Operating a brick kiln without necessary environmental permissions constitutes a violation of environmental laws, leading to liability for Environmental Compensation.

ORDER

1. The two Applicants of the present Original Application are seeking a direction to restrain the Respondent Nos.8 and 9 from operating the brick-kiln alleged to be situated in Mouza Roychak, L.R. Khatian No.242, J. L. No.48, Dag 9. The allegation is that there is a brick field by the name “Tara Bricks” situated at Vill. – Roychak, P.O. Maheswara, P.S. – Ramnagar, Dist. – South 24 Parganas. The Applicants are stated to have been residing only 3.00 meters away from the said brick field and about 1.00 meter from the river embankment; there is also a primary school named Roychak Free Primary School within a distance of 15 mtrs. from “Tara Bricks”; it is stated that the Applicants had submitted an application before the Principal Secretary, L & L.R. Department, Government of West Bengal to stop operation of the unauthorised brick field of the Respondent Nos.8 and 9; it is stated that on 06.12.2024, the police of Ramnagar Police Station came and stopped excavation of earth near river Ganges which was carried out by the Respondent Nos.8 and 9 and arrested several people involved in the act of illegal excavation.

2. It is stated that Case No.GR-3945/24 dated 06.11.2024 and Case No.234/24 of Ramnagar Police Station have been filed in the Court of ACJM, Diamond Harbour Police Court. It is alleged that the said Brick-kiln is causing water pollution by carrying out illegal excavation in the Hooghly River embankment. The said Respondents are also stated to have encroached the government road land situated at Mouza Roychak, L.R. Khatian No.242, J.L. No.48, Dag 7. It is also alleged that smoke is emanating from the brick-kiln causing considerable air pollution and health hazard in the area.

3. At the time of admission, this Tribunal constituted a Committee comprising of the following Members with a direction to visit a site in question and submit its Report:-

i) District Magistrate, South 24 Parganas or his representative not below the rank of Additional District Magistrate (ADM); and

ii) Senior Scientist, West Bengal State Pollution Control Board;

4. The Applicant has filed affidavit dated 07.03.2025 bringing on record a reply dated 20.02.2025 to her RTI Application which mentions that Tara Bricks (Respondent No.8 herein) does not have Consent to Operate (CTO).

5. The District Magistrate & Collector, South 24 Paraganas, Respondent No.3 has filed affidavit dated 23.04.2025 bringing on record the Inspection Report of the Committee constituted by this Tribunal, of an inspection carried out of the site in question on 13.03.2025. The Inspection Report reads as under:-

“Minutes of Field Inspection caused by Fact Finding Committee to comply the solemn order Passed by Hon’ble National Green Tribunal dated 12.02.2025 in the matter of BAISAKHI BHOWMIK AND ANR VS THE MEMBER SECRETARY OF WEST BENGAL POLLUTION CONTROL BOARD bearing O.A. Case no. 20/2025/EZ

In compliance with the solemn order of Hon’ble National Green Tribunal, Eastern Zone dated 12.02.2025, in the matter of Baisakhi Bhowmik & Anr. Vs. The Member Secretary of West Bengal Pollution Control Board & Ors. bearing O.A case no. O.A 20/2025/EZ in which the Hon’ble Court has directed,

“9. Considering the allegations made in the Original Application, we deem it appropriate to constitute a Fact Finding Committee comprising of the following members:-

i) District Magistrate, South 24 Parganas or his representative not below the rank of Additional District Magistrate (ADM); and

ii) Senior Scientist, West Bengal State Pollution Control Board;

10. The Committee shall visit the site in question and submit its Report on affidavit withi