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11. This Tribunal, vide order dated 17.02.2021 in OA
1016/2019, Utkarsh Panwar v. Central Pollution Control Board
& Ors., considered the issue of permissibility of brick kilns
beyond the assimilative carrying capacity in the NCR and in
the light of the Expert Committee report. This Tribunal
directed that brick kilns be allowed to operate only from March
to June using Zig-zag technology only to the extent of such
number of brick kilns as were found to be viable in terms of
the carrying capacity. The Tribunal directed that if the brick
kilns shift to PNG, units may be allowed to function if pollution
norms can be maintained. This Tribunal banned fire crackers
where air quality is poor and above vide order dated 1.12.2020
in OA 249/2020. Vide order dated 15.7.2019 in OA 710/2017,
the Tribunal directed District Environment Committees headed
by District Magistrates to prepare District Environment Plans
to control and regulate pollution as per Constitutional
mandate. In OA 681/2018, vide order dated 8.10.2018, steps
were directed to be taken for control of air pollution in cities
identified as 'non-attainment' by Air Quality Monitoring
Committees, to be headed by the Environment Secretaries, by
preparing action plans.
32. .........In view of above discussion, following directions are
issued:
i. There will be total ban on sale and use of all kinds of fire
crackers during Covid-19 pandemic in the NCR and all
cities/towns in the country where the ambient air
quality falls under the 'poor' and above category.
v. We further direct that the Air Quality Monitoring
Committees (AQMC) in terms of order of this Tribunal dated
08.10.2018 in OA No. 681/20181 to coordinate with the
The said order is as follows: