Pre-2012 brick kilns with valid consents exempt from 2012 siting criteria; environmental laws retroactively impose obligations without impairing vested rights, subject to compliance timelines.

ORDER

1. This Original Application (hereinafter referred to as ‘O.A’) has been registered under Section 14 & 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act,2010’) in exercise of suo-moto jurisdiction on a letter petition dated 04.05.2023 from Ram Rang Shukla R/o Village Ramraipur, P.O-Karda, Wazeerganj, Gonda, U.P.

2. Complainant has stated that there is a brick kiln, M/s C.H Ent Bhatta, situated behind Indian Oil Petrol Pump, Bandhawa Chauraha, Wazeergang, Dist Gonda under the proprietorship of Shri Hamid Ali, son of late Shri Salamatullah. The petrol pump is situated at about 300 meters from the brick kiln; there is a canal as well as lush green agriculture land towards north and west of brick kiln and towards south there is a pond; a government high school; and a mango orchard which has become infertile because of massive smoke and dust emitted by the brick kiln. The brick kiln is not meeting siting criteria as per the rules. Further, it is said that the brick kiln was blacklisted by UP Pollution Control Board on 26.07.2021 and order for closure was also passed, but the brick kiln is still operating.

3. Cognizance was taken by Tribunal on 02.08.2023 but to get the factual assertions made in the complaint, verified, Tribunal constituted joint committee comprising Central Pollution Control Board (hereinafter referred to as ‘CPCB’) UPPCB, and District Magistrate, Gonda.

4. The committee was required to submit factual report within one month.

5. Besides other, the committee was also required to verify factual position with regard to siting criteria; Consent to Establish (hereinafter referred to as ‘CTE’) and Consent to Operate (hereinafter referred to as ‘CTO’

6. Pursuant to order dated 02.08.2023, Joint Committee has submitted report dated 30.10.2023 through Chief Environmental Officer, circle-6, UPPCB Giving details of the location etc of the brick kiln, the report says that brick kiln was established in 2011, that is before enforcement of UP Brick Kilns (Siting Criteria for Establishment) Rules, 2012 notified by Government of U.P on 27.06.2012 (hereinafter referred to as ‘Brick Kiln Siting Criteria Rules, 2012’); CTE was issued on 23.03.2011; Brick kiln was also issued CTO and last CTO was issued on 21.09.2022 with installed capacity of 22,000 bricks per day which was valid upto 31.07.2023. At the time of inspection made by the Joint Committee i.e. 26.08.2023, brick kiln was found non-operational due to off-season. With regard to the conversion of brick kiln from natural draft method to zig-zag technology, it is said that Gonda has not been categorized as non-attainment cities and time for conversion was granted up to 21.02.2024.

7. Committee also made certain recommendations which includes conversion of brick kiln to zig-zag technology and stoppage of functioning without upgrading Air Pollution Control System and valid consent form UPPCB. Details given by Joint Committee including observations and recommendations are reproduced as under:

“2. Inspection of M/s CH ENT Bhatta behind Indian Oil Petrol Pump, Bandhawa Chauraha, Wazeerganj, District Gonda, Uttar Pradesh (UP)

Joint committee visited the questioned brick kiln M/s CH ENT Bhatta behind Indian Oil Petrol Pump, Bandhawa Chauraha, Wazeerganj, District Gonda, Uttar Pradesh to verify the factual position with regard to siting criteria and CTE/CTO on 26.08.2023. The detailed inspection report along with salient observations and recommendations are mentioned below: