National Green Tribunal
Kamran vs State Of Uttar Pradesh on 17 July, 2023
Item No. 11 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 243/2023
Kamran Applicant
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 17.07.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Naved Alam, Mr. Fahad Abdullah & Mr. Akbar, Advs.
ORDER
1. The grievance of the applicant is operation of brick kiln in violation of siting criteria and in violation of Environmental Rules. The matter was taken up by this Tribunal on 11.04.2023 and District Magistrate, Amroha with Uttar Pradesh PCB was directed to submit factual and action taken report. The joint Committee has examined the matter and submitted the report as follows:-
"4. Observations:-
1- The said brick kiln had been established in year 2019 without obtaining CTE from Regional Office, UP Pollution Control Board, Bijnor and also not having consent to operate under the provisions of the Air (Prevention and Control of Pollution) Act, 1981.
2- The brick kiln had been established in year 2019, hence the guidelines issued by U.P. Government vide notification dated 27.06.2012 for The Uttar Pradesh Brick Kilns (Siting Criteria for Establishment) Rules, 2012 is applicable on said brick kiln.
3- The brick kiln is not establish as per the Uttar Pradesh Brick kilns (Siting Criteria For Establishment) Rules,2012 & notification 1 dated-22-2-2022 issued by Ministry of Environment Forest And Climate Change, Government of India 4- UPPCB, Lucknow vide letter no. H 93261/C-7/Ent bhatta/Air-
650/closure/ Amroha /2023 dated-09.05.2023 has issued closure order under section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 against the said brick kiln (Latitude- 29.007507, Longitude - 78.270727). Copy is annexed as Annexure-2.
5- UPPCB, Lucknow vide letter no. H 63578/C-7/8053-8199/Sa-
271/Amroha/2021 dated-17.07.2021 has also issued closure order under section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 against Mis Rana Ent Udyog (New Name Rana one Ent Udyog), Village-Chuchela kalan, Dhanaura, District-Amroha (Brick kiln of Rifaqat ali S/o Nizamatulla khan) (Latitude- 29.008747, Longitude - 78.270387). Copy is annexed as Annexure-3.
6- The Brick kiln of Rifaqat ali S/o Nizamatulla khan was also found not in operation, i.e., was lying closed in compliance of closure order issued by UPPCB on 17.07.2021. 7- During inspection, the operation of the said questionable brick kiln was stopped in compliance of closure order issued by UPPCB on 09.05.2023.
5- Conclusion-
1- The said brick kiln had been established without obtaining CTE from Regional Office, UP Pollution Control Board, Bijnor and also not having consent to operate under the provisions of the Air (Prevention and Control of Pollution) Act, 1981. 2- UPPCB, Lucknow has also issued closure order under section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 against the brick kiln M/s Rana Ent Udyog (New Name Rana one Ent Udyog), Village-Chuchela kalan, Dhanaura, District-Amroha (Brick kiln of Rifaqat ali S/o Nizamatulla khan). dated-17.07.2021. Further, during inspection the operation of the brick kiln was found not in operation, i.e., was lying closed in compliance of closure order issued by UPPCB on 17.07.2021.
3- UPPCB, Lucknow had already issued closure order under section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 against the said brick kiln dated-09.05.2023. Further, during inspection the operation of the said questionable brick kiln was stopped in compliance of closure order issued by UPPCB."
2. The perusal of record reveals that the State of Uttar Pradesh vide Notification dated 27.06.2012 has issued the Uttar Pradesh Brick Kilns (Siting Criteria Established) Rules, 2012 which provides as follows:-
"Distance from residential 2 Subject to provisions of the Uttar Pradesh area/population/sen Promotion and Protection of Fruit Trees sitive area/mango or fruit (Regulation of Harmful Establishment and orchard. Housing Schemes) Act, 1985 (UP Act No. 18 of 1985, a brick kiln shall not be 2 established which does not fulfil the following conditions:
(i) a brick kiln shall not be established with in a distance of 5.0 kilometers form the area of a Municipal Council or Municipal Corporation. Subject to the above restrictions a brick kiln shall be established at least 500 meters away from residential area having minimum population of 100-
150 persons or 20 houses either kachha or pucca houses 1.0 kilometer from a residential area having population more than 150 persons or more than 20 houses whether kachha or pucca;
(ii) a brick kiln shall not be established at a place within the distance of 10.
Kilometer from registered hospital, school public building, religious places or a place from where flammable substances are stored; a brick kiln shall not established within a radius of 5.0 kilometers in notified sensitive areas of a zoo, wild life sanctuaries, historic monuments, museum and the like:
Provided that in case of Taj Trapezium zone are(T.T.Z.) the directions/guidelines given by the Supreme court form time to time, shall apply;
(iii) a brick kiln shall not be established within a distance 200 meters from the sides of the railway tracks;
(iv) a brick kiln shall not be established within a distance of 300 meters from both sides of the National and State Highways;
(v) a brick kiln shall not be established within a distance of 100 meters from both sides of a main district road /public works department roads;
(vi) a brick kiln shall not be established within 800 meters from a brick kiln already established;
(vii) a brick kiln should not be allowed to install in the 'Buffer zone' of a notified fruit belt area as defined in 'The Uttar Pradesh Promotion and Protection of Fruit Trees(Regulation of Harmful Establishments and Housing Schemes) Act,1985' and the restriction made by competent authority concerned or decision of court on case to case basis, if any.
Distance from sides of mango 3 orchard/Mixed fruits (mango and other) orchard (having at least 100 fruiting trees) joint nursery from brick kiln shall not be less than 800 meters in each direction. The mentioned distances are applicable irrespective of the variety/type of fruit area individually or collectively should not be less than 2.5 acre.
Distance will be measured form the chimney of the brick kiln to the first/ nearest row of the tree of mango/fruit orchard towards the kiln.
Permission for the 3 No license in respect of firing of brick establishment of the brick kiln or for mining lease shall be granted by kiln the Zila Panchayat/concerned district administration until and unless a valid pervious consent (NOC) is obtained by the owner of the brick kiln, issued by the State Board.
Emission Standards 4 The emission standards and Pollution Control System including height of Chimney for Brick Kilns as notified by Ministry of Environment and Forest (MOEF) Government of India vide serial no. 74 of schedule I in notification no. GSR 543 (E) dated 22nd July,2009 shall be applicable in case of Brick Kiln, issued under the Environment (Protection) rules,1986.
Materials to be used in 5 The following materials may be used in Brick Kilns Brick Kiln established under these Rules:-
(a) Local agro industrial waste residue to replace coal as internal fuel such as cotton stalk, mustard stalk etc;
(b) Non hazardous waste such as stone dust, rice husk ash, red mud etc. may be mixed with top soil;
(c) Fly ash in brick moulding in compliance with the notification issued under the Environment (Protection) Act,1986 as applicable;
Provided that the spent organic, solvent, oily residue, pet coke, filter press 4 cake(hazardous waste) and other waste such as plastic rubber, leather shall not be used as fuel in the brick Kiln.
Duties of the proprietor of 6.(1) Multi layer and multi storey green belt of a Brick Kiln. 10 meters width shall be constructed along the periphery of brick kiln leaving two 10 meters wide gaps in the boundary for entry and exit of material and vehicles. A wall of 3 meters height shall be constructed on the sides where land is not available for green belt development to prevent fugitive dust emission. For installation of brick Kiln with green belt development, the minimum area required is 2.0 acre.
(2) Lighting arrestor as per the PWD norms or any other standard desing shall be installed for brick Kiln to avoid the damage to stacks/chimney caused due to lighting attack.
(3) In Brick Kiln besides the above Good House keeping practices including disposal of coal, ash, provision of double wall around the Kiln, proper layout Brick lining of passage use of properly grades coal, proper firing practices, protection from noise pollution and other measures should be followed by all Brick Kiln Owners.
(4) While digging the earth for making bricks in the area ear marked for the same, the straight cutting of earth should be avoided; instead the cutting should be done in a slanted manner in the proportion of 1:3, so that there should be minimum soil erosion of the agricultural land.
Permission for operation 7 A person who want to operate a brick Kiln of the brick Kiln. shall make an application with requisite fee separately to the State Board by furnishing mining lease from district administration, permission for firing from Zila Panchayat/Zila Parishad and no objection certificate/License as the case may be from the Horticulture Department, under the Uttar Pradesh Air(Prevention and Control of Pollution) Rules,1983,and the Uttar Pradesh Water (Consent for discharge of sewage and Trade Effluent) Rules,1981, for the permission for the operation of the brick Kiln. On receipt of such application the State Board may reject such permission after necessary enquiry as prescribed 5 under the aforesaid Rules.
Provided that a brick Kiln which was established/operate previously but not being operative in the last season, want to operate or change the name/ownership and have valid consent under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 may operate the same if it informs in writing to the State Board but shall be bound to comply with all the conditions subject to which consent was granted."
3. Other related issues of the applicant were taken cognizance by this Tribunal in O.A. No. 1016/2019, Utkarsh Panwar vs. Central Pollution Control Board & Ors. and vide order dated 17.02.2021, it was observed:
"20. Thus, we conclude that going by the order dated 15.10.2020, in 'severe' air quality conditions, coal-fired brick kilns cannot be allowed to operate in NCR even if zig zag technology is used and improved procedures are followed, as suggested by the Committee, unless there is switch over to the PNG. All other issues have already been dealt with in the earlier order. In para 7 of order dated 05.03.2020 and para 8 of order dated 23.03.2020, we have already held that compliance by an individual brick kiln, otherwise contributing to pollution load beyond carrying capacity, does not confer a right to continue such activity, when such activity attracts GRAP in 'severe' air quality condition. As noted in par 11 of the order dated 15.10.2020, the CPCB has found that there is no assimilative capacity during the period air quality is 'severe' and only during months of March to June there is a limited capacity. Inter-se distance of atleast 500 meters is required to be maintained in location of brick kilns. When brick kilns start, they should not be allowed to start simultaneously but their firing should be staggered to avoid adverse impact on the environment. Other safeguards of fugitive dust emission management need to be adopted. In para 18 of order dated 15.10.2020, the issue of non-availability of plea of discrimination to GRAP, attracting some polluting categories and not attracting other polluting activities, has already been dealt with. Accordingly, we reiterate this mandate.
21. In view of the above discussion, unless there is change to cleaner fuel (PNG), brick kilns beyond the number mentioned in Table 15 above cannot be allowed, in the NCR. Since there is variance of figures given during March to June, only such number can be allowed which can be sustained throughout the period i.e. the minimum figure of a particular month out of the four months which comes to 444 in Haryana (in the month of May) and 200 in UP (in the month of June). Such shortlisting may be done applying a suitable 6 siting criteria taking into account interse distance and distance from sensitive locations and compliance of consent conditions for which the CPCB, State PCB may work out an appropriate mechanism. Further, location of brick kilns be scattered on pro-rata basis, in different directions of concerned area, having regard to background and carrying capacity parameters. Needless to say, those brick kilns which switch over to PNG will be entitled to operate even beyond months of March to June and even beyond limited number mentioned, subject to compliance with law."
4. Since actions have been taken against the Project Proponent for violations of Environmental Rules and units are not in operation at present. Thus, no further action is required to be taken. However, State PCB is directed to take necessary action for realization of Environmental Compensation for past violations in accordance with the parameters laid down by the Tribunal and CPCB.
5. With these observations, the Original Application stands disposed of.
Sheo Kumar Singh, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 17, 2023 Original Application No. 243/2023 SN 7