Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 4520

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 Applicant(s): None
For the Respondents: Mr. Ghansham Singh, MS, JKPCC (through VC)

Brick kilns must obtain valid environmental consents and adopt zig-zag technology in non-attainment areas; violations attract closure orders, environmental compensation, and enforcement by district authorities.

Headnote:(A) Environmental Protection Laws - Brick kilns - Air pollution - Operation without consent to establish/operate - Fixed chimney vs. zig-zag technology - Non-attainment areas - Tribunal directs closure of non-compliant kilns, levy of environmental compensation, coordination between pollution control authorities and district magistrates for enforcement, and compliance reports. High Court interim orders to be respected but final compliance with norms mandatory. (Paras 1-39)

(B) Judicial Enforcement - Pollution control - Persistent violations despite orders - Tribunal impleads defaulting units, imposes environmental compensation, directs site inspections, criminal complaints, and public notices for compliance. (Paras 23-29)

Facts of the case:
Letter petition alleging operation of numerous brick kilns without environmental clearances causing air pollution via unscientific chimneys. Joint Committee reports confirmed violations. Multiple status reports showed hundreds operating without valid consents, many using outdated technology. Tribunal monitored compliance through repeated directions.

Findings of Court:
Out of total brick kilns, significant numbers lacked valid consents or used non-compliant technology. Closure orders issued/implemented for most violators. Environmental compensation levied on defaulting units. District authorities to enforce closures. High Court interim protections noted but not overriding final environmental compliance.

Issues: Whether brick kilns can operate without pollution control consents and compliant technology; enforcement of closure orders despite violations; coordination between regulatory authorities.

Ratio Decidendi: No brick kiln can operate without valid environmental consents and technology compliance (zig-zag in non-attainment areas). Persistent violations warrant closure, compensation, criminal action, and strict monitoring by district authorities in coordination with pollution boards.

Result: Original Application disposed with directions for closure enforcement, compensation recovery, and compliance reports.

Table of Content
1. complaint of illegal brick kilns causing pollution (Para 1 , 2 , 3)
2. joint committee reports illegal operations (Para 4 , 5)
3. detailed status of 213 budgam brick kilns (Para 6)
4. jkpcc compliance reports and actions (Para 7 , 8 , 9 , 10)
5. ongoing monitoring and closure enforcement (Para 11 , 12 , 13 , 14 , 15 , 16)
6. administrative actions for pcc functioning (Para 18 , 19 , 20 , 21 , 22)
7. tribunal summons officials for assistance (Para 23)
8. enforcement against violating brick kilns (Para 24 , 25 , 26 , 27 , 28 , 29 , 30)
9. high court interim relief to defaulters (Para 31 , 32)
10. final disposal with enforcement directions (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

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2024 Supreme(Online)(NGT) 4520

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 environmental consents and adopt zig-zag technology in non-attainment areas; violations attract closure orders, environmental compensation, and enforcement by district authorities.

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