Disposed

Jeetu Yadav v. Up State Pollution Control Board through Its Member Secretary

NGT8 Apr 2025IA No. 650/2024 in Original Application No. 889/2022

Case brief

AI extract

What is this about?

Applicant sought directions against illegal brick kilns in UP causing air pollution. Tribunal examined interim compliance reports, noted shortcomings in verification of closures and recovery of compensation, and directed the PCB to file a detailed district-wise report on operating, non-compliant, and dismantled kilns along with recovery status.

What did the court decide?

Directing UPPCB to file a comprehensive report within one week detailing brick kiln categories (operating with/without consent, demolished) and environmental compensation recovered.

Jeetu Yadav vs Up State Pollution Control Board through… — Environment and Pollution | NGT (2025)

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Item No. 15

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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.889/2022 (I.A. Nos. 650/2024,649/2024, 321/2022, 18/2024,14/2024&13/2024)

Jeetu Yadav

Applicant

Versus

UP PCB &Ors.

Respondent(s)

Date of hearing:08.04.2025

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

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Respondent: Ms. Garima Prasadh, AAG with Ms. Priyanka Swami, Adv. for the State of UP

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Ms. Sthavi Asthana, Adv. for UPPCB (Through VC) Ms. Mariya Mansuri & Ms. Shivani Pawar, Advs. in I.A 649-650/2024

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ORDER

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Learned Counsel appearing for the Applicant in I.A. Nos. 649/2024 and 650/2024 on instructions submits that the Applicant wants to withdraw these IAs. The prayer was allowed. IAs are dismissed as withdrawn.

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This O.A. has been filed under Sections 14 and 15 of NGT Act, 2010 regarding the environmental non-compliance by a large number of brick kilns which are running illegally in Moradabad, Sambhal, Rampur and Amroha and causing air pollution. The allegation is that the concerned authorities are not taking appropriate action in the matter. The Applicant had prayed for directions to the State PCB and the State of U.P. to take necessary action against the brick kiln as per the list dated 21.07.2021, filed as Annexure A-4.

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The issue involved herein attracts provisions of Air (Prevention and Control of Pollution) Act, 1981. The Tribunal upon considering the seriousness of the issues had constituted a committee comprising of CPCB, State PCB and concerned Jurisdictional District Magistrates to verify the facts and file factual and action taken report in terms of compliance of siting and environmental norms as well as standards and other conditions as per notification dated 22.02.2022 and the assimilative capacity of the air to sustain particular number of brick kilns.

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The reports were submitted dated 10.02.2023 and 15.04.2023 by the UPPCB. The reports reveal that in Moradabad 72, Rampur 26, Sambhal 108 and Amroha 75 defaulting brick kilns were operating. Further, the report also revealed that in Moradabad 64, Rampur 26, Sambhal 104 and Amroha 71 brick kilns were found operating even in violation of closure orders issued earlier.

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Considering the violations, the PCB had imposed environmental compensation of Rs. 59.3 Crores against 72 defaulter brick kilns in District Moradabad and Rs. 19.57 Crores against 26 defaulter brick kilns in District Rampur and Rs. 52.62 Crores in respect of District Sambhal and Rs. 26.56 Crores for District Amroha. However, no recovery of environmental compensation was made by the UPPCB.

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For non-deposition of the environmental compensation by the defaulting units, UPPCB submitted that it would initiate action for prosecution of the District Magistrate for non-compliance with the orders under section 31A of the Air Act. Further in the chart provided by UPPCB, the details of defaulting brick kilns were provided. It was observed that there were discrepancies with regard to the units that were operating even after the closure order.

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During the hearing on 20.01.2025, the UPPCB was asked to provide a fresh report with factual information. The learned AAG representing the State of UP submitted that a fresh inspection of brick kilns operating in all four districts would be conducted, the compliance status of those kilns would be assessed, and action would be taken against those violating the norms. She stated that a composite report would be filed concerning all four districts, detailing the operating brick kilns, their compliance status, and the actions taken against them. This report will be supported by affidavits from the District Magistrates of all four districts.

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During the hearing today the report filed by District Magistrates of all the four district were pointed out. The Learned AAG for the State of UP submitted that fresh inspection was conducted. A Committee was formed by the District Magistrate on 03.04.2025 and the Committee inspected the units and found that out of 70 units, 16 defaulter Brick kiln were found operational during the inspection. Operation of these brick kilns was stopped. It is stated that inspection of the remaining 54 defaulter brick kiln by the Committee is going on. The report of the Committee has been handed over to the concerned Police Station to ensure that the brick kilns do not operate further. Few photographs have been enclosed which show fire tenders extinguishing flames in brick kilns. However, it is not clear how only by putting out the flame in the brick kiln further non operation of such illegal brick kiln will be ensured. It is also not clear why Police has been involved in enforcing the closure of the illegal units when the PCB need to perform this duty.

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With regard to Rampur, inspection was carried out to recover environmental compensation against 26 brick kilns. As per the report all the 26 brick kilns have been closed for long time and are not operating

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presently. No details of dismantling of the illegal brick kilns have been indicated.

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With regard to Moradabad, onsite inspections have been carried out, and steps taken to recover environmental compensation. 71 Brick Kilns have been closed down and are not in operation at present. However, no details of dismantling the brick kilns are indicated.

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With regard to Sambhal, onsite inspection has been carried out and also steps taken for recovery of environmental compensation. As per the report, 64 units have been examined, of which of some are reported to be operational but have been closed by the Administration, some have been closed already and a few have been demolished/dismantled. The exact numbers of each of these have not been provided.

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Taking into consideration the short comings in the above four District Wise reports, the UPPCB shall file a fresh report indicating, (a) total no. of Brick Kilns in each of the four districts that are (b) operating with valid consent, (c) those operating without valid consent, (d) if such defaulting brick units have been demolished or not (e) environmental compensation recovered from the defaulting unit.

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The report shall be filed with the above information one week before the next date of hearing.

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List on 11.07.2025.

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Prakash Shrivastava, CP

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Sudhir Agarwal, JM

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Dr. A. Senthil Vel, EM

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April 8, 2025 O.A. No.889/2022 HB..

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Jeetu Yadav v. Up State Pollution Control Board through Its Member Secretary

Case brief

What is this about?

What did the court decide?

Jeetu Yadav v. Up State Pollution Control Board through Its Member Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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