Disposed

Devidas Khatri v. State of Rajasthan

NGT30 Sept 2024Original Application No. 94/2024

Case brief

AI extract

What is this about?

The NGT disposed of an application alleging illegal operation of a brick kiln without environmental consents. The Tribunal noted actions taken, closure directions, and deposit of compensation by the State PCB, directing periodic monitoring and disposal of the unit's application.

What did the court decide?

Direction to State PCB to periodically monitor the unit and enforce guidelines; disposal of application.

Devidas Khatri vs State of Rajasthan — Environment and Pollution | NGT (2024)

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Item No.7

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No.94/2024(CZ)

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Devidas Khatri Applicant (s) Vs. State of Rajasthan & Ors, Respondent(s)

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Date of Hearing: 30.09.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s): Mr. Rohit Kumar Tuteja, Adv. For Respondent(s) : Ms. Vanshika Dubey, Adv. for Mr. Vaibhav Thakuria, Adv. Mr. Lokendra Singh Kachhawa, Adv.

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ORDER

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The issues raised in this application is illegal operation of the Brick klin without having valid consent to operate and other requisite permission like land conversion permission from CGWA, which is in violation of environmental laws. It is further submitted that the respondent project proponent M/s Mahadev Brick Udyog at village Sarsop, Tehsil Chauth Ka Barwara, District Sawai Madhopur have failed to comply the environmental rules and operating a brick klin in violation of rules.

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The matter was taken up by this Tribunal and a report was called from the committee consisting one representative from the Collector Sawai Madhour, Rajasthan and one representative from the Rajasthsn 1

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Devidas Khatri vs State of Rajasthan & Ors

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O.A. No. 94/2024(CZ

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State Pollution Control Board. In compliance of the order the Members of the Committee visited the site and submitted the report as follows :

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“ Site Visit and Observations :

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In order to scrutinize the contentions/ grievances presented by the applicants, the committee representatives conducted a joint visit to the brick kiln unit on the 17"May 2024. During the visit, focus was placed on environmental conservation considerations, along with the provisions of the Air (Prevention & control of Pollution) Act, 1981& EP Act, 1986. The point wise observations/ views of the committee are as below:

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Unit was inspected in presence of the partner of the brick kiln unit Sh. Mauji Ram Gurjar (partner as reported).

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The Mahadev Brick Udhyog, is situated close to Major District Road MDR-182 (Barauni-Chauth ka Barwara Road) near Village Deoli, Tehsil - Chauth ka Barwara, Dist. Sawai Madhopur (Raj.)

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The latitude and longitude of the brick kiln unit is 26.155082N, 76.086426E.

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During visit, partner of brick kiln unit provided some documents like MSME Udyam Registration Certificate issued by Ministry of Micro, Small and Medium Enterprises, GOI, dated 15/ 12/2022, GST Registration Certificate issued by GOI, dated 14/12/2022 and application of Business Registration Number (BRN) submitted to Directorate of economics & Statics, Rajasthan dated 17/ 12/2022 and copy of Permanent Account Number (PAN) Card issued by Income Tax Department dated 02/12/2022. From the document submitted, it emerge out that the brick kiln unit started its operation somewhere between October 2022 to December 2022

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The brick kiln unit is established on Khasra number 970/130 (Area — 7733.33 Sq Meter), Vill.— Deoli, Gram Panchayat — Sarsop, Tehsil — Chouth ka Barwara, which has been converted for Industrial Purpose (Bricks Bhatta Udhyog) vide Certificate ref. No. 1L.C/2022-23/152138, dated 20.06.2023 issued from office of Sub Divisional Officer, Chouth ka Barwaral

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O.A. No. 94/2024(CZ

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Devidas Khatri vs State of Rajasthan & Ors

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The unit was already established & found operative without obtaining consent to establish & consent to operate from the Rajasthan State Pollution Control Board (RSPCB).

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The unit has failed to adopt zigzag technology, Induced Draft (ID) fans have not provided & even they have not placed bricks in zigzag manner

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The unit have planted some plants/saplings within plant premises, which is insufficient.

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Unit has not provided water spraying arrangement for dust suppression and to prevent the fugitive emission due to vehicular movements.

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One borewell was found operational for domestic and industrial water consumption and there was no metering arrangement was provided at borewell to measure quantity of ground water abstracted and records of utilization of raw water are not maintained.

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The brick kiln owners have not taken NOC from Central Ground Water Authority (CGWA) for ground water abstraction.

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Housekeeping in all around brick kiln premises was found satisfactory.

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Proper demarcation of premises has not been provided by the unit.

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Unit provided infrastructure facility at stack/chimney stack monitoring but the same is inadequate and unsafe infrastructure facility for stack monitoring

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Unit has provided gravitational settling chamber along with stack height of more than 30 meters, which is adequate for brick kiln unit.

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Unit has not provided haul road/ pukka road inside the unit premises for vehicular movement.

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Unit has not provided proper covering arrangement for raw material.

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O.A. No. 94/2024(CZ

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Devidas Khatri vs State of Rajasthan & Ors

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The brick kiln unit is using wood and agricultural waste (crop residue) as a fuel, which is found stored in open area within premises.

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The brick kiln owners have not obtained Short Term Permit (STP) from Mining Department for excavation of soil.

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Action Taken :

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Mining Department has inspected the brick kiln unit on 2.6.2024 and found that Brick earth mineral is being used illegally at the unit without prior permit from the Department of Mines & Geolgy. Therefore, Office of Assistant Mining Engineer, Sawai Madhopur issued show cause notice to brick kiln owners on 2.6.2024 under Rajasthan Minor Mineral Concession Rules, 2017,

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The Brick kiln is operative without obtaining consent to establish and consent to operate and non-compliances were observed during visit, therefore Regional Office, Rajasthan State Pollution Control Board, Sawai Madhopur had issued closure directions under the section 31 A of the Air (Prevention & Control of Pollution) Act 1981 vide letter dated 3.6.2024,

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Regional Office, Rajasthan State Pollution Control Board, Sawai Madhopur sent letter to Head Office, RSPCB for imposition of Environmental Compensation on brick kiln unit for establishment & operational without obtaining prior permission from the State Board as well as for non-compliances observed during visit.

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Notices were also issued to the respondents and in reply thereof the Learned Counsel for the Respondent no. 2 has submitted that after inspection a show cause notice was issued against the Project Proponent and after giving an opportunity of hearing an amount to the tune of Rs. 548250/was calculated as environment compensation and respondents were directed to deposit and the same has been deposited. The unit has been closed.

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O.A. No. 94/2024(CZ

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Devidas Khatri vs State of Rajasthan & Ors

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The respondent no. 3 has submitted the reply that the bricklin has been established as per the zig zag technology and all pollution control measures were taken care of. Bricklin has been established on the land converted for commercial use and necessary permission from the authorities concerned have been obtained. It is further submitted that at present the bricklin is nonoperational and respondent has no intention to operate without having requisite consent from the Pollution Control Board. The amount of environmental compensation has been deposited by the respondent. It is further submitted that the respondent/project proponent has provided civil infrastructure for zig zag technology and that more than 300 trees have been planted to maintain the environmental balance. The matter with regard to environmental compensation was reported to the Member Secretary and it is submitted by the Learned Counsel for the respondent/ Member Secretary, State Pollution Control Board that necessary actions are being taken against the delinquent employee. Respondent no. 3/State PCB has further submitted that the environment compensation as decided and calculated has been deposited in the relevant account. The EC amount should be utilised for the maintenance of the environment within the locality.

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Learned Counsel for the respondent/PP has submitted that environmental compensation, which has been assessed by the State Pollution Control Board has been deposited and their application for concerned conditions is pending before the appropriate authority/RSPCB and further under taken that they will not operate the unit unless the concerned condition is not issued by the State Pollution Control Board.

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O.A. No. 94/2024(CZ

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Devidas Khatri vs State of Rajasthan & Ors

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Accordingly, we direct that the State PCB has to periodically monitor the unit and to enforce the guidelines issued in this behalf and to further to dispose/pending application of the PP within a reasonable time.

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With these observations the O.A. No. 94 of 2024 (CZ) stands disposed of

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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30^th September 2024 O.A. No. 94/2024(CZ

O.A. No. 94/2024(CZ

Devidas Khatri vs State of Rajasthan & Ors

Devidas Khatri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Devidas Khatri v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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