The court reinforced the enforcement of environmental regulations, necessitating compliance from brick kilns in eco-sensitive zones.

ORDER

1. This MA has been registered on the basis of the report dated 02.05.2024 filed by the UPPCB in compliance of the order of the Tribunal dated 11.01.2024 passed in OA No. 651/2023.

2. The OA was registered on the basis of the letter petition dated 17.07.2023 sent by one Krishna Nand Yadav, resident of Village Shahpur, Post Sahodih, PS Basdih Road, Balia, Uttar Pradesh, raising a complaint against five brick kilns operating within the radius of one kilometer of village Badsari and Sahodih and the pollution being caused by these brick kilns resulting in serious health issues to the residents. The applicant had alleged that the operation of th0ese brick kilns violates the rules, and also their illegal operation in the eco-sensitive zone, which is a prohibited area.

3. The Tribunal by order dated 11.01.2024 took note of the grievance of the applicant and had found that the grievance relates to compliance of the environmental norms and therefore, disposed of the OA with the directions to the Member Secretary, UPPCB to consider the grievance raised in the OA, carryout the spot inspection, ascertain the correct position and take appropriate expeditious action. The directions of the Tribunal in the order dated 11.01.2024 was as under: -

“xxx xxx xxx

2. The issue raised in the letter petition relates to compliance of the environmental norms. Hence, considering the nature of the allegation we dispose of the present original application requiring the Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB) to duly consider the grievance raised in the original application, carryout the spot inspection, ascertain the correct position and nature of violation by the brick kilns in question and take appropriate action in accordance with law, as expeditiously as possible preferably, within a period of two months from the date of receipt of a copy of this order.

3. Let a copy of this order, along with a copy of the letter petition be sent to the Member Secretary, UPPCB.

4. The action taken report will be submitted by the Member Secretary, UPPCB on or before 30.04.2024 before the Registrar General of the Tribunal by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF and if found necessary, the matter will be listed for consideration before the Tribunal.”

4. In the Report filed by the UPPCB, along with the covering letter dated 02.05.2024, it was disclosed that in compliance with the order of the Tribunal, RO, UPPCB, Azamgarh, had inspected the area of the eco- sensitive zone on 04.03.2024 and had found eight brick kilns operating in the eco-sensitive zone. The report further reveals that the closure order dated 15.07.2021 was issued against M/s. Ghanshyam Singh Ent Bhatta, Sahudih, Bansdih, Balia and the closure order dated 25.04.2024 was passed against brick kilns M/s. US Enterprises, Barsari, Bansdih, Balia and M/s. Kashinath Yadav Ent Bhatta, Bakhauta,, Barsari, Bansdih, Balia under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 . The said report had revealed the names of the other violating units also. Relevant extract of the action taken report submitted by the UP PCB on 02.05.2024 are as under: -

“Key Issue That there are five brick kilns operating within the radius of one kilometer at Gram Sabha Barsari at Sahodih and these brick kilns are causing pollution and affecting the residents in the area of five kilometer and said pollution is leading to various ailments.

Action Taken Report

1. That the Ministry of Environment, Forest And Climate Change, New Delhi vide Notification dated 08.03.2019 has noti