Dismissed

Kapil Kumar v. Uttar Pradesh Pollution Control Board

NGT8 Jul 2025Execution Application No. 41/2024

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an execution application regarding compliance with an order to inspect 16 brick kilns in Mathura. The board submitted inspection reports showing closure orders or permissions. The court noted it was the off-season, ordered further action, and dismissed the application.

What did the court decide?

UPPCB to act when kilns re-operate post-season; execution application disposed of.

Kapil Kumar vs Uttar Pradesh Pollution Control Board — Environment and Pollution | NGT (2025)

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Item No. 10

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Execution Application No. 41/2024 In Original Application No. 515/2024

Kapil Kumar

Applicant

Versus

Uttar Pradesh Pollution Control Board & Ors.

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Respondent(s)

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Date of hearing: 08.07.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Subhash Chand Tomar, Advocate in E.A No. 41/2024

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Respondent: Ms. Priyanka Swami, Adv. for the State of UP Mr. Aditya Vaibhav Singh & Mr. Gautam Singh, Advs. for UPPCB

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Mr. Yash Vardhan Kaushik, Adv. for R - 4, 7, 8 & 12 to 15

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ORDER

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By this execution application, the Applicant is seeking compliance of the order dated 08.05.2024 passed in OA No. 515/2024.

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In the OA, the Applicant had alleged that the Respondents No. 4 to 16 brick kilns were operating in District Mathura in violation of the environmental norms and the orders of the Tribunal as also Hon'ble Supreme Court.

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The Tribunal in order to ascertain the correct position had formed a joint Committee with a direction to the Committee to carry out the inspection of the brick kilns, ascertain the extent of violation by them and submit the report to the Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB). The Member Secretary, UPPCB was directed to give an opportunity of hearing to the brick kilns found operating in violation of

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the environmental norms and take appropriate action and submit the action taken report.

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The OA was disposed of with the above direction.

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The Applicant in this execution application had alleged that the above direction of the Tribunal was not complied with.

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The response/report on behalf of the UPPCB has been submitted disclosing the action taken in pursuance to the order of the Tribunal as under:

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“xxx ………………………………xxx……………………………………xxx 6. That further in compliance to the order dated the abovementioned Joint Committee has carried an inspection of the brick kilns in question on 11.02.2025. The inspection reports of the brick kiln in question are collectively being attached herewith and marked as Annexure No.-R2.

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7. That as per the inspection report dated the status of the brick kilns in question is mentioned below in the tabulated format:

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S. *No.*	*Name and Address* *of Brick Kilns*	*As per* *Norms* *(Yes/* *No)*	*Action Taken*	*Status of* *Operation*
1	M/s Fauji Brick Industry (Previously known as M/s Laxmi Brick industry) -Khasra no-334/3, Ramnagala Chandpur	No	State Board Vide letter dated 06.04.2022 issued closure order and imposed an Environmental Compensation Of Rs.9,62,500/-	No
2	M/s Om Sai brick Industry, Khasra no. – 986, Village, Mant, Mathura	No	State Board Vide letter dated11.02.2023 issued closure order and imposed Environmental Compensation of Rs. 8,37,500	No
3	M/s Shiv Brick Industry, Khasra no. – 882/3 Hasanpur, Mant, Mathura	No	State Board vide letter dated 29.03.2022 issued closure order and Environmental Compensation Of Rs.8,25,000/- is imposed	No

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4	M/s Goyal Brick Industry, Khasra no- 1165A, Nauhjheel, Mant, Mathura	No	State Board vide letter dated 11.02.2023 issued closure order and Environmental Compensation of Rs.8,62,500/-is imposed	No
5	M/s Kesav Brick Industry, Khasra no- 191,192B, Mauza- Nauhjheel, Bajna Road Khadar Mant, Mathura	No	State Board vide letter dated 06.04.2022 issued closure order	No
6	M/s Aarav Brick Industry (Previously known as M/s Krishna Brick industry) -Khasra no- 626,665. Village Kala _Mathura Chandpur _	Yes	Consent Under Water / Air Act issued on 31.07.2025	No
7	M/s Ram Brick Industry, Khasra no- 734, Lalpur Sadilpur Road, Mant, Mathura	No	State Board vide letter dated 06.04.2022 issued _closure order _	No
8	M/s Kisan Brick Industry, Khasra no- 27, 28, Near SRBS School Nauhjheel, Mant, Mathura.	No	State Board vide letter dated 30.06.2021 issued closure order	No
9	M/s Jai Durge Brick industry, Khasra no 65 566. Village Chadpur, Lalpur Road Maat, Mathura	Yes	Consent Under Water / Air Act issued on 31.07.2022	No
10	M/s Shah Brick Industry (M/s Shah Brick Industry), Khasra no-209 sultanpatti Gomat Bajna Maat Mathura	Yes	Consent Under Water / Air Act issued on 31.07.2022	No
11	M/s choudhary Brick Industry Khasra no- 376,377 sultanpatti Gomat Bajna Maat Mathura	Yes	Consent Under Water / Air Act issued on 31.07.2022	No
12	M/s OPN Brick Field, Khasra No. 1006, 1007, 1008 Village Sheupatti Bangear Post- Nauhjheel, Tehsil Mant, District Mathura	No	State Board vide letter dated 11.02.2023 issued closure order and Environmental Compensation of Rs. 8,25,500/- is imposed	No

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8. That it is worthwhile to mention here that presently 344 brick kilns are established/operated in District-Mathura wherein 244 brick kilns have valid Consent to Operate (CTO) under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, as amended, from UPPCB. Furthermore, against rest 120 brick kilns a closure orders have been issued and

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environmental compensation has already been imposed against the 49 brick kiln for violation of the closure order issued by UPPCB. A list of the said brick kilns is being attached herewith and marked as Annexure No.-R3 .

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9. That further it is also pertinent to mention here that in compliance to the order dated 08.05.2024 passed in Original Application No. 515/2024, UPPCB after considering the reply of the concern brick kilns and verify their compliance status has revoked the closure order. A list of the said brick kilns is being attached herewith and marked as Annexure No.-R4 .”

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The above report clearly reveals that out of 344 brick kilns established/operating in District Mathura, 100 brick kilns were found to be operating without requisite permissions, therefore, the closure orders have been passed against them.

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Learned Counsel for the Applicant submits that presently it is the off season for the brick kilns, therefore, when the brick kilns start operating again then the inspection should be carried out and those which are operating without permission should be closed down.

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Counsel for the UPPCB has no objection to such a submission.

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Hence, in terms of the same, the needful will be done by the UPPCB.

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The execution application is accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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July 08, 2025 Execution Application No. 41/2024 In Original Application No. 515/2024 dv

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Kapil Kumar v. Uttar Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

Kapil Kumar v. Uttar Pradesh Pollution Control Board

Case brief

What is this about?

What did the court decide?

What the court decided

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