National Green Tribunal disposed of an original application regarding a brick kiln operating in violation of norms. The Joint Committee reported the kiln was closed pursuant to a closure order. Finding no further operation, the Tribunal dismissed the application without ordering relocation or demolition.
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.08
Court No.02
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
Original Application No.650/2023
Aditya Rai Applicant(s)
Versus
State of Uttar Pradesh Respondent(s)
Date of hearing: 05.07.2024
CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None
Respondent: Ms. Sthavi Asthana, Advocate for UPPCB
ORDER
1
issued by Uttar Pradesh State Pollution Control Board (hereinafter referred to as ‘UPPCB’ ) on 09.05.2023 but despite thereof, brick kiln is illegally operating in collusion with authorities.
2
firing of kilns has not started at the said brick kiln. Representative of brick kiln was instructed by Joint Committee not to operate the brick kiln without consent from UPPCB. It is also stated that closure order was passed by UPPCB on 09.05.2023 and pursuant thereto brick kiln was closed by UPPCB with the help of district administration, Sant Kabir Nagar on 29.05.2023. Thus, finding of Committee is that the brick kiln is lying closed. The findings of Committee are reproduced as under:
“The committee found that the mining of the clay as well as laying and firing of the bricks in the brick kiln has been closed by the brick kiln owner in the current ent bhattha season. The committee is in opinion to oversee the ent bhattha from time to time so that the ent bhattha may not be operated without prior CTO of the Stater Board .”
3
conferred upon UPPCB which included directions for closure but there is no power authorizing UPPCB to direct relocation or demolition of any industrial unit.
Sudhir Agarwal, JM
Dr. Afroz Ahmad, EM
July 05, 2024 Original Application No.650/2023 M
4
2 issues framed by the court
Whether the brick kiln found closed by a joint committee due to closure order requires further orders by the Tribunal.
Whether UPPCB has the power to direct relocation or demolition of the industrial unit.
3 provisions across 3 enactments
Aditya Rai
State of Uttar Pradesh
Uttar Pradesh State Pollution Control Board
M/s Mahadev Brick Field
Sudhir Agarwal
Afroz Ahmad
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
