Disposed

M C Dwivedi vs

NGT5 Aug 2024Original Application No. 425/2022

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an application alleging illegal brick kiln operations affecting an orchard. The Tribunal directed the UPPCB to maintain vigilance against violations, prosecute past violators, and recover environmental compensation after High Court emergencies are resolved.

What did the court decide?

Directed UPPCB to maintain vigil, prosecute violators, and recover environmental compensation post-HC court disposal.

M C Dwivedi vs — Environment and Pollution | NGT (2024)

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Item No. 11

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 425/2022

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M C Dwivedi Applicant

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Versus

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State of U.P. & Ors. Respondent(s)

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Date of hearing: 05.08.2024

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

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ORDER

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This original application was registered on the basis of the letter petition wherein the allegation was against illegal operation of brick kilns in Village Ram Khitoni, Tehsil Sahawar, District Kasganj, Uttar Pradesh in violation of the environmental norms and without Consent to Establish (CTE)/Consent to Operate (CTO). Further allegation of the Applicant was that these illegally operating brick kilns were located in close proximity to his orchard having about 500 mango trees spread over six acres of land and were affecting the mango production.

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The Tribunal by order dated 13.07.2022 had constituted a Joint Committee with a direction to the Joint Committee to undertake the site visit, look into the grievances of the Applicant, verify the factual position and take requisite remedial action by following the due process of law and furnish the report within two months.

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On the basis of the report of the Joint Committee submitted on 13.09.2022, the Tribunal in the proceedings dated 11.10.2022 had

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impleaded the State of UP, UPPCB, District Magistrate and four defaulting brick kilns, namely, Respondent No. 4 – M/s. Ujala Bricks, Respondent No. 5 – M/s. Surpunch Int Udyog, Respondent No. 6 – M/s. Diamond Brick Field and Respondent No. 7 – M/s. Famous Bricks and had directed service of notice on these brick kilns through the District Magistrate, Kasganj.

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The report of the Joint Committee filed on 13.09.2022 mentions that so far as Respondent - M/s. Ujala Bricks is concerned, the same was found to be violating various norms and action for closure of the unit was initiated. In respect of M/s. Surpunch Int Udyog, the report mentions that the brick kiln does not comply with the siting criteria prescribed in Uttar Pradesh Brick Kilns (Siting Criteria for Establishment) Rules, 2012 and that it was not complying with the norms, therefore, the closure order dated 16.07.2021 was issued. The same was the position found in respect of M/s. Diamond Brick Field for which the recommendation for issuance of closure order and imposition of environmental compensation was made. In respect of M/s. Famous Bricks, similar findings were recorded and closure order dated 02.09.2022 was issued.

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Thereafter, the fresh inspection was done. The UPPCB had filed the report dated 09.02.2024 disclosing the position of the brick kilns as record in the inspection dated 07.02.224 as under:

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“2. The latest inspection of these brick kiln was held on 07.02.2024. The unit wise detail of brick kilns are as below:

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i) M/s Sarpanch Ent Udyog, Vill.-Ramchhitauni, P.O.Gadhka, Thana-Ganjdudwara, TehsilSahawar, District Kasganj:- During inspection it was found that the brick kiln was not operational and no stock of raw bricks were found in the trench or nearby area. The Environmental Compensation of Rs. 75,000/- was imposed by U.P. Pollution Control Board vide letter dated 14.02.2023 and since the unit has not deposited the imposed environmental compensation therefore District

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Magistrate, Kasganj was requested to issue recovery certificate vide letter dated 19.12.2023. The copy of the letter dt. 14.02.2023 and 19.12.2023 are enclosed as Annexure-II.

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ii) M/s Diamond Brick Field, Vill.-Ramchhitauni, P.O.Gadhka, Thana-Ganjdudwara, TehsilSahawar, District Kasganj:- During inspection it was found that the brick kiln was not operational and no stock of raw bricks were found in the trench or nearby area. The Environmental Compensation of Rs. 25,000/- was imposed by U.P. Pollution Control Board vide letter dated 14.02.2023 and since the unit has not deposited the impose environmental compensation therefore District Magistrate, Kasganj was requested to issue recovery certificate vide letter dated 19.12.2023. The copy of the letter dt. 14.02.2023 and 19.12.2023 are enclosed as Annexure-III.

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iii) M/s Ujala Bricks (New name- M/s J.P. Ent Bhatta), Vill.-Ramchhitauni, P.O.Gadhka, ThanaGanjdudwara, Tehsil- Sahawar, District Kasganj:- During inspection it was found that the brick kiln was operational in violation of closure order issued by Board . The deterrent Environmental Compensationof Rs. 11,25,000/- has been imposed against the brick kiln by U.P. Pollution Control Board vide letter dated 09.02.2024 for the violation period from 25.12.2023 to 07.02.2024 and the copy of the letter is endorse to District Magistrate Kasganj for information and necessary action.

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iv) M/s Famous Bricks, Vill.- Ramchhitauni, P.O.Gadhka, ThanaGanjdudwara, Tehsil- Sahawar, District Kasganj:- During inspection it was found that the brick kiln was operational in violation of closure order issued by Board . The deterrent Environmental Compensation of Rs. 11,25,000/- has been imposed against the brick kiln by U.P. Pollution Control Board vide letter dated 09.02.2024 for the violation period from 25.12.2023 to 07.02.2024 and the copy of the letter is endorse to District Magistrate, Kasganj for information and necessary action. Earlier also the Environmental Compensation of Rs. 1,75,000/- was imposed by U.P. Pollution Control Board vide letter dated 14.02.2023 and since the unit has not deposited the impose environmental compensation therefore District Magistrate Kasganj was requested to issue recovery certificate vide letter dated 19.12.2023. The copy of the letter dt. 14.02.2023 and 19.12.2023 are enclosed as Annexure-IV.

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The latest report dated 22.04.2024 has been filed by the UPPCB,

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wherein the status in respect of the defaulting brick kilns is reflected as under:

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“xxx ……………………………….xxx………………………………xxx

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3. The inspection of M/s Ujala Bricks, Village Ramchhitoni, Post Gadka, Thana Gunjdundwara, Tehsil Sahawar, District Kasganj and M/s Famous Bricks, Village Kharpara, Thana Gunjdundwara, Tehsil Sahawar,^- District Kasganj was carried on 13.03.2024. Prior to the inspection a notice of inspection has duly been served upon the units in question by the U.P. Pollution Control Board. The prosecution against the M/s Ujala Bricks, Village Ramchhitoni, Post Gadka, Thana Gunjdundwara, Tehsil Sahawar, District Kasganj and M/s Famous Bricks, Village Kharpara, Thana Gunjdundwara, Tehsil Sahawar, District Kasganj is under process. The copies of notice of inspection are annexed as Annexure-IV and V.

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4. During the inspection on 13.03.2024 M/s Famous Bricks, Village Kharpara, Thana Gunjdundwara, Tehsil Sahawar, District Kasganj & M/s Ujala Bricks, Village Ramchhitoni, Post Gadka, Thana Gunjdundwara, Tehsil Sahawar, District Kasganj were found operational without obtaining prior consent from the U.P. Pollution Control Board . Process for imposition of additional Environmental Compensation of Rs. 2,18,750/- against M/s Famous Bricks, Village Kharpara, Thana Gunjdundwara, Tehsil Sahawar, District Kasganj and Rs. 2,18,750/- against M/s Ujala Bricks, Village Ramchhitoni, Post Gadka, Thana Gunjdundwara, Tehsil Sahawar, District Kasganj is under consideration. The copies of the letters dated 20.03.2024 along with the respective inspection reports are annexed as Annexure-VI and VII.

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5. The Joint committee comprising officials of District Administration, Kasganj, Mining Department, Kasganj and U.P. Pollution Control Board has inspected the M/s Ujala Bricks, Village-Ramchitauni, Post-Garhka, Thana-Ganjdudwara, TehsilSahawar, District-Kasganj, M/s Sarpanch Ent Udhyog, VillageRamchitauni, Post-Garhka, Thana-Ganjdudwara, Tehsil-Sahawar, District-Kasganj, M/s Diamond Brick Field, Village-Ramchitauni, Post-Garhka, Thana-Ganjdudwara, Tehsil-Sahawar, DistrictKasganj and M/s Famous Bricks, Village-Kharpara, ThanaGanjdudwara, Tehsil-Sahawar, District-Kasganj on 16.04.2024. During the inspection the abovementioned brick kilns were found closed. The copy of the joint inspection reports are annexed as Annexure-VIII, IX, X and Xl.

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6. Presently the above noted and identified brick kilns were found closed during the inspection done by joint committee on 16.04.2024 . Further, the prosecution against the units in question will be initiated in accordance to the provisions of the Air (Prevention and Control of Pollution) Act, 1981 as amended through Jan Vishwas (Amendment of Provisions) Act, 2023 vide notification dated 11.08.2023 by Ministry of Law and Justice, Union of India, applicable from 01.04.2024 in pursuance to the Gazette dated 18.10.2023 issued by Ministry of Environment, Forest and Climate Change. The copy of the above mentioned notifications are annexed as Annexure- XII and XIII.”

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The above report clearly reflects that the closure orders in respect of all the four brick kilns have been passed and against all the brick kilns, environmental compensation has been imposed. Respondents - M/s. Ujala Bricks and M/s. Famous Bricks have operated by violating the closure orders, therefore, steps have been taken to prosecute them.

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Learned Counsel for the UPPCB has informed that against the imposition of the environmental compensation and recovery, the Respondents – brick kilns have filed Writ -C No. 5459/2024, Writ Petition (C) No. 151/2024 and connected petitions wherein order of status quo has been passed by the High Court of Allahabad, therefore, there is no further progress in respect of recovery of environmental compensation. He has further submitted that so far as the issue of prosecution of those brick kilns who had operated inspite of closure order, steps are being taken to prosecute them. He has further submitted that all the four defaulting brick kilns have now been closed down and they are not operating.

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Keeping in view the above factual status, we dispose of the OA directing the UPPCB to keep continuous vigil over the Respondents No. 4 to 7 – brick kilns and ensure that they do not violate the closure order unless it is varied by the competent court or authority and for their past violation of the closure order, take expeditious steps for prosecution. The UPPCB is also directed to take further steps and recover the environmental compensation after the disposal of pending writ petitions/vacating interim order in the writ petitions by the High Court in accordance with the order passed therein expeditiously.

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10. The OA 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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August 05, 2024 Original Application No. 425/2022 DV

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M C Dwivedi vs

Case brief

What is this about?

What did the court decide?

M C Dwivedi vs

Case brief

What is this about?

What did the court decide?

What the court decided

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