The National Green Tribunal modified a closure order for a brick kiln holding a valid Consent to Operate and maintained the interim stay on Environmental Compensation recovery pending High Court disposal.
Closure order modified to exclude Respondent No. 8; coercive recovery actions stayed pending High Court decision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No. 09
Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No. 273/2022 (IA No. 171/2024, IA No. 638/2023)
Gyanendra Pandey Applicant
Versus
State of U.P. & Ors.
Respondent(s)
Date of hearing: 01.08.2024
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
ORDER
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remedial action by following due process of law and submit the report within two months.
“xxx ……………………………xxx………………………………………xxx 7. In the meanwhile, all the 44 brick kilns in question shall not be operated till further order of this Tribunal. The District Magistrate and the Superintendent of Police, Sitapur shall take requisites steps to ensure that all the 44 brick kilns in question are not operated by the owners till further order of this Tribunal.”
“xxx ……………………………..xxx…………………………………..xxx
9. Learned Counsel appearing for UPPCB has not disputed the fact that the applicant had valid CTO could not be brought to the notice of the Tribunal on 19.01.2023, hence, interim order has been made applicable to the applicant in I.A. also, who was treated to be amongst 44 industrial units. It has also been pointed out that since the applicant has not violated any norms, therefore, no EC has been imposed on the applicant for the prior period.
10. Having regard to the undisputed circumstances which have been pointed out by the Counsel for the respondent no.8 and also
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considering the fact that the applicant was granted CTO on 16.12.2022 valid from 12.12.2022 to 31.07.2027 and the said CTO was operating when the 19.01.2023 order was passed by the Tribunal but this fact could not be brought to the notice of the Tribunal, we deem it proper to modify the order dated 19.01.2023 passed in the OA. Hence, we direct that the restriction imposed by the Tribunal by the order dated 19.01.2023 will not be applicable to respondent no. 8 (applicant in I.A. No. 292/2023).
11. Learned Counsel appearing for UPPCB has submitted that the applicant i.e. respondent no. 8 is required to adopt zig-zag technology and till that is adopted, the applicant cannot be permitted to operate. We make it clear that if the applicant is found to be violating any environmental norms, the concerned authorities will be at liberty to take appropriate action in accordance with law.
12. IA 292/2023 is accordingly disposed of.
13. List on 22.04.2024.”
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EC has been imposed against all the brick kilns which were found to be violating the norms but they have now approached the High Court of Allahabad at Lucknow Bench and there is interim order passed in those writ petitions. The details of writ petitions and interim orders are disclosed in the report dated 30.07.2024 as under:
“xxx ……………………………….xxx………………………………xxx 2. That in compliance to the order dated 22.04.2024, UPPCB has filed Prosecution against remaining 07 Brick kilns on dated 26.07.2024 under section-39(D) of Air (Prevention and Control of Pollution) Act, 1981 as amended. The chart showing status of prosecution is attached as Annexure No. 1.
3. That in compliance to the order dated 22.04.2024 it is to be submitted that UPPCB has conducted inspections of all Brick Kilns the month of June and July 2024. During inspection the Brick Kilns were found closed. Chart showing date of inspection and status of compliance of closure order is attached as Annexure No. 2.
4. That the UP Pollution Control Board has issued letter dated 05.02.2024 and 07.02.2024 to District Collector, Sitapur for recovery of the Environmental Compensation from the defaulter Brick kilns. The copy of letter dated 05.02.2024 and 07.02.2024 is attached as Annexure No. 3.
5. That with regard to I.A. no. 171/2024 filed by the Respondent No's. 10, 11, 22 and 25 it is respectfully mentioned here that Hon'ble High Court, Allahabad, Lucknow Bench in Writ-C No. 151 of 2024 on 12.02.2024 has passed following order:-
“……Till the next date of listing, no coercive measures be taken in respect of the cases where properties have been attached. The undertaking, if any given in connected matters and extended earlier, may also operate till the next date of listing ……”
Copy of order dated 12.02.2024 of Hon'ble High Court, Allahabad, Lucknow Bench in annexed as Annexure No. 4.
6. That Hon'ble High Court, Allahabad, Lucknow Bench in Writ-C No. 151 of 2024 on 16.02.2024 has passed following order:-
“…..17. Till the next date of listing, status-quo existing as on today, shall be maintained. This order shall apply to all the writ petitions connected in this bunch ….”
Copy of order dated 16.02.2024 of Hon'ble High Court, Allahabad, Lucknow Bench in annexed as Annexure No. 5
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7. That Hon'ble High Court, Allahabad, Lucknow Bench in Writ-C No. 1084 of 2024 M/s Maa Vaishno Brick Field V/s State of UP, Writ-C no. 1230 of 2024 M/s Gurudeen Brick Field V/s State of UP, Writ-C no 1106 of 2024 M/s N.G. Brick Field (Old Name Gold Brick Field) V/s State of UP and Writ-C no. 1126 of 2024 M/s Shiv Narain Brick Field V/s State of UP on 16.02.2024 has passed following order:-
“…..For orders, see our order of date passed in Writ-C No. 151 of 2024 ……” 11
Copy of above orders dated 16.02.2024 of Hon'ble High Court, Allahabad, Lucknow Bench in annexed as Annexure No. 6, 7, 8 & 9.
8. That Hon'ble High Court, Allahabad, Lucknow Bench in Writ-C No. 151 of 2024 on 10.07.2024 has passed following order:-
"List after one month.
Interim order, if any, shall continue till the next date of listing"
Copy of order dated 10.07.2024 of Hon'ble High Court, Allahabad, Lucknow Bench in annexed as Annexure No. 10.”
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interim orders are vacated, the authorities will do the needful without any delay in accordance with the final order/orders passed by the High Court.
Prakash Shrivastava, CP
Arun Kumar Tyagi, JM
Dr. A. Senthil Vel, EM
August 01, 2024 Original Application No. 273/2022 IA No. 171/2024, IA No. 638/2023 DV
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2 issues framed by the court
Whether the interim closure order for brick kilns violates the environmental norms of an applicant holding a valid Consent to Operate.
Whether authorities can proceed with recovery of Environmental Compensation amidst stay orders from the High Court.
1 provisions across 1 enactments
Gyanendra Pandey
State of U.P.
Prakash Shrivastava
Arun Kumar Tyagi
A. Senthil Vel
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
