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National Green Tribunal

Shailesh Singh vs Environment Pollution Prevention And ... on 15 October, 2020

Author: Adarsh Kumar Goel

Bench: Adarsh Kumar Goel

Item Nos. 04 to 07                                                   Court No. 1

               BEFORE THE NATIONAL GREEN TRIBUNAL
                   PRINCIPAL BENCH, NEW DELHI

                            (By Video Conferencing)

                      Original Application No. 125/2019
                       (With report dated 14.09.2020)

Vikas Singh                                                           Applicant

                                     Versus

Uttar Pradesh Pollution Control Board & Ors.                         Respondent

                                      WITH

                      Original Application No. 550/2019

Rajbeer Singh                                                         Applicant
                                     Versus
State of Uttar Pradesh                                               Respondent

                                      WITH

                      Original Application No. 792/2019

Rajbeer Singh                                                         Applicant
                                     Versus

State of Uttar Pradesh                                               Respondent
                                      WITH

                     Original Application No. 47/2018
          (I.A. No. 02/2019: Direction to operate the brick kiln)

Shailesh Singh                                                        Applicant
                                     Versus

Environment Pollution (Prevention & Control)
Authority (E.P.C.A.) & Ors.                                          Respondent


Date of hearing: 15.10.2020


CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
       HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
       HON'BLE DR. NAGIN NANDA, EXPERT MEMBER

Respondent:   Mr. Pradeep Misra, Mr. Daleep Dhyani, Advocates for UPPCB
              Mr. Raj Kumar, Advocate for CPCB

                                     ORDER
1

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 matter was last considered on 09.07.2020 in the light of report of the District Magistrate, Ghaziabad dated 30.06.2020. The Tribunal observed that since there was an injunction issued by this Tribunal in O.A No. Original Application No. 1016/2019, Utkarsh Panwar v. Central Pollution Control Board & Ors., the brick kiln activities could not have been allowed by an order of the Chief Secretary which was mentioned before the Tribunal.

3. The Additional District Magistrate has filed further report dated 14.09.2020 to the effect that the brick kilns operating have been closed.

4. In view of the above, list the matter for further consideration on 11.01.2021. The concerned Authorities in the State of U.P may keep a vigil against illegal operation of brick kilns so as to protect the air quality in the NCR.

5. In view of the order passed today in O.A No. Original Application No. 1016/2019, Utkarsh Panwar v. Central Pollution Control Board & Ors., I.A No.02/2019 seeking permission to operate brick kiln is dismissed.

Adarsh Kumar Goel, CP S. P. Wangdi, JM Dr. Nagin Nanda, EM October 15, 2020 Original Application No. 125/2019 & other connected matters AK 2