Disposed

News Item Titled "Toxic Kilns Pollution Aravallis; Wildlife and Locals Suffer" Appearing in the Tribune Dated 28.12.2024 vs

NGT31 Aug 2026Original Application No. 21/2025

Case brief

AI extract

What is this about?

The Tribunal disposed of an original application based on news reports regarding illegal scrap kilns in the Aravalli region causing pollution. The bench examined reports from Haryana and Rajasthan State Pollution Control Boards detailing inspections and dismantling of illegal units. It directed the Rajasthan board to levy environmental damage compensation within three months and ordered continuous

What did the court decide?

Directed Respondent No. 2-RSPCB to levy environmental damage compensation on violators within three months and directed both Respondents to maintain constant vigil over the area.

News Item Titled "Toxic Kilns Pollution Aravallis… — Environment and Pollution | NGT (2026)

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Item No. 28

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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. 21/2025

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News Item Titled "Toxic Kilns Pollution Aravallis; Wildlife and Locals Suffer" Appearing in the Tribune Dated 28.12.2024

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Versus

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Haryana State Pollution Control Board & Ors.

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Respondent(s)

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Date of hearing: 31.08.2026

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Respondents: Mr. Rahul Khurana & Ms. Bhavya Singla, Advs. for HSPCB Mr. Srinivas Vishven, Adv. for CPCB (Through VC) Ms. Srishti Govil, Adv. for MoEF & CC (Through VC) Mr. Nishant Awana & Ms. Rebecca Mishra, Advs. for RSPCB (Through VC)

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ORDER

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This Original Application (OA) was registered suo-Moto on the basis of the news item tilted as ‘Toxic Kilns Pollution Aravallis; Wildlife and Local Suffer’ published in the Tribune dated 28.12.2024. The news item had highlighted the issue of environmental degradation and pollution in the Aravalli region particularly near Tauru region along the RajasthanHaryana border due to proliferation of illegal scrap kilns. The news item had further disclosed that these potable kilns numbering over a dozen were operating openly without authorization, burning vehicle scrap particularly rubber tyres to produce flatten sheet used as a fuel by brick kilns owners. It was revealed in the news item that combustion process was emitting toxic fumes creating health hazard to the local residents and affecting the wildlife in the area and were also polluting the soil and water.

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The Tribunal by order dated 22.01.2025 exercising the Suo-Moto power recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 had impleaded the concerned Respondents and had issued notices to them. The reply filed by the Respondents reveal that the disclosure made in the news item was correct and the action has been taken by the Respondents-HSPCB and RSPCB against such units.

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The Respondent No. 1-HSPCB has filed the report dated 08.09.2025 disclosing that the site visit of village Nurpur was done on 30.12.2025 when many illegal brickkilns activities with raw-material and processed sheets were observed on the land falling in village Udhanwas, District Alwar Rajasthan. The report also discloses one unit which was found during visit in the Tauru area by RO, Nuh on 24.04.2025. The disclosure so made in that report by the HSPCB was as under:-

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“i. The site of Village Nurpur was visited on 30.12.2024 and during visit no such activity of open burning in illigal kiln was found within the area of Village Nurpur. However, many illegal kilns activities with raw material and processed sheets were observed on land falling in Village Udhanwas, District Alwar, Rajasthan, adjacent to Village Nurpur in Haryana.

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ii. Further, inspections were carried out in the Tauru area by the Regional Office, Nuh on 24.04.2025. During inspection, one such site was identified in Village Milakpur, Tehsil Tauru, District Nuh, where activity of open burning of waste plastic and rubber to manufacture flattened sheets was observed. Consequently, a show-cause notice dated 25.04.2025 was issued to the violators under the Air Act, 1981. Closure directions has also been issued against the unit vide order dated 28.07.2025.”

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The Respondent No. 1 has filed the further report dated 03.05.2025 disclosing the action which has been initiated by the violating unit as follows:-

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“4. That inspections are being carried out in Tauru area by Regional Office Nuh in coordination with the SDM Tauru, Police officials and other concerned department. One such site has been found during inspection on 24.04.2025, where the activity of openly burning of waste plastic, rubber to make flattened sheets in Village Milakpur,

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Tehsil Tauru, District- Nuh was observed (Photos attached as Annexure-R/1). No person found on site. The details of the land owners have been procured from the revenue department and show cause notice vide No. HSPCB/NUH/2025/135-139 dated 25.04.2025 (Annexure-R/2) has been issued to the concerned persons for violation under Air Act, 1981. Further, action will be taken after expiry of SCN as per policy of the Board.”

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A copy of the show cause notice dated 25.04.2025 has been placed on record as Annexure R-2 with the report.

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Subsequently, the additional reply dated 10.03.2026 was filed by the Respondent No. 1 disclosing the assessment of the environmental compensation of Rs. 6,93,750/- which has been sent to the HQ. for finalization on 06.03.2026. The disclosure so made in this report by the Respondent No. 1 is as follows:-

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“5. That inspections are being carried out in Tauru area by Regional Office Nuh in coordination with the SDM Tauru, Police officials and other concerned department. One such site has been found during inspection on 24.04.2025, where the activity of openly burning of waste plastic, rubber to make flattened sheets in Village- Milakpur, Tehsil- Tauru, District- Nuh was observed. No person found on site. The details of the land owners were procured from the revenue department and show cause notice vide No. HSPCB/ NUH/2025/135139 dated 25.04.2025 was issued to the concerned persons for violation under Air Act, 1981. The unit has been closed by Board on 12.08.2025 in compliance of the Closure Orders issued by the Competent Authority vide No. datedHSPCB/NUH/2025/INS/ 109471339CONCO001-005 28.07.2025 (Annexure R1) and compliance report has been sent to HQ vide letter No. HSPCB/NUH/2025/680 dated 14.08.2025 (Annexure R2). Further, interim Environmental Compensation of Rs 6,93,750/- has been assessed and sent to HQ for finalization vide letter No. HSPCB/NUH/2025/1823 dated 06.03.2026 (Annexure - R3).”

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Learned counsel appearing for the Respondent No. 1 submits that the exercise of imposition of environmental compensation on the violating unit will be completed within four weeks.

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So far as the units which were operating in violation of the environmental norms within the jurisdiction of the Respondent No. 2 are concerned, initially a short reply dated 01.05.2025 was filed by the Respondent No.2 disclosing the status as under:-

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“3. That in compliance with the order dated 22.01.2025 passed by this Hon'ble Tribunal, a site inspection was conducted by officers of the answering Respondent on 25.04.2025 in the area mentioned in the news report.

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4. During the inspection, local residents of Village Nurpur, Tauru, Haryana were contacted and they informed that illegal kilns or "Bhattis" were operational near the Rajasthan-Haryana border. It was further stated that these units function mostly during late night hours. 5. Acting on this input, the inspection team visited the border area between Village Udhanwas (Rajasthan) and Village Nurpur (Haryana). The team found that multiple illegal crucibles/Bhattis had been set up in the vicinity, some of which fall within the territorial jurisdiction of Village Udhanwas, Rajasthan.

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6. A resident, Sh. Wasim, confirmed that approximately 8-10 such crucibles/Bhattis are located within Village Udhanwas (Rajasthan), while others fall under the jurisdiction of Haryana. He also informed that these Bhattis operate at night to avoid detection.

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7. At the site, a significant quantity of waste rubber cuttings and plastic sheet cuttings from automobiles was found dumped. As per local inputs, this waste is sourced from the Manesar and Gurugram industrial areas.

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8. The waste material is reportedly burned or melted in open crucibles, and the resulting molten substance is left under the sun to dry. The dried material is later transported to other locations for grinding.

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9. The ground product is used as fuel in brick kilns, these cuttings/sheets/dried melted material is also used as fuel by these units for operating the crucibles/Bhattis.

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10. It is most respectfully submitted that these crucibles/Bhattis are operating without obtaining consent from the Rajasthan State Pollution Control Board and are in violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Environment (Protection) Act, 1986.

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11. Further, no air pollution control devices or safeguards were found at the site during inspection. The emissions from such burning are therefore directly released into the atmosphere, posing a serious threat to local ecology, public health, and wildlife. True copies of photographs taken during the inspection conducted on 25.04.2025 at Village Udhanwas, Rajasthan, showing the illegal Bhattis/crucibles and associated waste material are annexed herewith as Annexure R- 2/1(Colly).

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12. The operation of these units does not require water or electricity connections, and as such, they evade detection through regular utility usage patterns.”

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The above reply reveals that several such units were operating in village Udhanwas, Rajasthan and they were found to be operating without requisite permission and in violation of environmental norms.

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The Respondent No. 2-RSPCB has filed the additional action taken report dated 03.05.2025 disclosing the following action:-

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“6. A joint enforcement action was undertaken on 02.05.2025 by the team, for dismantling of illegal bhattis/crucibles operating within the territory of Rajasthan.

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7. As a result of the said action, existing illegally established eight (8) crucibles/bhattis in the territory of Rajasthan, identified during the earlier inspection were successfully dismantled and rendered nonoperational. True copy of site inspection report dated 02.05.2025, is annexed herewith as Annexure R2/2.”

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Though the above reply reveals that the violating crucibles/bhattis have been identified and dismantled but the said reply does not reflect any action taken by the Respondent No. 2-RSPCB for imposition Environmental Damage Compensation (EDC) upon such violators for their past violations. Learned counsel appearing for the Respondent No. 2 submits that RSPCB has the list of such violators.

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Hence, we direct the Respondent No. 2-RSPCB to levy EDC upon such violators by duly following the principle of natural justice and complete this process within three months.

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The Respondent No.1-HSPCB and Respondent No. 2-RSPCB are directed to file their action taken report with the Registrar General of the Tribunal through email at [email protected] immediately after three months. If deemed necessary, the matter will be listed for consideration before the bench again.

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The Respondents No. 1 and 2 are also directed to have constant vigil over the area concerned to ensure that no such violation takes place in future.

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The OA is accordingly disposed of.

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Prakash Shrivastava, CP Dr. Afroz Ahmad, EM

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August 31, 2026 Original Application No. 21/2025 A

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News Item Titled "Toxic Kilns Pollution Aravallis; Wildlife and Locals Suffer" Appearing in the Tribune Dated 28.12.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Toxic Kilns Pollution Aravallis; Wildlife and Locals Suffer" Appearing in the Tribune Dated 28.12.2024 vs

Case brief

What is this about?

What did the court decide?

What the court decided

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