Brick kiln violations warrant closure, environmental compensation recovery, and remediation until statutory compliances met.

ORDER

1. The Original Application was registered in exercise of suo-moto jurisdiction on a letter petition dated 11.03.2023, sent by Bheekambar Singh R/o Gorai, Tehsil Iglas, District Aligarh.

2. Complainant said that M/s Rewati Balram Brick Kiln is being run at Tamosiya, Gorai road, Beswa, Aligarh in violation of environmental norms; Project proponent i.e., concerned brick kiln is digging soil without permission and without payment of royalty; and consent to Operate (hereinafter referred to as ‘CTO’) obtained from Uttar Pradesh Pollution Control Board (hereinafter referred to as ‘UPPCB’) has already expired and despite that brick kiln is running and violating Statutory Provisions and environmental norms causing air pollution and health hazardous to local people.

3. Taking cognizance on 31.07.2023 this Tribunal was prima-facie satisfied that a substantial question relating to environment has arisen out of implementation of enactments specified in Schedule-I to National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’). Hence, for obtaining Factual Report it constituted a Joint Committee comprising UPPCB and District Magistrate, Aligarh.

4. Pursuant to the order dated 31.07.2023 Joint Committee submitted report dated 01.09.2023, stating that brick kiln has capacity of twenty thousand bricks per day; at the time of inspection it was not found operating; the brick kiln is following natural draft method for its functioning; for maintenance of flue gases platform and porthole are not as per standards; brick kiln was established in 2005; consent was granted vide letter dated 25.11.2005 by UPPCB and at the time of inspection seven lacks bricks were found in trench of brick kiln and ten lacs were found stored but no consent was operating on the date of inspection; for violation of environmental laws a show cause notice dated 19.05.2023 was issued by UPPCB under Section 31(A) Air (Prevention and Control of Pollution) Act of 1981, (hereinafter referred to as ‘Air Act, 1981’) proposing environmental compensation of three lacs sixty two thousand five hundred and Closure Order was also issued on 25.08.2023, which was in operation at the time of submission of report.The observations made in the report are reproduced as under:

English translation by Tribunal:

1. “As per official records, the production capacity of the brick kiln is 20,000 bricks/day. At the time of inspection, the brick kiln was not found to be operational. The brick kiln was found to be installed on natural draft method.

2. The latitude of the brick kiln is 27.670113 and longitude is 77.865109. At the time of inspection, the shape of the brick kiln was found to be oval. The chimney of the brick kiln was found to be circular.

3. At the time of inspection, the platform and portal for monitoring the flue gases on the chimney of the brick kiln were not found to be as per the standards. Photographs taken at the time of inspection are enclosed. Copy is enclosed as Annexure 4.

4. As per office records, the said brick kiln is established since 2005. Consent for establishment has been issued in the name of M/s Om Brick Industry, Village-Tamotiya, Tehsil-Iglas, District-Aligarh with reference to letter no.-1955/NOC-377/2005 dated 25.11.2005 of Regional Office, UP Pollution Control Board, Aligarh. A photocopy of registration and TIN number-09225208393 dated 16/03/2011 issued by the Commercial Tax Department is enclosed, a photocopy is enclosed as Annexure-5.

5. Bricks are produced by brick kiln by using clay, sand and water as the main raw material through the process of kneading and baking etc.

6. Water in brick kiln is used for domestic purpose and for mixing clay for m