Disposed

Niraj Kumar v. Dhiraj Kumar

NGT5 May 2025Original Application No. 219/2024

Case brief

AI extract

What is this about?

The Tribunal found that the brick kiln operator violated Consent to Operate norms by shifting operation to an unlicensed site. The court directed the Pollution Control Board to compute and recover environmental compensation after a hearing.

What did the court decide?

The Tribunal directed the Bihar State Pollution Control Board to compute Environmental Compensation against the Respondent after giving them an opportunity of being heard and proceed to recover it.

Niraj Kumar vs Dhiraj Kumar — Environment and Pollution | NGT (2025)

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Item No.07

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.219/2024/EZ

Niraj Kumar & Anr.

Applicant(s)

Versus

Dhiraj Kumar & Ors. Respondent(s) Date of hearing: 05.05.2025 Date of uploading: 13.05.2025 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Dhananjay Mishra, Adv. a/w Ms. Aishwarya Singh, Adv. (in Virtual Mode)

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For Respondent(s) : Mr. Surendra Kumar, Adv. for R-2 & 6, Ms. Amrita Pandey, Adv. for R-3 (in Virtual Mode), Ms. Anamika Pandey, Adv. for R-7 (in Virtual Mode), Mr. Manish Kumar, Project Officer-cum-Director (NEP), DRDA, Khagaria

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ORDER

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Mr. Dhananjay Mishra, learned Counsel assisted by Ms. Aishwarya Singh, learned Counsel is present (in Virtual Mode) on behalf of the Applicants.

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Affidavit dated 03.05.2025 has been filed on behalf of the Respondent No.3, Bihar State Pollution Control Board; the same is taken on record.

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Case called out. No one is present on behalf of the Respondent No.1, Private Respondent. Notice was issued in the case on 07.11.2024 but thereafter on none of the dates, has the Respondent No.1 or his Counsel appeared.

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Affidavit of service has been filed by the Applicant. Track Consignment Report shows service upon Respondent No.1.

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(Final order of the said case will be uploaded in NGT website by separate sheets of paper)

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B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM May 05, 2025, Original Application No.219/2024/EZ SKB

Item No.07

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.219/2024/EZ

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In the matter of:

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1. Niraj Kumar

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S/o Late Dinkar Prasad Yadav,

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Village+Post – Lagar, P.S. – Parbatta, District – Khagaria, Pin – 851216

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2. Archana Kumari W/o Niraj Kumar, Village+Post – Lagar, P.S. – Parbatta, District – Khagaria, Pin - 851216

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.... Applicant(s)

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Versus

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1. Dhiraj Kumar

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S/o Late Dinkar Prasad Yadav, Village+Post – Lagar, P.S. – Parbatta, District – Khagaria

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2. State of Bihar

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Through its Secretary, Department of Environment, Forests & Climate Change, Patna,

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Bihar – 800015

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3. Bihar State Pollution Control Board

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Through its Member Secretary, Parivesh Bhawan, Patliputra Industrial Area, Patliputra, Patna, Bihar – 800010

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4. Union of India

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Through its Secretary, Ministry of Environment, Forests & Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi – 110003

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5. Ministry of Environment, Forests & Climate Change

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Through its Deputy Director General of Forests (C), Integrated Regional Office (ECZ), 2^nd Floor, Headquarter – Jharkhand State Housing Board, Harmu Chowk, Ranchi, Jharkhand – 834002, Ranchi

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6. The District Magistrate, Khagaria

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1^st Floor, Collectorate Building, Koshi College Road, Khagaria, Pin – 851204

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7. State Environment Impact Assessment Authority (SEIAA), Bihar

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.... Respondent(s)

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Date of hearing: 05.05.2025 Date of uploading: 13.05.2025

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Dhananjay Mishra, Adv. a/w Ms. Aishwarya Singh, Adv. (in Virtual Mode)

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For Respondent(s) : Mr. Surendra Kumar, Adv. for R-2 & 6,

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Ms. Amrita Pandey, Adv. for R-3 (in Virtual Mode), Ms. Anamika Pandey, Adv. for R-7 (in Virtual Mode), Mr. Manish Kumar, Project Officer-cum-Director (NEP), DRDA, Khagaria

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ORDER

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This Original Application has been filed by the Applicants alleging that the Respondent No.1 applied for grant of consent to operate his Brick Kiln (Capacity- 15000 Bricks/Day) in the name of M/S D.P.Y Bricks vide application dated 08.07.2022 based on the Zigzag loading of Green Bricks and Natural Draft (Ht. of Chimney– 135 ft.) at Mauza-Karna, At-Mahesh Mor, P.O.Karna, P.S.+ AnchalParbatta, District- Khagaria, Bihar before the Bihar State Pollution Control Board and Consent to Operate (CTO) was granted by the Board on 25.07.2022 valid upto 30.06.2027.

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It is alleged that instead of operating the brick kiln on the land in question namely Khata No. 94, Khesra No. 225, Mauza- Karna, P.S.+ Anchal - Parbatta, District- Khagaria, the Respondent No.1 started operating his Brick Kiln on another location for which he has no license or consent order from the Bihar State Pollution Control Board. It is stated that the Respondent No.1 leased out a

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separate land measuring approximately 100 mtrs. from the abovementioned plot and is operating his Brick Kiln Plant on that land.

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It is also stated that as per condition number 3 of the Emission order dated 25.07.2022, the Respondent No.1 is required to monitor and maintain the Ambient Air Quality (AAQ) in conformity with the Board Standards (emission of Particulate Matters not exceeding 250 mg/Nm3) which has not been observed and is rather than violated by the Respondent No.1.

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It is mentioned that 14 Katha of land bearing Mauja- Karna, Tauji no.-525, P.S. no.- 364, Khata no.- 94, Khesra no.-225 is situated approx. 100 metres from the said Brick Kiln Plant and is registered in the name of the Applicant No.2, Archana Kumari.

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At the time of admission, this Tribunal constituted a Committee comprising of the following Members with a direction to visit in question and submit its Fact Finding Report:-

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i) Senior Scientist, Bihar State Pollution Control Board;

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ii) Representative of the District Magistrate not below the rank of Additional District Magistrate (ADM).

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The SEIAA, Bihar, Respondent No.7 has filed affidavit dated 24.01.2025 and it is stated that in terms of the MoEF&CC Notification dated 25.12.2021, updating the Environmental Clearance application process for B-2 category projects, all B-2 category projects (except those under Schedule 8 of the EIA Notification, 2006) must now apply for Environmental Clearance using Form-2 through the PARIVESH Portal.

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It is stated that the Government of Bihar, Department of Mines and Geology vide Notification No.A.N.-01/L.K. (Bricks)-42/20, 2643/Patna, dated 14.09.2020 has declared that “Provided that the

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quarrying for the purpose of brick kiln shall be deemed as nonmining activity for the purpose of EC and shall not require EC if the depth of quarry is not more than one and half meter from the adjoining ground level…”

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However, it is stated that the Hon’ble Division Bench of the High Court of Judicature at Patna in Civil Writ Jurisdiction Case No.11181 of 2021 has by its order dated 07.03.2024 allowed the said writ petition and set aside the Memorandum issued by the State of Bihar which had stated that mining till the depth of 1.5 meter did not require EC in the State of Bihar. It is stated that in view of the judgment of the Hon’ble High Court obtaining of Environmental Clearance has been made mandatory for mining of minor minerals.

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The Bihar State Pollution Control Board, Respondent No.3 has filed affidavit dated 24.01.2025 and it is stated that the Respondent No.1-Private Respondent, had applied for grant of Consent to Operate (CTO) for operating the brick kiln at Khata No.94, Khesra No.225, Mouza-Karna, P.S.+Anchal-Parbatta, District-Khagaria. The said application was supported by an affidavit regarding conversion of kiln to cleaner technology, regarding excavation of soil upto 1.5 meter for manufacturing of bricks, undertaking for Consent to Operate, photographs of kiln, ID Proof, copy of previous Consent to Operate valid upto 06.09.2022 and its compliance report and fee of Rs.52,300. It is stated that the State Board accordingly granted Consent to Operate to the Respondent No.1 vide order dated 25.07.2022.

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However, the affidavit of the State Board fell short of answering the issue involving in the present Original Application, namely, that the

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Respondent No.1 instead of operating the brick kiln on the land i.e. Khata No.94, Khesra No.225, Mouza-Karna, P.S.+Anchal-Parbatta, District-Khagaria for which Consent to Operate had been granted, started operating his brick kiln at another location for which it had neither license nor consent from the Bihar State Pollution Control Board. Accordingly, this Tribunal directed the State Pollution Control Board to file further affidavit specifically answering the allegations in the Original Application.

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Accordingly, the Bihar State Pollution Control Board, Respondent No.3 has filed further affidavit dated 03.05.2025 bringing on record an Inspection Report of the site in question, of an inspection carried out on 26.04.2025 during which Shri Dheeraj Kumar, owner of M/s D.P.Y. Bricks was also present. The Inspection Report reads as under:-

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“Inspection Report

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In the light of the complaint received from Shri Neeraj Kumar, Village Mahesh Mor, PO Karna, Police Station Zone Parbatta, District Khagaria, the site inspection of M/s. D.P.Y. Bricks, Gauja Karna, Village Mahesh Mor, PO Karna, Dhana Zone Parbatta, District Khagaria was done on 26.04.2025. Shri Dheeraj Kumar was present (Proprietor) at the time of inspection. The facts of the inspection are as follows-

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1. The name of the owner of M/s D.P.Y. Bricks is Mr. Dheeraj Kumar.

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2. The base of this brick pit is rectangular in which bricks are baked using Double Zig Zag technique. A round chimney with natural draft is installed in this brick pit, whose height is approximately 135 feet. A port hole has been arranged in it.

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3. The unit was granted consent for establishment in the year 2016 and consent for operation till 27.10.2019.

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Environmental clearance was granted to this unit by reference number 185 of SEIAA, Bihar, dated 07.09.2015, serial number 92. Consent for operation was granted by the Board’s letter number 1295, dated 19/09/2019, which was valid till 06/09/2022.

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4. Again, this sale clean has been renewed for welfare by the Council’s letter No.790, dated 25/07/2022, which is valid till 30/06/2027.

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5. The owner of the unit informed that the location of the unit has been changed. The location is located about 150 meters away from the old Brick Villan.

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6. The old brick kiln was situated in Khata No.94, Khesra No.225, Mauja Karna, TGhana Achal Parbatta, DistrictKhagaria, whereas the new brick kiln is reported to be situated in Khata No.120, 104, Khesra No.230, 233, Bhija Karna, Thana Abal Parbatta, District Khagaria. Information regarding the exact status (account, khesch) of the unit can be obtained from the concerned revenue officer, Anchal Adhikari, Paschwata.

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7. Compliance with the consent issued to the unit is as follows-

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i. The unit has changed the site without the permission of the Board. The old brick wall has been demolished and in its place, the work of dumping of gravel is being done. The old Vimni is installed but it is of no use.

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ii. The standard for chimney emission is 250mg/Nm3. The proposer has deposited an amount of ₹ 7,300/with the Board for testing the stack of brick kiln. Also, there is no population within the radius of 950g of Vimni, on which the effect of air pollution is negligible.

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iii. Soil mining work is not being carried out by the unit in this session.

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iv. In brick kiln, coal is used in the form of powder. After checking the quality of coal, the amount of ash present in it can be determined.

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v. The top of the brick kiln is covered with ash/baked brick powder for better thermal insulation.

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vi. Some portion of the road through the unit has been paved with bricks but silt has been found on the road. It has been reported that tractor tankers are being used for sprinkling water.

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8. There is no wastewater discharge into the brick kiln. Suspended tanks are used for the treatment of domestic effluents.

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9. Loading and unloading of bricks is done through tractors in the unit premises. Due to the unpaved roads inside the premises, excessive dust is generated which spreads to the surrounding

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10. The unit has provided an affidavit in the order of consent renewal for the year 2022, in which Jagin’s account number is 94, Khesra number-225. This information is clear.

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Recommendation:-

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The operator of the unit may be directed to shut down the dissolving unit due to change of location of the unit.”

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We have heard the learned Counsel for the parties and perused the documents on record.

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No one is present on behalf of the Respondent No.1, though notice was issued in the case on 07.11.2024 but thereafter on none of the subsequent dates, has the Respondent No.1 or his Counsel Appeared. Affidavit of the service has been filed by the Applicant, consignment tracking report of which shows service upon the Respondent No.1.

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The Inspection Report clearly mentions that the Unit has changed the site without permission of the State Board; the old brick wall has been demolished and in its place work of dumping of gravel is being done. It is also stated that standard for chimney emission is 250 mg/Nm³ ; the owner of the Unit has also stated before the Committee that the location of the Unit has been changed and is now about 150 meters away from the old Brick kiln.

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From the Inspection Report, we find that the allegations made in the Original Application with regard to operating of brick kiln by the Respondent No.1 by changing the site for which Consent to Operate was granted is confirmed. Thus, the Respondent No.1 is prima-facie, guilty of violation of Consent to Operate norms as well as of operating as in violation of environmental norms.

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We, therefore, dispose of this Original Application with a direction to the Bihar State Pollution Control Board to compute Environmental Compensation against the Respondent No.1 after giving the Respondent No.1 an opportunity of being heard and thereafter proceed to recover the same in accordance with law.

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I.As. if any, stand disposed of accordingly.

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There shall be no order as to costs.

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..................................... B. Amit Sthalekar, JM

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….......................................... Dr. Arun Kumar Verma, EM

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May 05, 2025, Original Application No.219/2024/EZ AK & MN

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Niraj Kumar v. Dhiraj Kumar

Case brief

What is this about?

What did the court decide?

Niraj Kumar v. Dhiraj Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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