Item No.7 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No.94/2024(CZ)

Devidas Khatri Applicant (s)

Vs.

State of Rajasthan & Ors, Respondent(s)

Date of Hearing: 30.09.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant (s): Mr. Rohit Kumar Tuteja, Adv. For Respondent(s) : Ms. Vanshika Dubey, Adv. for Mr. Vaibhav Thakuria, Adv.

Mr. Lokendra Singh Kachhawa, Adv.

ORDER

1. The issues raised in this application is illegal operation of the Brick klin without having valid consent to operate and other requisite permission like land conversion permission from CGWA, which is in violation of environmental laws. It is further submitted that the respondent project proponent M/s Mahadev Brick Udyog at village Sarsop, Tehsil Chauth Ka Barwara, District Sawai Madhopur have failed to comply the environmental rules and operating a brick klin in violation of rules.

2. The matter was taken up by this Tribunal and a report was called from the committee consisting one representative from the Collector Sawai Madhour, Rajasthan and one representative from the Rajasthsn State Pollution Control Board. In compliance of the order the Members of the Committee visited the site and submitted the report as follows :

“Site Visit and Observations In order to scrutinize the contentions/ grievances presented by the applicants, the committee representatives conducted a joint visit to the brick kiln unit on the 17"May 2024. During the visit, focus was placed on environmental conservation considerations, along with the provisions of the Air (Prevention & control of Pollution) Act, 1981& EP Act, 1986. The point wise observations/ views of the committee are as below:

 Unit was inspected in presence of the partner of the brick kiln unit Sh. Mauji Ram Gurjar (partner as reported).

 The Mahadev Brick Udhyog, is situated close to Major District Road MDR-182 (Barauni-Chauth ka Barwara Road) near Village Deoli, Tehsil - Chauth ka Barwara, Dist. Sawai Madhopur (Raj.)

 The latitude and longitude of the brick kiln unit is

26.155082N, 76.086426E.

 During visit, partner of brick kiln unit provided some documents like MSME Udyam Registration Certificate issued by Ministry of Micro, Small and Medium Enterprises, GOI, dated 15/ 12/2022, GST Registration Certificate issued by GOI, dated 14/12/2022 and application of Business Registration Number (BRN) submitted to Directorate of economics & Statics, Rajasthan dated 17/ 12/2022 and copy of Permanent Account Number (PAN) Card issued by Income Tax Department dated 02/12/2022. From the document submitted, it emerge out that the brick kiln unit started its operation somewhere between October 2022 to December 2022  The brick kiln unit is established on Khasra number 970/130 (Area — 7733.33 Sq Meter), Vill.— Deoli, Gram Panchayat — Sarsop, Tehsil — Chouth ka Barwara, which has been converted for Industrial Purpose (Bricks Bhatta Udhyog) vide Certificate ref. No. 1L.C/2022-23/152138, dated 20.06.2023 issued from office of Sub Divisional Officer, Chouth ka Barwaral  The unit was already established & found operative without obtaining consent to establish & consent to operate from the Rajasthan State Pollution Control Board (RSPCB).

 The unit has failed to adopt zigzag technology, Induced Draft (ID) fans have not provided & even they have not placed bricks in zigzag manner  The unit have planted some plants/saplings within plant premises, which is insufficient.

 Unit has not provided water spraying arrangement for dust suppression and to prevent the fugitive emission due to vehicular movements.

 One borewell was found operational for domestic and industrial water consumption and there was no metering arrangement was provided at borewell to measure quantity of ground water abstracted and records of utilization of raw water are not maintained.

 The brick kiln owners have not taken NOC from Central Ground Water Authority