Disposed

Misc Application in disposed of cases No. 81/2024 in Original Application No. 596/2022 of Deepa Pal vs

NGT18 Dec 2024Misc Application in disposed of cases No. 81/2024 in Original Application No. 596/2022

Case brief

AI extract

What is this about?

The NGT disposed of an application seeking compliance review by the UP PCB for a brick kiln. The Tribunal directed the PCB to inspect the facility upon operation startup and ensure recovery of levied environmental compensation.

What did the court decide?

Direction to UP PCB to inspect Respondent No. 1 upon operation startup and ensure recovery of levied environmental compensation.

Misc Application in disposed of cases No. 81/2024 in… — Environment and Pollution | NGT (2024)

¶1

Item No. 10

¶2

Court No. 1

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

M.A. No. 81/2024

¶5

¶6

Original Application No. 596/2024

Deepa Pal

Applicant

Versus

State of UP & Ors.

Respondent(s)

Date of hearing: 18.12.2024

¶13

CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

¶14

Respondent: Mr. Pradeep Misra & Mr. Daleep Dhyani, Advs. for UPPCB (Through VC )

¶15

ORDER

¶16

This MA has been filed registered on the basis of the report submitted by UP PCB in compliance of the order dated 12.02.2024 passed in OA No. 596/2022. In the OA, registered on the basis of the letter petition, grievance was raised relating to illegal operation of the Respondent No. 1-Shakti Brick filed in village Mau Khas Vikas Khand, Amroha, Tehsil Bhognipur, District Kanpur Dehat, Uttar Pradesh in violation of the environmental norms. The Tribunal by order dated 19.09.2022 had constituted the Joint Committee which had submitted the report dated 24.11.2022, which was duly considered by the Tribunal in the order dated 12.02.2024. While disposing of the OA, the Tribunal had directed the Joint Committee, as well as the UP PCB to file the report before the Registrar General of the Tribunal and further observed that if found necessary, the matter would be listed before the Bench.

¶17

In compliance of the above order, the report was submitted by the UP PCB on 26.04.2024 making following recommendations:-

¶18

¶19

“ 5.0 Recommendation:

¶20

Based on the observations stated above followings are the recommendations of the committee for the brick kiln:

¶21

1. The brick Kiln should complete the maintenance work of stack along with arrangement for monitoring of flue gas from the stack as per the CPCB Emission Regulation Guidelines prior to start of next season at least before one week.

¶22

ii. The brick Kiln should install water metering device at the borewell and maintain log book of fresh water consumption with immediate effect.

¶23

iii. The brick kiln shall construct/install wind breaking wall of 03 meter height around the premises without any delay.

¶24

iv. The brick Kiln should without any delay develop an adequate green belt along the periphery of brick kiln for control of fugitive emission as well as dust control.

¶25

v. The brick Kiln should make arrangement for the treatment of domestic effluent and for this purpose prepare project report should be submitted within 15 days. vi. The brick Kiln should submit time bound action plan within a month for compliance of MoEF& CC, Govt. of India notification G.S.R. 143 (E), dated 22.02.2022"

¶26

5. So far as past violations are concerned, UPPCB will take appropriate actions and will submit a report in this regard within two months before the Registrar General of the Tribunal by e-mail at [email protected] 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 before the Bench for consideration.

¶27

2.0 Factual Proceedings

¶28

a. UPPCB vide letter dated 31.10.2022 & 14.11.2022 had issued notice under section 21 (4) of Air (Prevention and Control of Pollution) Act-1981 to concerned brick kiln for compliance of all the conditions mentioned in the CTO Air and CTO Water dated 26.08.2020. The main conditions of the notice dated 31.10.2022 were as following (Copy enclosed and marked as Annexure-1:

¶29

i . Brick kiln generated ash is not properly managed.

¶30

ii . Green belt around the Brick Kiln is not well developed.

¶31

iii . Domestic discharge treatment arrangement was not found. iv . Stack monitoring report is not being shown by the proponent.

¶32

b. But during inspection dated 29.10.2022, and dated 07.12.2022, brick kiln was found not in operation.

¶33

c. Further, Brick kiln has assured vide his letter dated 07.12.2022, to comply all the direction of the notice and order of Hon’ble NGT (Annexure – 2).

¶34

d. Brick kiln obtained its first Consent to Operate (CTO) from board on dated 06.02.2007 and regularly renewed its CTO and is having valid CTO under Section- 21 of Air (Prevention & control of Pollution) Act 1981 and Water (Prevention & control of Pollution) Act 1974, which are valid upto 31.07.2025.

¶35

¶36

e. That it is submitted that as per latest inspection dated 18.04.2024 of joint committee, Brick kiln has complied almost all the direction and has submitted notarized affidavit dated 22.04.2024 regarding full compliance of all the suggestions as per recommendations of joint committee in time bound manner. The copy of the notorized affidavit is being enclosed herewith and marked as Annexure No.-3

¶37

f. As per the above, past violations of brick kiln could not be verified. Report enclosed for kind perusal.

¶38

The above compliance status report is being filed for the kind perusal and consideration of this Hon'ble Tribunal. ”

¶39

Learned counsel for the UP PCB referring to the affidavit of Respondent No. 1 enclosed as Annexure 3 to the report has submitted that Respondent No. 1 has complied with all the recommendations of the Committee. He has further submitted that the action has been initiated for levy of environmental compensation upon Respondent No. 1 by the UP PCB for past violation and the show cause notice was issued for levy of EC for the period 01.01.2023 to 30.06.2023 and 01.01.2024 to 18.04.2024 for violation of 286 days @ ₹6250 per day totalling ₹17,87,500.

¶40

He has submitted that the proceedings for levy of EC are complete and within a day or 2, the final order will be passed.

¶41

Having regard to the above, we dispose of the OA directing the UP PCB to carry out the inspection of Respondent No. 1 as soon as it starts the operation to ascertain if Respondent No. 1 is complying with all the recommendations made by the Joint Committee and also ensure that the EC levied upon the Respondent No. 1 is recovered expeditiously.

¶42

Prakash Shrivastava, CP

¶43

¶44

Dr. A. Senthil Vel, EM

¶45

December 18, 2024 M.A. No. 81/2024 in OA No. 596/2024 A..

¶46

Misc Application in disposed of cases No. 81/2024 in Original Application No. 596/2022 of Deepa Pal vs

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 81/2024 in Original Application No. 596/2022 of Deepa Pal vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Misc Application in disposed of cases No. 145/2024 in Original Application No. 816/2022 of Kartik Mittal vs Anjani Sharma

Misc Application in disposed of cases No. 133/2024 in Original Application No. 601/2018 of Mayank Manohar & Paras Singh Reporter Times of India vs Govt. of N.C.T. of Delhi

Misc Application in disposed of cases No. 134/2024 in Original Application No. 601/2018 of Mayank Manohar & Paras Singh Reporter Times of India vs Govt. of N.C.T. of Delhi

Misc Application in disposed of cases No. 139/2024 in Original Application No. 322/2022 of Rajan Kumar Prasad vs

Misc Application in disposed of cases No. 86/2024 in Original Application No. 304/2024 of Om Pal Singh vs Ram Babu Gupta

Misc Application in disposed of cases No. 146/2024 in Original Application No. 378/2022 of Sahil Garg vs

Misc Application in disposed of cases No. 59/2024 in Original Application No. 56/2024 of Saurabh Tiwari vs Union of India

Misc Application in disposed of cases No. 91/2024 in Original Application No. 477/2016 of Inland Waterways Authority of India vs Union of India

Dimpal Kumar vs State of Punjab

Ankur Jain vs

Rohit Padha vs

Mohinder Pal vs State of Haryana through Director General Mines & Geology

Punjab Dyers Association (Focal Point Module) SCF-36 First Floor Commercial Site Phase v Focal Point Ludhiana through Its Director Mr. Vishal Jain. vs Punjab Pollution Control Board

News Item Titled "Sea of Toxic Foam in Tamil Nadu,S Hosur After Dam Discharges Surplus Water" Appearing in Ndtv.Com Dated 05.12.2024 vs