Disposed

Brijesh Singh vs

NGT9 Aug 2024Original Application No. 92/2024

Case brief

AI extract

What is this about?

The NGT disposed of an application regarding illegal operation of a brick kiln. Relying on a Joint Committee report confirming the lack of Consent to Operate and subsequent closure compliance, the Tribunal held no further order was necessary and directed environmental remedy.

What did the court decide?

Directed UPPCB to recover environmental compensation within three months for environmental remediation in accordance with District Environmental Plan.

Brijesh Singh vs — Environment and Pollution | NGT (2024)

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Court No. 2

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Item No. 15

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 92/2024

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Brijesh Singh Applicant Versus State of U.P. & Ors. Respondent

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Date of hearing: 09.08.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Mr. Pramod Kumar, Advocate for Applicant

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Respondents:

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Mr. Pradeep Misra, Advocate for UPPCB (through VC)

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ORDER

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This Original Application (hereinafter referred to as ‘ O.A’ ) has been filed in exercise of suo-moto jurisdiction under Section 14 & 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010’ ) on a letter petition dated 25.08.2023 sent by Brijesh Singh, R/o Basarat Pur, Adalpura, Chuna, Mirzapur.

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Complainant has stated that M/s Shagun Int Udyog though its proprietor Ramesh Singh and Shiva Int Udyog through its partner Shiv Shanker Singh and others are being run illegally in violation of environmental laws. It is said that in respect of M/s Shagun Int Udyog at Janpad Mirzapur Tehsil Chunar, Pargana Haweli village Bharehta, a closure order was issued on 22.05.2019 by U.P State Pollution Control Board (hereinafter referred to as ‘ UPPCB’ ) in compliance of Allahabad High

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Court judgement dated 05.04.2019 passed in Writ Petition no. 5730/2019 and Environmental Compensation of Rs. 64,06,250/- was imposed but the same has not been recovered. Further, M/s Shiva Int Udyog is running illegally in violation of environmental laws. However, its details are not given.

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Tribunal took cognizance of matter on 02.04.2024 only against ‘M/s Shagun Int Udyog’ and impleaded following as respondents:

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(1) State of Uttar Pradesh through District Magistrate, Mirzapur,

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(2) UPPCB through its Member Secretary, and

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(3) M/s Shagun Int Udyog, village Bharehta, Pargana Haweli, Tehsil Chunar, Janpad Mirzapur through proprietor Mr. Ramesh Singh son of Mr. Baldev Singh resident of village Basaratapur, Post Adlapur, Tehsil Chunar, District Mirzapur

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Notices were issued to respondents requiring them to file their replies.

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Tribunal also constituted Joint Committee comprising representatives of UPPCB and District Magistrate, Mirzapur to submit a factual report.

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Pursuant thereto, Joint Committee has submitted its report dated 03.05.2024 through Regional Officer, UPPCB, Sonebhadra. Observations and conclusions recorded by Committee in report the read as under:

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“5. Field Observations of the committee:

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I. M/s Shagun Int Udhyog, Village-Bharehntha, Tehsil-Chunar and District- Mirzapur was not found operational. Although, raw brick filling work found in progress. The brick kiln is engaged in production of bricks as main product using soil and water as raw material.

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II. The brick kiln has not obtained „Consent to Operate‟ (CTO) form UPPCB. No document regarding CTE or CTO issued by UPPCB was presented by the representative of brick kiln during site visit.

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III. The monitoring of gaseous emission could not be done due to non- firing in brick kiln at the time of visit. The gravitational settling chambers as pollution control system could not be verified due to raw brick filling work.

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IV. During visit, the joint committee has stopped the operation of raw brick filling by pouring water through water tanker on raw bricks.

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6. That UPPCB had issued show-cause notice against the brick kiln under the section-31A of Air (Prevention and Control of Pollution) Act, 1981 (As amended) vide letter Dated-24.05.2019 as per recommendation made by Regional Officer, Sonbhadra sent vide letter dated-30.04.2019. The copies of letter dated 30.04.2019 and 24.05.2019 are attached herewith and marked as Annexures No.-2 and 3.

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7. That UPPCB had been issued closure order against the brick kiln under section-31A of Air (Prevention and Control of Pollution) Act, 1981 (As amended) vide letter Dated-14.07.2021 (Annexures No.-4).

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8. That during visit, the joint committee has stopped the operation of raw brick filling by pouring water through water tanker on raw bricks in compliance of closure order dated 14.07.2021. The compliance report of closure is attached herewith and marked as Annexure-5.

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9. That it is submitted that UPPCB has also requested to C.O. (Police), Chunar Mirzapur vide letter dated-02.05.2024 for ensuring the compliance of closure order issued against the brick kiln. Copy of the letter dated 02.05.2024 is attached herewith and marked as Annexure No-6

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Conclusion:

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The brick kiln namely M/s Shagun Int Udhyog, VillageBharehntha, Tehsil- Chunar and District-Mirzapur has not obtained valid „Consent to Operate‟ (CTO) form UPPCB. UPPCB had issued closure order against the brick kiln under the section-31A of Air (Prevention and Control of Pollution) Act, 1981 (As amended) vide letter Dated-14.07.2021. For ensuring the compliance of closure order, the Joint Committee constituted by District Administration, Mirzapur vide Letter dated 09.04.2024 has stopped the operation of raw brick filling by pouring water on raw bricks through water tanker. UPPCB has also requested to Circle Officer (Police), Chunar Mirzapur vide letter dated02.05.2024 for ensuring the compliance of closure order issued against the brick kiln.”

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Report was considered by Tribunal on 10.05.2024. Tribunal noted that brick kiln had not obtained Consent to Operate (hereinafter referred to as ‘ CTO’ ) and running illegally. A direction was issued to stop functioning of brick kiln till further orders. Tribunal also directed for confiscation of bricks (baked or unbaked) within its premises and to be sold by open auction. UPPCB was also directed to initiate proceedings for imposition of environmental compensation and prosecution and submit report.

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Pursuant thereto, report dated 07.08.2024 has been submitted by Regional Officer, UPPCB, Sonebhadra stating that compensation of Rs. Rs. 64,06,250/- has been imposed on brick kiln vide order dated 07.08.2024; brick kiln has actually been stopped by pouring water on raw bricks through water tankers pursuant to closure order dated 02.05.2024.

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In view thereof, we do not find that any further order is required to be passed in this matter. However, UPPCB shall take steps for recovery of environmental compensation, if not already recovered, in accordance with law and utilize the same for remediation of environment in accordance with District Environmental Plan within three months after realizing the amount of environmental compensation.

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With the above directions/ observations, this Original Application is disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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August 09, 2024 Original Application No. 92/2024 AB

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Brijesh Singh vs

Case brief

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Brijesh Singh vs

Case brief

What is this about?

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