Brick kilns must comply with siting criteria, green belt, emission controls, and consent conditions; UPPCB to enforce violations.

ORDER

1. In this Original Application, registered on the basis of the letter petition, sent by one of the resident of the Punjabi Colony, District Mainpuri, Uttar Pradesh, the complaint is against illegal operation of the three brick kilns namely, (i) Dayal Brick Kiln, Nagriya, District Mainpuri; (ii) Shiv Brick Kiln, Ghitoli, District Mainpuri and (iii) Govind Brick Kiln and Tiles, Devmai, District Mainpuri. The Tribunal had constituted the Joint Committee and had called for the report from the Joint Committee.

2. The report of the Joint Committee filed on 07.01.2023 reflects the following position in respect of compliance/violations by the above three brick kilns:-

“3.0. Inspection and Monitoring of Joint Committee:

Committee carried out the inspection of these three brick kilns namely , i) M/s Dayal Brick and Tiles, Nagariya, District Mainpuri, (ii) M/s Shiv Ent Bhatta, Ghitoli, District Mainpuri and (iii) M/s Govind Brick Works, Devamai, District Mainpuri on 29.11.2022. During inspection only representative of brick kilns proponent was present. The applicant was informed to associate with joint committee and connected telephonically by UPPCB but applicant did not associate with joint committee. Copy of communication with applicant is annexed as Annexure-2. Brick kilns wise salient observations and recommendations of inspection team are as below:

3.1_ Inspection of M/s Dayal Brick and Tiles:

3.1 _1.0bservation:

1. M /s Dayal Brick and Tiles is located at Village Nagariya, Post Dharau, District Nlainpuri and owned by Sh. Lalit Verma.

2. The brick kiln is operational with valid consent granted since 08.01.2002 by UPPCB, copy of the consent in enclosed as Annexure-3..

3. The brick kiln has granted consent with installed capacity 20,000 bricks/day under Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 by UPPCB which is valid up-to 31.07.2025

4. As per receipt of mining fee submitted to Directorate of Geology and Mining, Uttar Pradesh, 1.345 hectare land is allotted to brick kilns for mining in Financial Year 2022-23. Copy of receipt is enclosed as Annexure-4.

5. During visit the brick kiln was found non-operational and it is informed that firing will start from January 2023.

6. The brick kiln is based on zig-zag technology with installed ID fan.

7. The brick kiln does not have adequate stack monitoring facility i.e., proper platform, porthole and ladder.

8. Coal is being used as fuel for brick kiln firing and was stored in open covered with tarpaulin.

9. Internal roads within the premise of brick kilns were unpaved and causing fugitive emission while movement of vehicle.

10. Green belt is developed only two side of brick kiln and remaining two side of brick kiln have no green belt.

11. The brick kiln has one bore well for meeting requirement of manufacturing of green bricks. No flowmeter is installed at borewell and no permission from CGWA has been obtained for the same.

12. As per Lekhpal report, distance of habitation, Orchid, Schools, Petrol Pump, other nearest brick kiln, and National/ State Highway from brick kiln is as bellow:

13. It is also observed tha