Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 4409

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Syed Riyaz – Appellant
Versus
Union Territory of J & K – Respondent
Original Application No. 594/2022

Advocates:
For the Appellants/Petitioners: None
For the Respondents: Mr. Ghansham Singh, MS, JKPCC (through VC)

Brick kilns must obtain valid pollution consents and adopt zig-zag technology; non-compliant units face mandatory closure, compensation, and prosecution; district authorities enforce orders, subject to superior court relief.

Headnote:(A) Environmental Law - Air (Prevention and Control of Pollution) Act, 1981 - Sections 31A, 37; Water (Prevention and Control of Pollution) Act, 1974 - Section 41 - Brick kilns operating without consent to establish/operate and non-compliant with emission norms - Tribunal directs closure of non-compliant units, levy of environmental compensation, and enforcement by district authorities; no operation without valid consents and zig-zag technology in non-attainment areas by specified deadlines; High Court interim orders prevail where applicable. (Paras 14, 15, 17, 29-36)

(B) National Green Tribunal - Enforcement of environmental compliance - Joint Committee reports, repeated status updates, and progressive closure orders against illegal units; directions to pollution control committee for notices, prosecutions, and coordination with district magistrates; personal attendance of officials for accountability. (Paras 2-29)

Facts of the case:
Letter petition alleging operation of numerous brick kilns without environmental clearances causing air pollution; Tribunal constituted Joint Committee, impleaded authorities, reviewed multiple reports showing hundreds of non-compliant kilns using outdated chimney technology; closure orders issued but violations persisted with some units resuming operations despite directives; 21 specific units impleaded, environmental compensation levied, but some secured High Court interim relief.

Findings of Court:
Out of total brick kilns, significant number lacked valid consents or used polluting technology; closure orders implemented for most, but 134 units in certain districts resumed illegally; environmental compensation finalized against defaulting units; High Court orders to be complied with; district authorities to enforce closures.

Issues: Whether brick kilns can operate without pollution control consents and compliant technology; enforcement of closure orders and levy of compensation; interplay of Tribunal directions with High Court interim relief.

Ratio Decidendi: No brick kiln permitted to operate without valid consents from pollution control board and compliance with emission standards including zig-zag technology in specified areas; authorities must enforce closures through coordination and prosecution; superior court interim orders supersede Tribunal directions in affected cases.

Result: Original Application disposed with directions for enforcement of environmental laws against non-compliant units, Deputy Commissioners to ensure closure compliance within two months, pollution control committee to report by 15.01.2025.

Table of Content
1. illegal brick kilns cause air pollution (Para 1)
2. tribunal constitutes joint committee (Para 2 , 3 , 4)
3. majority brick kilns lack valid consents (Para 5 , 6 , 7 , 8 , 9)
4. jkpcc compliance reports show partial enforcement (Para 10 , 11 , 12)
5. no operation without environmental consents (Para 13 , 14 , 15 , 16)
6. administrative lapses in pcc functioning (Para 18 , 19)
7. contradictory reporting by authorities (Para 20 , 21 , 22)
8. illegal operation despite closure orders (Para 23 , 24 , 25 , 26 , 27 , 28)
9. high court interim stays on enforcement (Para 29 , 30 , 31 , 32)
10. directions for strict environmental compliance (Para 33 , 34 , 35 , 36 , 37 , 38 , 39)

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:

Subject: Status of Brick Kilns in District Budgam
S. No.	District	Name of the Unit/location	Location	Tehsil	Status of Chimney /Technol ogy Adopted	Consent Status Licens	e Status	Remarks w.r.t./ Closure/ legal action taken if

								any
1	Budgam M/s.	Gausia Brick Kiln	Checki- Diwan	Berwah	Fixed chimney with GSC(FC BTK)	CTO(F) vide consent No.1530 of 2011 Date.24.10.11. up to oct.2012.	Licensed but not renewed	Applied for renewal
2	Budgam M/s. Amar Brick	kiln	Charanga m Beerwaha	Berwah	chimney with GSC(FC BTK	PCC/digita1/22 062749 182 of 2022 dated:- 20.9.2022 valid sep. 2023	Licensed but not renewed
3	Budgam M/s. Khan Brick	kiln	Gondipora Beerwah	Berwah	High draught Technol ogy adopted.	PCC/digita1/22 062370 320 of 2022 dated:- 21.6.2022 valid May 2023	Licensed but not renewed
4	Budgam M/s	Village Brick Kiln	Sanzipora Khanda		Fixed chimney with GSC(FC BTK)	Without consent	Licensed but not renewed
5	Budgam M/s.Green Land	B/K	Summerb ugh Lasjan	B K Pora Fixed	chimney with GSC(FC BTK)	CTO(R) vide consent No.891 of 2013 Dated.24-10- 2013 valid Sep.2015.	Licensed but not renewed
6	Budgam M/s.Muheet B/K		Ichgam Budgam	Budgam	Fixed chimney

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2024 Supreme(Online)(NGT) 4409

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert MemberSyed Riyaz – AppellantVersusUnion Territory of J & K – RespondentOriginal Application No. 594/2022

Brick kilns must obtain valid pollution consents and adopt zig-zag technology; non-compliant units face mandatory closure, compensation, and prosecution; district authorities enforce orders, subject to superior court relief.

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Syed Riyaz – Appellant
Versus
Union Territory of J & K – Respondent
Original Application No. 594/2022