Deepak Gupta, J.

These two writ petitions are being disposed of by a common judgment since the issues involved are almost identical.

2. Writ Petition(C)(PIL) No.3 of 2015 was filed by Sri Brindaban Das. In the petition it was alleged that he was filing this petition in the public interest and in this regard he had made reference to the representations Annexures P-1 and P-3 allegedly signed by a large number of villagers to the Sub-Divisional Magistrate (SDM), Gandacherra respondent No.3 and to the Chairman of the Tripura State Pollution Control Board respondent No.1.

3. The grievances of the petitioner are that the respondents 5 to 8 are running a brick kiln in the area in question and that this brick kiln is causing huge pollution in the area and has endangered the lives of the local citizens. It is alleged that the houses of the villagers are on higher level and the brick kiln is at a lower level and therefore, the smoke emitted from the brick kiln causes damage to the environment and ecology of the area. It is also alleged that the private respondents are removing the soil from land adjacent to the brick kiln area and therefore, the use of the land which was meant for agricultural purposes is being diverted to manufacturing purposes which is prohibited under Section 20 of the Tripura Land Revenue and Land Reforms Act, 1960. It is also submitted that some lands which are state owned lands and acquired for purposes of the Dumbur Hydel Project(DHP) are being used for purposes of the brick kiln. In the petition it is specifically mentioned that the petitioner has filed the petition in the public interest and has no personal interest in the subject matter of the petition. It is specifically alleged that the petitioner is espousing the cause of the people of the area and the petition has not been filed for any personal gain.

4. On 25th February, 2015 when the petition came up before us for admission for the first time, accepting the averments made in the petition to be true we had directed that notice be issued to the respondents and we had also directed as follows :

“The State Pollution Control Board is directed to send its officials to the spot to measure the ambient air quality and submit a report to this Court by the next date as to whether the allegations submitted by the petitioner are correct or not.”

Thereafter the Tripura State Pollution Control Board filed its report in compliance to the order of this Court and in the report it is mentioned that the members of the scientific team constituted by the Tripura State Pollution Control Board visited the spot i.e. M/s Gandacharra Bricks Industry, Gandacherra on 20th March, 2015 and measured the ambient air quality. The brick kiln was found to be working at the relevant time and it was found that the air quality was within the prescribed limit.

5. However, in the report it is also mentioned that there is a Tribal Boys Hostel situated on the western side of the brick field and the residents of the surrounding areas complained that normally there is dust and ash problem around the brick kiln and it was stated by all the persons that the brick kiln activity was not in full swing on the date when the scientific team visited the spot. The scientific team elicited the views of 13 villagers including some students of the Tribal Boys Hostel and all of whom complained of dust and smoke. Some of the villagers also complained of noise pollution. Only one villager Biswajit Sarkar stated that there is no problem due to brick kiln activity. Since there was complaint of noise pollution the average noise level was also measured and found to be above the prescribed standard limit even though there was no dozer movement or movement of trucks at the time when the noise level was measured. In the last portion of the report it was stated that the activities of the brick kiln had not been i