Order of the National Green Tribunal regarding brick kilns operating illegally in Uttar Pradesh, 12/02/2024
Order of the National Green Tribunal in the matter of Rambharose Tomar Vs State of Uttar Pradesh & Others dated 12/02/2024.
The Tribunal had registered the application on the basis of the letter petition raising the issue relating to illegal operation of brick kilns in Hapur, Uttar Pradesh and had called for the report from the Joint Committee. After considering the report of the Joint Committee, the Tribunal in proceedings dated November 1, 2022 had widened the scope of the matter and had required the Uttar Pradesh Pollution Control Board (UPPCB) to inform about establishment of the brick kilns in Uttar Pradesh which were complying with the environmental norms and action taken against the defaulters.
The report by the UPPCB, March 31, 2023 was considered by the NGT, December 21, 2023 and it was noted that though the report reflects the defaulting brick kilns and closure orders, but the reports did not reflect action which has been taken against all 7880 defaulting brick kilns and the proceedings after issuance of closure orders against 7466 defaulter brick kilns and outcome of the show cause notice issued to 414 defaulting brick kilns.
A report was filed by the UPPCB, February 9, 2024 stated that there are 19718 brick kilns established in the state, out of which 11838 brick kilns have obtained Consent to Operate (CTO) and 7880 brick kilns have not obtained valid CTO from the SPCB under the Air (Prevention and Control of Pollution) Act, 1981 (Air Act, 1981). Out of 7880 defaulter brick kilns, the UPPCB had issued closure orders against 7466 defaulter brick kilns.
The updated information disclosed in the fresh report showed the position as on December 31, 2023 reflects that out of 19718 brick kilns established in Uttar Pradesh, 12728 brick kilns have valid CTO and 6990 brick kilns have not obtained valid CTO under the Air Act, 1981 and closure orders in respect of 6990 defaulter brick kilns have been issued under the Air Act, 1981.
The report mentions that the closure orders against the defaulter brick kilns have been issued with a direction to the respective District Magistrates and District Heads of Police for implementation of the closure orders. However, the report does not disclose the final action in terms of the closure orders and number of brick kilns which have actually been closed down in pursuance of closure orders.
Counsel appearing for the state of Uttar Pradesh sought four weeks time to place on record the status of the brick kilns against whom closure orders were issued and number of brick kilns which have been closed down in pursuance to those closure orders.