NGT directs impleadment of parties, accepts Joint Committee report recommending shift of non-compliant brick kilns from proposed eco-sensitive zone of wildlife sanctuary, pending boundary rationalization and ESZ notification.

ORDER

1. This original application was registered under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) exercising suo moto jurisdiction on a letter petition dated 19.10.2023 received from Utpal Saikia and others.

2. Complainants have stated that Pobitora Wildlife Sanctuary comprised of 2 blocks and a rich biodiversity with more than 103 one horned Rhinos, 300 Indian Buffaloes, Leopards, Deers, Pangolins, Wild boars etc., besides migratory birds.

3. One Dilip Chetry, an industrialist, is creating an industrial zone amidst 2 Blocks of Pobitora Wildlife Sanctuary and trying to establish brick-kiln using coal a fuel. It is also said that attend is also been made to establish cement factories and stone quarries in the said area.

4. A Report of Forest Range Officer, Pobitora Wildlife Range sent to Regional Forest Officer vide letter dated 04.05.2023 has also been appended to the said complaint wherein Forest Range Officer has reported that he found brick-kiln at Sativeti area on 01.05.2023 which is surrounded by paddy fields of villagers and is about 500 meters away from the boundary of Rajamayog hill point of Wildlife Sanctuary and falls within proposed eco-sensitive zone of protected area.

5. Further letter dated 04.03.2024 sent by Divisional Forest Officer to Assam State Pollution Control Board has also been placed on record whereby Divisional Forest Officer forwarded inventory report of industries situated in the proposed eco-sensitive zone of Pobitora Wildlife Sanctuary as received from Range Officer, Pobitora Wildlife Range. Vide letter dated 15.01.2024, Forest Officer stated that sanctuary is constituted of two reserve forests namely Bada Mayang Reserve Forest (area 1191.86 hectares) and Pobitora Reserve Forest (area 1584.76 hectares) and government land (area 1104 hectare). The said area was declared as wildlife Sanctuary by the Government of Assam’s notification dated 17.03.1998. Proposed eco-sensitive zone of Pobitora Wildlife Sanctuary includes an extent area of one kilometer radius from the periphery of wildlife sanctuary as also Intermediate States between the above Reserve Forest and government land. Industries enlisted by Range Officer, Pobitora Wildlife Range are situated within the said proposed eco sensitive zone of Pobitora Wildlife Sanctuary. Divisional Forest Officer had requested Chairman Assam State Pollution Control Board to take appropriate action in the matter.

6. Tribunal considered complaint on 27.08.2024 and formed an opinion prima facie that effective action was not taken in matter on complaint and offending industries are still operating in questioned area. However, to verify the facts, Tribunal found it appropriate to obtain a factual report and thus constituted a Joint Committee comprising representative of Secretary, Ministry of Environment Forest and Climate Change, New Delhi; Member Secretary, Assam State Pollution Control Board; representative of Central Pollution Control Board; and Principal Chief Conservator of Forest, Wildlife, Assam.

7. Joint Committee now has submitted report vide email dated 04.11.2024. It is said that site was visited on 18.10.2024 by Joint Committee who found a number of brick kilns and other establishments like resorts, hotels etc. located near periphery of Pobitora Wildlife Sanctuary. Observations/ action taken and recommendations of Committee read as under:-

“2.2 Actions Taken by the Committee:

The committee visited the site on 18.10.2024 and observed number of Brick Kilns and other establishments like resorts, hotels, ete. located near the periphery of Pobitora Wildlife Sanctuary (WLS). However, the committee decided to