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2022 Supreme(Online)(NGT) 500
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Hon'ble Mr. Justice Adarsh Kumar Goel, CJ, Hon'ble Mr. Justice Sudhir Agarwal, J, Hon'ble Prof. A. Senthil Vel, ACJ
Hakam Singh – Appellant
Versus
State of Rajasthan – Respondent
Original Application No. 262/2020 | Earlier O. A. No. 37/2019
For the Appellants/Petitioners: Mr. Pushpinder Singh, Mr. Prabjit Singh, Mr. Ashwani Chobisa
For the Respondents: Mr. Sudhansh Pant, Mr. R.K. Bora, Mr. B.B. Gupta, Mr. Nishant Awana, Mr. Lokendra Singh Kachhwa, Mr. Raj Kumar, Mr. Rahul Pratap
Environmental compliance crucial for operation of brick kilns; operations without consent declared illegal.
Headnote:(A) Air (Prevention and Control of Pollution) Act, 1981 - Compliance of environmental norms by brick kilns - The Tribunal found 225 brick kilns operating without consent in Rajasthan, ruling their operations illegal, thus requiring closure until compliance and accountability for past operations. Environmental compensation of approximately Rs. 32 crore was levied against non-compliant units. (Paras 1-7)
(B) Environmental Law - The Tribunal directed the creation of a joint committee for compliance and remedial action regarding air pollution from brick kilns, emphasizing the necessity of following statutory siting criteria and environmental norms. (Paras 1-7)
Facts of the case:
The respondents operated brick kilns without required consents, contributing to air pollution and breaching environmental norms, prompting regulatory action by the State PCB and implications for past illegal operations.
Findings of Court:
The Tribunal mandated the closure of non-compliant brick kilns and directed compensation based on the polluter pays principle, alongside complying with updated MoEF&CC notifications.
Issues: Main issues revolved around the legal status of brick kilns operating without consent and the adequacy of state enforcement of environmental laws.
Ratio Decidendi: The court emphasized that operations without proper consent are inherently illegal, necessitating closure and accountability while also highlighting the importance of statutory compliance in environmental preservation.
Result: The application is disposed of with directions for further compliance and response to compensation orders.
| Table of Content |
|---|
| 1. litigation regarding compliance of environmental norms by brick kilns. (Para 1 , 2) |
| 2. established operational breaches and the necessity for regulatory compliance. (Para 3 , 4 , 5 , 6) |
| 3. final directions and outcomes related to environmental compliance. (Para 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. Rele
