Brick kilns must obtain consents and comply with environmental norms; pollution authorities to enforce closures, impose compensation on violators, with High Court orders prevailing over Tribunal directives.

ORDER

1. This Original Application was registered on a letter petition dated 08.05.2022, sent by Syed Riyaz, R/o 51 Gulposh Colony near Aamina Hospital & Nursing Home, National Highway, Chanpora Bypass, Srinagar (Kashmir)raising a grievance that in District Budgam, about 200 brick kilns are operating illegally and unauthorizedly, causing damage to environment. These brick kilns have no consent/clearance from the concerned Statutory Regulators under environmental laws, using unscientific Chimney System which causes clouds of smoke and scatter dust particles and thereby, cause air pollution resulting in health hazard to local residents.

2. Tribunal considered complaint on 19.09.2022 and found it appropriate to constitute a Joint Committee comprising State PCB, Food and Civil Supplies Department, Union Territory of Jammu & Kashmir, Deputy Commissioner, Budgam and Union Territory of Jammu and Kashmir and directed it to submit factual Report by verification of facts stated in the complaint.

3. Tribunal also impleaded Union Territory of Jammu and Kashmir through Chief Secretary, J&K State Pollution Control Committee (hereinafter referred to as ‘JKPCC’) and Deputy Commissioner, Budgam as respondents 1 to 3. Notices were issues to said respondents also.

4. Pursuant to order dated 19.09.2022, Joint Committee filed Report dated 09.01.2023 stating that a large number of brick kilns were operating without requisite permissions/licenses. Some of such brick kilns were demolished by District Administration but some approached High Court in which interim protection was given by passing status quo order.

5. Above Report was taken up in the proceedings stated 14.07.2023,and observing that some brick kilns are operating illegally, direction was given to JKPCC to take action in accordance with law and not to allow any brick kiln expansion or functioning without ensuring compliance with environmental laws and also availability of carrying capacity to maintain ambient air quality norms. JKPCC was directed to submit a further Report within two months.

6. Accordingly, an action taken Report dated 19.04.2023 was filed by JKPCC through its Member Secretary. He gives status of 213 brick kilns in Budgam district as under:

Order

7. It is stated at page 37 in para (b) that out of 213 brick kilns located in Budgam District, status of consent issued by JKPCC to brick kilns in Budgam District as on 13.04.2023 is as under (only the cases which fulfil the guidelines/siting criteria of Brick Kilns):

“Consent to Operate/Renewal granted =77 Consent to Establish (New) granted =04 Consent cases rejected =05”

8. It is also said that Regional Director, JKPCChas issued 96 notices to brick kiln owners who have not got their Consent to Operate (hereinafter referred to as ‘CTO’) renewed.

9. As on 31.03.2023, 46 brick kilns were not complying with environmental norms.

10. Thereafter, a further Status Report dated 04.10.2023 was filed, giving status of 226 brick kilns of district Budgam in the form of chart as under:

2. In compliance to Hon’ble NGT directions in this regard, no new brick kilns in Budgam District are accorded Consent to Establish by J& K Pollution Control Committee till further directions from Hon’ble National Green Tribunal.

3. All the existing Brick Kilns have been brought under the ambit of Consent mechanism strictly in accordance with the conditions s