Tribunal emphasized regulatory compliance and environmental protection under the NGT Act and relevant pollution statutes.

ORDER

1. This Original Application (hereinafter referred to as ‘O.A’) has been filed in exercise of suo-moto jurisdiction under Section 14 & 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) on a letter petition dated 02.08.2023 received from Santosh Singh, R/o 3/408, Vikram Khand, Gomti Nagar, Lucknow, U.P complaining that M/s M/s Baba Brick Field, Village-Karsyora, Tehsil- Laharpur, District- Sitapur, U.P. is operating illegally without Consent from U.P State Pollution Control Board (hereinafter referred to as ‘UPPCB’) since 2018 and causing pollution in violation of provisions of environmental statutes.

2. Cognizance was taken by Tribunal on 18.03.2024 and it impleaded following as respondents:

(1) the State of Uttar Pradesh through District Magistrate, Sitapur,

(2) Member Secretary, UPPCB and

(3) the Project Proponent-M/s. Baba Brick Field, Tehsil Laharpur, District Sitapur, Uttar Pradesh

3. Tribunal issued notices to respondents and also constituted a Joint Committee comprising representative of UPPCB and District Magistrate, Sitapur, Uttar Pradesh. Committee was required to submit a factual report within one month.

4. Joint Committee made spot inspection and its observation in the report dated 24.04.2024 are as under:-

5. Response dated 03.05.2024 has been filed by Regional Officer, UPPCB, Lucknow stating that brick kiln did not satisfy siting criteria provided under U.P Brick Kilns (Siting criteria for Establishment) Rules, 2012 (hereinafter referred to as ‘U.P Siting Criteria Rules, 2012’). Consequently, a show cause notice dated 02.05.2024 was issued by UPPCB requiring the brick kiln concerned to show cause as to why it should not be closed and its mining license be not cancelled.

6. Tribunal considered report and response aforementioned on 10.05.2024 and directed UPPCB to initiate proceedings for imposition of environmental compensation on brick kiln concerned and take steps for prosecution.

7. Pursuant thereto, a further response dated 06.08.2024 has been filed stating that environmental compensation of Rs. 2,81,250/- has been imposed vide letter dated 05.08.2024 and criminal prosecution by filing a complaint under Section 39 D of Air (Prevention and Control of Pollution) Act, 1981 has also been initiated in the Court of Special Judicial Magistrate-I Class Air and Water Pollution, Lucknow on 02.08.2024. It is further stated that brick kiln has been closed and bricks lying in the of brick kiln have been confiscated and sold by public auction vide letter dated 11.06.2024.

8. In view thereof, we do not find that any further order is required to be passed in this matter. However, UPPCB shall take steps for recovery of environmental compensation, if not already recovered, in accordance with law, and utilize the same for remediation of environment in accordance with District Environmental Plan within three months after realizing the amount of environmental compensation.

9. Original Application is disposed of.