State of Uttar Pradesh Respondent(s)
AND
Original Application No. 47/2018
Shailesh Singh Applicant(s)
Versus
Environment Pollution (Prevention & Control)
Authority (E.P.C.A.) & Ors. Respondent(s)
Date of hearing: 09.07.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Respondent(s): Mr. Daleep Dhyani, Advocate for UPPCB
1
ORDER
1. The issue for consideration is the remedial action against illegal operation of brick kilns in District Baghpat, U.P. where 600 brick kilns are illegally operating.
2. The applicant has alleged that all the brick kilns are located within 50 to 500 meters East or West of the village habitations resulting in Cancer and Asthma to 40% inhabitants. The applicant has relied upon a news item dated 08.12.2018 in Amar Ujala referring to a statement by District Magistrate and other news items in support of the allegation.
3. Vide order dated 13.08.2019, a report was sought from the District Magistrate, Baghpat and Uttar Pradesh Pollution Control Board (UPPCB).
4. The matter was thereafter considered further on 26.11.2019 in the light of report dated 19.11.2019 as follows:
"2. Accordingly, report has been filed by the joint Committee on 19.11.2019 that 43 brick kilns were inspected. 482 more brick kilns were in existence. The siting criteria was laid down under the Uttar Pradesh Brick Kiln (Siting Criteria for establishment) Rules, 2012.
Though it is stated that siting norms will apply to kilns established after 2012, the report does not show how many brick kilns existed prior to 2012. Compliance of air quality norms is also not mentioned. It is undisputed that unit set up after 2012, in violation of laid down siting criteria, cannot be allowed to continue. With regard to others, this Tribunal has already held vide order dated 10.07.2019, in Review Application No. 34/2019, Bhag Singh vs Union of India & Ors., that the siting criteria can be invoked for future while renewing the Consent to Operate. No vested right is created by mere establishment. If such establishment affects public health and environment, consent to operate may not be renewed, having regard to the environmental status. The SPCB has also to have regard to the carrying capacity of the area to sustain activity of brick kilns while renewing consent to operate in the light of 'Precautionary' and 'Sustainable Development' principles of the environment act. All that is required for assessing the carrying capacity is the existing air quality and the anticipated impact of the permitted activity, which can be done by the SPCB itself from time to time.2
3. In view of above, let further action be taken and compliance report filed within two months by e-mail at [email protected]."
5. The matter was thereafter considered on 23.03.2020 as follows:
"5. Accordingly, further report has been filed on 27.02.2020 by the SPCB inter-alia as follows:
"An ambient Air Quality Monitoring was done at different Places in district Baghpat at the following locations:
Serial Location
No.
1. Krisht Jyoti Senior Secondary School, Baghpat
2. Vikram Ent Udyog, Chhaprauli road, Baraut, Baghpat
3. Katha, Khekra, Baghpat These locations are situated at cluster of brick kilns. The Ambient Air Quality Monitoring Reports are Annexed as Annexure-II. The reports are higher than norms. When the brick kilns will operate, the actual values of the parameters may be more higher. The actual assessment of the impact on air quality can be assessed when the brick kilns will be operational. But it is evident that the number of brick kilns are very high in district Baghpat and there is a need to prevent any further increase in brick kilns. Therefore, it is prayed before Hon'ble Tribunal that the District Administration Baghpat may please be directed, not to allow new brick kilns in the district Baghpat and no license to be given by Zila Panchayat, district Mining Officer and the revenue department. So, that air quality may not deteriorate further."
6. We also note that a communication dated 06.03.2020 has been filed by one Anupam Raghav son of Arun Kumar, Village Senda Faridpur, District Bulandshahr in connected matter being O.A. No. 1016/2019, Utkarsh Panwar Vs. Central Pollution Control Board & Ors. to the effect that inspite of order of prohibition of brick kilns in the NCR Region passed in the said matter, 350 brick kilns are illegally operating in the Ghaziabad District.
Let a copy of this complaint be forwarded to the District Magistrate, Ghaziabad and UPPCB so that compliance of order of this Tribunal dated 15.11.2019 directing closure of all brick kilns in NCR Region which order has been continued vide further orders dated 18.12.2019, 06.02.2020 and 05.03.2020 may be made."
6. Accordingly, the District Magistrate, Ghaziabad has filed a report dated 30.06.2020 inter-alia as follows:
3"In compliance to the orders of Hon'ble Tribunal and District Magistrate, Ghaziabad, regular surveys have been carried out by the officials of U.P. Pollution Control Board, Ghaziabad between 15.02.2020 to 05.03.2020. During inspection of total 66 brick kilns between the said period, 03 brick kilns were found operating which were closed during the inspection and recommendation to impose environmental compensation has been sent to Head Office, U.P. Pollution Control Board, Lucknow. (Reports have been annexed as annexure 5).
Further, Sub-Divisional Magistrate, Loni vide letter no 1629/ ST- SDM-2019-20 dated 11.03.2020 (Annexure 6) submitted action taken report wherein stating that all the brick kilns in Tehsil Loni, Ghaziabad were inspected by the revenue team. During inspection 35 brick kilns were found at firing stages which were closed by the team. Officials of UPPCB, Ghaziabad also verified the said brick kilns situated in Loni, Ghaziabad on 16.03.2020 and it was found that 30 brick kilns were operating which were closed by the team and Environ men tal C o mpens ation of all the 30 br ick kilns h a v e b e e n recommended to Head Office, U.P. Pollution Control Board, Lucknow. (Reports are annexed as annexure 7).
As per the above, it is submitted that regular surveys have been conducted by District Administration and UPPCB, Ghaziabad and violating brick kilns have been recommended for imposition of Environmental compensation while closing these brick kilns on site during inspections.
In March, 2020, due to lockdown situation in the district with respect to COVID-19, inspections could not be carried put between the said period. However, it is submitted that during the lock down period, Chief Secretary, State of U.P. vide GO no 227/P.S.M.S./2020 dated 29.03.2020 (Annexure 8) Issued directions to all the District Magistrates of U.P to allow the brick kilns to operate in the State. Several brick kilns were closed during the lockdown period as most of the labours went back to their respective areas, but it is submitted that few of the brick kilns were operating during the lockdown period in compliance to the directions passed by Chief Secretary, Govt of U.P. but brick kilns could not be verified due to the lockdown conditions.
During the lockdown period between Month of March, 2020 - May, 2020, the ambient air quality report as monitored by the Continuous Ambient Air Quality Monitoring Stations located in Ghaziabad have been annexed as annexure 9)."4
7. In connected matter being OA 1016/20191, this Tribunal directed CPCB to conduct further study as to whether having regard to the air quality in the NCR region, brick kilns using Zig-zag technology can be sustained. CPCB has found that it is not possible to permit brick kilns.
Relevant part of the report is quoted below:
"Following is the submission of CPCB on the above points:
i) Based on the evaluation of the data and estimation of the carrying capacity as explained in the previous section, there is no assimilative capacity available in the ambient air environment in the NCR districts of Haryana, Uttar Pradesh and Rajasthan for simultaneous operation of all the existing brick kilns, even after adopting Zig-zag technology. Based on the available assimilative capacity, some brick kilns may operate.
ii) An effort was made to estimate the number of brick kilns which can be operated, within the assimilative capacity of the ambient air environment. The outcome of the month-wise and district-
wise estimation w.r.t. the number of brick kilns which can be operated within the assimilative capacity without any negative effect on the ambient air is summarized in Table 15. In the districts, where ambient air quality data for the past is not available, due to non-availability of CAAQMS or AOD, the data of the districts having comparable population and geographical area, may be used for estimating the number of brick kilns which can be operated without affecting the ambient air quality, by the respective State Pollution Control Boards, while doing such exercise.
Table 15: Month-wise and District-wise estimation of the number of brick kilns which can be operated in NCR districts of Haryana, Uttar Pradesh and Rajasthan, without affecting ambient air quality.
S.No. Name of Total No of Month-wise No of Zig Zag type Brick Kilns, which can be operated
District Zig Zag type without affecting the ambient air quality i.e. within Assimilative
Brick Kilns Carrying Capacity
Mar-19 Apr-19 May-19 Jun-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20
STATE- HARYANA
1 Bhiwani 132 161 52 16 46 0 0 0 0 0
Faridabad 0 0
85 25 0 0 0 0 0 0
2 (Ballabhgarh)
3 Gurugram 6 0 0 0 0 0 0 0 0 0
4 Jhajjar 387 376 320 283 327 0 0 0 0 0
5 Jind 111 72 0 0 0 0 0 0 0 0
6 Karnal 92 57 0 0 0 0 0 0 NA 0
7 Mahendragarh 42 33 0 0 0 0 0 0 0 0
8 Nuh (Mewat) 62 57 0 7 28 0 0 0 NA 0
1
Utkarsh Panwar v. Uttar Pradesh Pollution Control Board & Ors.
59 Palwal 110 84 1 15 0 0 0 0 0 0 10 Panipat 87 84 23 0 37 0 0 0 0 0 11 Rewari 76 49 0 0 0 0 0 0 0 0 12 Rohtak 49 NA 31 21 12 0 0 0 0 NA 13 Sonipat 265 253 151 102 106 0 0 0 0 0 14 Charkhi Dadri 29 NA NA NA NA NA NA NA NA NA STATE - UTTAR PRADESH 1 Bagpat 340 300 211 165 131 0 0 0 2 0 2 Bulandshahr 200 8 0 0 0 0 0 0 0 0 3 Gautam Budh 65 12 0 0 0 0 0 0 0 0 Nagar 4 Ghaziabad 79 11 0 0 0 0 0 0 0 0 5 Hapur 52 30 0 0 NA 0 0 0 0 0 6 Muzaffarnagar 146 42 0 0 0 0 0 0 0 0 7 Meerut 70 16 5 1 18 0 0 0 0 0 8 Shamli 80 57 53 40 51 0 0 0 NA NA STATE- RAJASTHAN 1 Alwar 70 0 0 0 0 0 0 0 0 0 2 Bharatpur 60 0 0 0 0 0 0 0 0 0
iii) However, the Zig-Zag type brick kilns may be asked to comply with the proposed Particulate matter standards of 250 mg/Nm3 at 17 % 02 w.r.t. stack emissions of particulate Matter (PM). State Pollution Control Boards may ensure operation of only permitted number of Zig-Zag type brick kilns and compliance of PM emission norms of 250 mg/Nm3 at 17 % O2.
iv) The examination of the month-wise and district-wise carrying capacity, indicates that Zig-zag type brick kilns in NCR districts should preferably be operated in summer months only, unless or until there is improvement in environmental condition through reduction in PM10 emissions by various sources which contribute towards PM10 emissions in Delhi NCR, leading to availability in the supportive carrying capacity.
The reduction in PM10 emissions by all the contributing sources of PM10 emissions in Delhi-NCR becomes more significant in view of the fact that, the findings of a study on "Source Apportionment of PM2.5 and PM10 of Delhi NCR for identification of major sources" prepared by Automotive Research Association of India (ARAI) and The Energy and Resources Institute (TERI) for Department of Heavy Industry, Ministry of Heavy Industries and Public Enterprises, New Delhi, in the year 2016, indicates that that brick kiln industry contributed about 5 & 7% w.r.t. PM10 emissions in Winter and summer respectively, in ambient air of Delhi and NCR . Further reduction of 4% in total PM10 was expected after conversion to Zig-Zag technology, which has now been implemented by brick Kilns in Delhi-NCR.
v) The selection of brick kilns which can be operated, should be made in such a manner that there is distance of 500 mtr between two operational brick kilns, so as to ensure minimum localized impact on the ambient air.
6vi) In the study conducted by CPCB in the matter of 0.A. No. 1088 of 2018 (I.A. No. 98/2019, 100/2019, 101/2019, 119/2019 & 266/2019); Dinesh Chahal & Ors. Vs Union of India & Ors., it was observed that stack emissions are three time higher during start-up of firing process, irrespective of firing technology, which lasts for around 7 days. Therefore, it is recommended that even if there is enough supportive carrying capacity to operate all the zig-zag type brick kilns in any district, the start- up firing may be allowed in three batches of 33% of the total Zig-Zag type brick kilns which can be operated, with a gap of 7 days within two batches. This is to ensure that PM10 emission load in the ambient air mostly remains within assimilative carrying capacity.
vii) In view of the carrying capacity limitations simultaneous operation of all the brick kilns may not be advisable, therefore, staggered permission for operation may be given to the existing brick kilns in such a way that only estimated number of brick kilns in area operate during any given time.
viii) However, all Zig-Zag brick kilns may be considered to perform upstream activities such as green brick manufacturing, stacking of green bricks, etc. during non-firing period.
ix) In the districts, where ambient air quality data for the past is not available, due to non-availability of CAAQMS, the data of the districts having comparable population and geographical area, may be used for estimating the number of brick kilns which can be operated without affecting the ambient air quality.
x) In order to control fugitive dust emissions, adequate measures such as sprinkling of water must be taken and compliance of the conditions of the Consent to Operate/guidelines issued by concerned SPCB must be ensured.
xi) References w.r.t. use of Piped Natural Gas (PNG), as fuel in brick manufacturing are available, but in Tunnel type brick Kilns. It is, therefore, recommended that a techno-economic feasibility study may be conducted by an expert agency, for making an assessment w.r.t. use PNG and other cleaner fuels such as internal fuels, with different types of firing technologies, for making brick manufacturing sustainable and environmental friendly, at locations where such fuels are available."
8. Apart from the expert report that operation of brick kilns is in violation of carrying capacity and results in air pollution in violation of law, this Tribunal had granted an order on 15.11.2019 against operation of brick kilns. We are surprised how the Chief Secretary, UP could have 7 passed a contrary order in violation of the order of this Tribunal which amounts to a criminal offence. Such action is patently violative of rule of law. We warn the Chief Secretary, UP to be careful, failing which we may have to direct prosecution, stoppage of salary and other coercive measures for violation of the order of this Tribunal. The Chief Secretary may ensure compliance of orders of this Tribunal strictly. Order of the Chief Secretary being in violation of order of this Tribunal is declared void.
List for further consideration on 15.09.2020.
A copy of this order be sent to the Chief Secretary, UP by email.
Adarsh Kumar Goel, CP S. P. Wangdi, JM Dr. Satyawan Singh Garbyal, EM Dr. Nagin Nanda, EM July 9, 2020 OA No. 125/2019 & Other connected matters DV 8