Disposed

Misc Application in disposed of cases No. 89/2024 in Original Application No. 329/2022 of Pardeep Kumar v. Central Pollution Control Board

NGT6 Sept 2024Misc Application in disposed of cases No. 89/2024 in Original Application No. 329/2022

Case brief

AI extract

What is this about?

This order disposed of an application seeking status on the recovery of Environmental Compensation. The Court directed the District Magistrate, Shamli to submit a compliance report within two months regarding the recovery of dues from two brick kilns that failed to pay imposed compensation.

What did the court decide?

Directed District Magistrate, Shamli to submit a status report within two months regarding recovery of EC from two brick kilns.

Misc Application in disposed of cases No. 89/2024 in… — Public Procurement and Tenders | NGT (2024)

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Item No. 10

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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M.A. No. 89/2024 In Original Application No. 329/2022

Pardeep Kumar

Applicant

Versus

Central Pollution Control Board & Ors.

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Respondent(s)

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Date of hearing: 06.09.2024

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

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Respondent: Mr. Balendu Shekhar & Ms. Tanisha Samanta, Advs. for CPCB

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ORDER

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This MA has been registered on the basis of the report submitted by the UPPCB on 10.05.2024 in pursuance to the order of the Tribunal dated 12.02.2024 in OA No. 329/2022.

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The Tribunal in that order, after considering the report of the joint Committee, had found that the Respondents No. 4 and 5 brick kilns, i.e., M/s. Navbharat Brick Field and M/s. Shiv Brick Field were operating in violation of the environmental norms and Environmental Compensation (EC) was imposed and closure order was issued for these brick kilns.

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The Tribunal, therefore, had reached to the conclusion that the only surviving issue was about the recovery of the EC imposed. Accordingly, the OA was disposed of by directing as under:

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“6. Hence, OA is disposed of directing the concerned authorities to take appropriate action in accordance with law to recover the EC expeditiously. The Member Secretary, UPPCB is directed to file the report before the Registrar General of the Tribunal within three

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months disclosing the status of recovery of EC from Respondents No. 4 and 5 brick kilns by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.”

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As per the said directions, all the concerned authorities were required to take action for the recovery of EC expeditiously.

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The report filed by the UPPCB reveals the current status as under:

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“3.0 Report regarding recovery of Environmental Compensation from M/S. NAVBHARAT BRICK FIELD, VILL. BAMNOLI, UNCHA GAON, BLOCK KANDHLA, DISTT. SHAMLI

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Earlier, Environmental Compensation of Rs. 4,06,250/was imposed against the brick kiln vide H.O. letter dated 21.11.2019 but the unit failed to deposit the same. Hence on recommendation from Regional Office, H.O. Lucknow issued request letter to D.M. Shamli for recovery of Environmental Compensation Rs. 4,06,250/- as Land Revenue.

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Further, during joint committee visit, brick kiln was again found operational due to which UPPCB Head Office Lucknow vide letter dated 26.08.2022 issued additional environmental compensation of Rs. 6,87,500/- which was again not deposited by the unit. Hence, UPPCB, H.O. Lucknow requested to D.M. Shamli for recovery of Environmental Compensation of Rs. 10,93,750/- (Rs. 4,06,250 + 6,87,500) as Land Revenue vide letter dated 22.11.2022.

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In compliance of the above letter, District Magistrate, Shamli forwarded the letter for further action to SDM Kairana, Shamli. SDM Kairana directed the revenue officers to take action for recovery of environmental compensation as land revenue.

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The revenue officers inspected the brick kiln on dated 09.05.2024 for recovery of the compensation. However, as per the report (Annexure-1), the brick kiln was not operational and no representative was found at the Brick Kiln. The Pradhan of the village has also informed that the above brick kiln has been closed since long time.

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Hence, recovery of the compensation as land revenue is still under progress by SDM, Kairana and information shall be submitted by the District Administration once the compensation has been recovered from the defaulter brick kiln.

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As the brick kiln is not operational and no one found at brick kiln, district administration is looking for the

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concerned owners of the brick kiln for initiation of further proceedings.

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4.0 Report regarding recovery of Environmental Compensation from M/S SHIV BRICK FIELD (FORMERLY M/S CHAUDHARY BRICK FIELD), VILL. ASADPUR JIDANA, BLOCK KANDHLA, DISTT. SHAMLI

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In compliance of Hon'ble NGT order dated 11.05.2022, during joint committee visit, brick kiln was found operational violating notification of MoEF&CC dated 22.02.2022 and the order of Hon'ble Supreme Court of India dated 07.03.22 in Civil Appeal Diary No. 18213/2021 titled as NCR Brick Kiln Association Vs Central Pollution Control Board & Others due to which, on the basis of recommendation made by Regional Office, UPPCB, Muzaffarnagar, UPPCB H.O. Lucknow imposed environmental compensation of Rs. 6,87,500/- vide letter dated 16.09.2022.

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As brick kiln did not deposit EC, hence, on the basis of recommendation made by Regional Office, UPPCB, Muzaffarnagar, UPPCB H.O. Lucknow issued request letter to D.M. Shamli for recovery of Environmental Compensation of Rs. 6,87,500/- as Land Revenue vide letter dated 22.11.2022.

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In compliance of the above letter, District Magistrate, Shamli forwarded the letter for further action to SDM Kairana, Shamli. SDM Kairana directed the revenue officers to take action for recovery of environmental compensation as land revenue.

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The revenue officers inspected the brick kiln for recovery of the compensation. However, as per the report (Annexure-2), revenue officer has informed that communication was done through mobile phone with the brick kiln owner Mr. Vinod Kumar, the brick kiln owner has assured to deposit the amount of E.C. within this month.

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Hence, recovery of the compensation as land revenue is still under progress by SDM, Kairana and information shall be submitted by the District Administration once the compensation has been recovered from the defaulter brick kiln.”

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The above report reveals that the matter relating to the recovery of

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EC is pending before the SDM, Kairana and the EC has not been recovered till now.

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Counsel for CPCB has drawn attention to Annexure 1 of the report and has pointed out that the communication has been sent by the UPPCB to the District Magistrate, Shamli. Hence, we require the District Magistrate, Shamli to submit the status report within two months before the Registrar General of the Tribunal disclosing the steps which have been taken for the recovery of EC from the above two brick kilns.

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Let a copy of this order be forwarded to the District Magistrate, Shamli by e-mail for compliance.

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The MA is accordingly disposed of.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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September 06, 2024 M.A. No. 89/2024 In Original Application No. 329/2022 dv..

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Misc Application in disposed of cases No. 89/2024 in Original Application No. 329/2022 of Pardeep Kumar v. Central Pollution Control Board

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 89/2024 in Original Application No. 329/2022 of Pardeep Kumar v. Central Pollution Control Board

Case brief

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What did the court decide?

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