Compliance with environmental regulations is crucial for operational legitimacy, and explicit consent conditions dictate these obligations.

ORDER

1. The Original Applications (hereinafter referred to as ‘OA’) No. 373/2022 was registered in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in (2022) 13 SCC 401 in Municipal Corporation of Greater Mumbai v. Ankita Singha & Ors on a letter petition dated 14.05.2022 sent by Sumit Saini making a complaint that 25 ply wood industries and 5 brick kilns are being run in Village Damla but Pollution Control Systems have not been installed in these units and untreated effluent is being discharged, fly ash is being disposed unscientifically and smoke is being released causing air pollution. There was further complaint with respect of M/s SPS Biochem Pvt. Ltd that it is generating CNG by compressing bio-gas by using sugar mill molasses and causing health hazard. Further, Yamuna Nagar Municipal Corporation is dumping solid waste in vicinity of village causing environmental damage. 2. Tribunal constituted Joint Committee comprising CPCB, State PCB, District Magistrate, Patiala and representative of Commissioner, Municipal Corporation, Patiala and required Committee to submit a factual report within two months.

3. Joint Committee submitted its report through Regional Officer, Haryana State Pollution Control Board (hereinafter referred to as ‘HSPCB’), Yamuna Nagar vide report dated 28.09.2022 and in respect of brick kilns, it was stated that the same were not in operation due to rainy season and their status will be verified when they come into operation. Their status with regard to compliance of environmental norms will be verified once they come into operation.

4. In view of the above Joint Committee report, initially Tribunal vide order dated 29.09.2022 impleaded following respondents:

(1) State of Haryana through its Chief Secretary, Government of Haryana

(2) Haryana State Pollution Control Board (hereinafter referred to as ‘HSPCB’

(3) State Environment Impact Assessment Authority, Haryana (hereinafter referred to as ‘SEIAA Haryana’

(4) Deputy Commissioner, Yamuna Nagar

(5) M/s SPS Bio Chem Pvt. Ltd

5. Subsequently, report dated 18.02.2023 was filed stating that 5 brick kilns were inspected and it was found that 2 were compliant with the norms and 3 other brick kilns were non-operational at the time of inspection.

6. Tribunal passed order dated 21.02.2023 directing Joint Committee to look into the aspects of compliance with consent condition by brick kilns.

7. Consequently, a report dated 17.04.2023 was filed by Joint Committee and a compliance status of 5 brick kilns which included respondents 1 in all the 4 present O.As was recorded as under:-

“2. Detailed report of Brick Kilns regarding licenses obtained from the Competent Authorities, Compliance of Consent to Operate Conditions and disposal of fly ash.

a. M/s Pooja Brick Industries, Village Damla, District Yamuna Nagar: The unit is Brick Kiln and engaged in the manufacturing of bricks/tiles. The said unit has obtained Consent to Operate from the Board for the period from 01.04.2020 to 31.03.2025 (Annexure-R/1). Further, the unit has obtained license from concerned departments i.e. Mines and Geology Department, District Town and Country Planning Department and District Food, Civil Supplies and Consumer Affairs Controller Department. The copies of licenses are attached herewith as Annexure- R/2, Annexure-R/3 & Annexure-R/4 respectively. The sample of air emission was collected and analysis report Issued vide no. 473 dated 13.04.2023 shows results within prescribed limits. Copy of the same is attached as Annexure-R/5. The compliance conditions of Consent to Operate is also attached as Annexure-R/6. The fly ash is being re-used in the manufacturing of brick