Item No. 5A Court No. 1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No. 174/2022 (IA No. 880/2023 & IA No. 08/2024)

Dharmendra Kumar Singh Applicant Versus Union of India & Ors. Respondent(s)

Date of hearing: 14.02.2024 Date of uploading: 04.04.2024 CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER Applicant: Mr. Gaurav Kumar Bansal & Ms. Nandita Bansal, Advs.

Respondent: Mr. Daleep Dhyani, Adv. for UPPCB (Through VC)

Mr. Balendu Shekhar & Ms. Tanisha Samanta, Advs. for CPCB (Through VC)

Mr. Utkarsh Singh, Mr. Rajat Singh, Ms. Nikitavir & Mr. Kartik Sharma, Advs. for R - 8 to 10 Mr. Vivek Kumar Tandon & Mr. Darshnik Narang, Advs. for R - 1

ORDER

1. In this Original Application, the applicant has raised the grievance that the Respondent No. 8, M/s. Aakansha Int Bhatta and Respondent No. 9, M/s. Ashok Kumar Sharma Int Bhatta were operating in violation of the norms and in contravention of the Uttar Pradesh Brick Kilns (Siting Criteria for Establishment) Rules, 2012. During the pendency of this OA, a plea was raised that Respondent No. 9, M/s. Ashok Kumar Sharma Int Bhatta was purchased by one Shri Vyas Singh and the name of Respondent No. 9 was changed to M/s. Pragati Brick Kiln, therefore, Tribunal by order dated 21.12.2023 had impleaded M/s. Pragati Brick Kiln as Respondent No. 10 in this OA.

2. The Tribunal vide order dated 07.03.2022 had constituted a joint Committee with a direction to the Committee to undertake the site visit, look into the grievance of the applicant and file factual and action taken report before the Tribunal.

3. The report dated 03.06.2022 was duly considered by the Tribunal in the proceedings dated 12.07.2022 and after noting contradiction in the inspection report dated 10.10.2000 and the joint Committee report dated 03.06.2022 regarding location of respondent no. 9 brick kiln, the Tribunal on 12.07.2022 had constituted second joint Committee with a direction to the Committee to undertake the site visit, verify the factual position regarding compliance with environmental norms in all relevant particulars including siting criteria, MoEF Guidelines, 2022 and other rules/regulations governing establishment of the brick kiln and take remedial action in accordance with law by following the due process. The Tribunal by order dated 12.07.2022 had also passed an interim order as under:-

“10. In the meanwhile, both the brick kilns shall not be allowed to operate and District Magistrate and Superintendent of Police, Balia shall take all requisite steps to ensure that both the brick kilns do not illegally operate in any manner.”

4. The compliance of directions of Tribunal dated 12.07.2022, second joint Committee had submitted the report dated 23.09.2022. Accordingly, the Tribunal on 21.10.2022 had issued notice to unrepresented respondents. Thereafter, due opportunity was given to the parties to file their response.

5. A counter affidavit/amended counter affidavit on behalf of respondent no. 8 has been filed stating that respondent no. 8, M/s. Aakansha Int Bhatta (formerly, M/s. Raj Brick Work) was established since 2000 in the name of M/s. Khan and Ansari Brick Works and was issued No Objection Certificate for establishment on 10.10.2000. Thereafter, respondent no. 8 brick kiln had changed many hands and was lastly purchased by Geeta Singh in 2021 and is now being operated under the name of M/s. Aakansha Brick Kiln. It is also the stand of respondent no. 8 that the brick kiln was given Consent to Operate from 25.02.2022 to 31.07.2025 which was revoked in pursuance to the order of the Tribunal dated 12.07.2022. In para 6 of the amended counter affidavit, the stand of respondent no. 8 is as under:-

“6. That it respectfully submitted that the respondent brick kiln no-8 i.e. M/s. Aakansha Int Bhatta has submitted affidavit to the committee formed in compliance of order dated 12.07.2022 of