Brick kiln units must strictly adhere to mandatory NGT guidelines, including obtaining a mining plan, environmental clearance, and consent to operate from the State Pollution Control Board, before commencing operations.

ORDER

Order No. 04.

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. The present Writ Petition has been filed by the Petitioner with the following prayer:

“It is, therefore, humbly prayed that this Hon'ble Court may graciously be pleased to issue Rule Nisi calling upon the Opp. Party to show cause as to why a writ in the nature of mandamus or any other appropriate writ(s) shall not be issued to direct the Opp. Parties to frame a guidelines/ Standard Operating Procedure (SOP) including environmental criteria for the purpose of running bricks unit in the district of Jharsuguda and to enroll the petitioner in District Survey Report and further be pleased to restrain the Opposite Parties to interfere the business activities of the petitioner in the place of his business and on perusal of the causes so shown or insufficient causes shown to make the said rule absolute may pass such other order/orders as deemed just and proper.”

4. Learned counsel for the Petitioner submits that the Petitioner is the recorded tenant of his plots in the district of Jharsuguda. The Petitioner has intended to do the brick manufacturing business. The Petitioner has availed factory license and permission from the district administration and also got the firm registered under MSME Department.

5. Learned counsel for the Petitioner further contends that while the Petitioner is continuing his business after obtaining certain documents, some officials are disturbing the business activities of the Petitioner.

6. Learned counsel for the State submits that as per the guidelines framed by the NGT vide notification dated 10.08.2017 the brick kiln unit shall have to obtain the mining plan, environmental clearance and consent to operate from the State Pollution Control Board. These requirements are mandatory. However, the Petitioner has failed to show the aforesaid requirements.

7. In such view of the matter, since the Petitioner has failed to show any of the aforesaid documents, the Tahasildar, Jharsuguda has rightly issued notice to the present Petitioner. Accordingly, the Petitioner has no right to come to the Court seeking the issuance of any guidelines by the Government. However, if any representation is filed by the Petitioner before the Tahasildar, Jharsuguda, the same shall be disposed of within a period of one month from the date of receipt of a certified copy of this order.

8. Accordingly, the Writ Petition is disposed of.