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2022 Supreme(Online)(NGT) 499
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
JUSTICE ADARSH KUMAR GOEL, CJ, JUSTICE SUDHIR AGARWAL, J, PROF. A. SENTHIL VEL, ACJ
Hakam Singh & Anr. – Appellant
Versus
State of Rajasthan & Ors. – Respondent
Original Application No. 262/2020 | Earlier O. A. No. 37/2019 (CZ)
For the Appellants/Petitioners: Mr. Pushpinder Singh, Mr. Prabjit Singh
For the Respondents: Mr. B.B. Gupta, Mr. Sudhansh Pant, Mr. R.K. Bora, Mr. Nishant Awana, Mr. Lokendra Singh Kachhwa, Mr. Raj Kumar, Mr. Rahul Pratap
Brick kilns operating without environmental consents are illegal, requiring closure and compliance; non-compliance incurs accountability under polluter pays principle.
Headnote:(A) Environmental Protection Act, 1986 - Compliance and Enforcement - Brick kilns in Sri Ganganagar District operating without requisite consents under Air and Water Acts; tribunal directs closure of these operation until compliance with environmental norms is achieved. (Para 3, 4)
(B) Pollution Control - The Rajasthan State Pollution Control Board (RSPCB) failed to enforce siting criteria leading to air pollution affecting public health; tribunal emphasizes polluter pays principle in compensation. (Para 1, 5)
Facts of the case:
The applicants contested environmental violations by brick kilns in Sri Ganganagar, suggesting operational illegality without necessary permissions from pollution control bodies.
Findings of Court:
The tribunal found substantial non-compliance by brick kilns, leading to environmental degradation, and mandated the establishment of a joint committee for enforcement of regulations.
Issues: The court addressed issues regarding compliance with environmental norms by brick kilns, the necessity of consent for operation, and the accountability of non-compliant operators.
Ratio Decidendi: The tribunal asserted that the absence of necessary consents indicates illegal operation, compelling action for environmental rectification and instituting compensation for past violations under the polluter pays framework.
Result: The application is disposed of.
| Table of Content |
|---|
| 1. compliance of environmental norms by brick kilns. (Para 1 , 2) |
| 2. accountability of pollution control board. (Para 3 , 4) |
| 3. impact of non-compliance on air quality. (Para 5 , 6 , 7) |
ORDER
1. Question for consideration is compliance of environmental norms by the brick kilns in Sri Ganganagar District in Rajasthan. Particular grievance is absence of requisite consents under the Air and the Water Acts and siting criteria, resulting in violation of law and air pollution to the detriment of public health and the environment.
2. The matter was considered earlier by the Central Zonal Bench, Bhopal vide order dated 15.10.2020. In view of pendency of O.A. No.1016/2019, Utkarsh Panwar v. Central Pollution Control Board & Ors. before the Principal Bench, this matter was referred to the Principal Bench for consideration alongwith the pending matter.
3. The matter was then considered by this Tribunal on 11.02.2021. Since O.A. No. 1016/2019 is related to brick kilns in NCR, present matter was dealt with separately. It was found that as per stand of the State PCB, 225 brick kilns were operating without consent. The Tribunal held that in respect of such brick kilns which were operating without consent, there was no need of any show cause notice as their operation was per se illegal. The said brick kilns were to be closed till compliance of law and be made accountable for past illegal operation also by way of compensation on polluter pays principle. The Tribunal constituted a joint Committee of CPCB, State PCB and District Magistrate, Ganga Nagar for remedial action and filing a factual and action taken report. It was observed that notice by the Tribunal to individual brick kiln was not necessary as the State PCB could exercise its statutory powers under the Air (Prevention and Control of Pollution) Act , 1981 and other statutes.
4. The matter was last considered on 10.11.2021 in the light of report dated 30.10.2021. The Tribunal held that the State PCB had failed to close illegally operating brick kilns and to enforce the siting criteria as well as environmental norms in permitting the brick kilns to operate causing adverse impact on environment. Even brick kilns operating without consent were allowed to continue. The Tribunal accordingly directed further action to be taken for enforcement of environmental norms and also for giving misleading report to the Tribunal. The Tribunal also constituted a fresh eight-member joint Committee to be headed by nominee of Chairman, CPCB with another nominee of CPCB as member and representatives from MoEF&CC, State PCB, SEIAA, Rajasthan, Malaviya Engineering College, Jaipur, District Magistrate and SSP, Ganga Nagar to give a report about the viability of brick kilns having regard to the air quality, status and desirable siting criteria.
5. Accordingly, the State PCB has filed three reports. Report dated 11.03.2022 is that the siting criteria was finalized on 17.02.2022 but having regard to MoEF&CC Notification dated 22.02.2022, the 17.02.2022 criteria has been put on hold and it was decided that the MoEF&CC Notification will be enforced. Out of 579 units, 106 have been closed and 413 are operating. Notices have been issued to 167 units for levy of environmental compensation for the past violations. 134 units have filed response. Hearing has been granted. Total compensation of Rs. 32 crores approximately has been levied. Additional compliance report filed on 02.05.2022 pertains to action against the erring officers.
6. CPCB report dated 18.04.2022 mentions the details of meetings, site visit and monitoring of ambient air quality status, source emission monitoring, discussion with the stakeholders, estimated carrying capacity, assimilative capacity, supporting capacity and impact of the brick kilns on the air quality, apart from compensation payable for the individual brick kilns operating in violation of norms. Relevant extracts from the report are:
6.0 Status of compliance of consented brick kilns
