Order of the National Green Tribunal regarding illegal brick kilns in Bijnor district, Uttar Pradesh, 25/02/2025
Order of the National Green Tribunal in the matter of Rafhat Naeem Siddiqui Vs State of Uttar Pradesh & Others dated 25/02/2025.
Rafhat Naeem Siddiqui, resident of village Ajupura Rani, block and tehsil Nagina, district Bijnor has sent present letter petition which has been treated and registered as an original application. The applicant is a farmer. He said that land near him is being used for illegal mining of soil. Due to excess excavation of soil for brick making and mining beyond permissible limits, the land has become uncultivable and the applicant is facing difficulties in cultivating paddy and sugarcane crops despite filling of sand to reclaim the same.
The NGT, February 25, 2025 directed the District Magistrate and the Superintendent of Police Bijnor and Regional Officer, UPPCB, Bijnor to ensure that no brick kiln operate without compliance with environmental norms and grant of CTO by UPPCB.
The Ministry of Environment, Forest and Climate Change (Moef&CC) has been directed to issue office memorandum for clarifying the legal position with respect to grant of environmental clearance (EC) for mining of soil by brick kilns for the purpose of brick making and clarify applicability of the provisions of EIA Notification, 2006. MoEF&CC will also specify its agency that will approve and monitor such mining by/for brick kilns.
CPCB was directed to issue requisite guidelines for adoption of requisite measures for conservation of top soil and restoration/reclamation of land subjected to mining of soil for brick making; The Guidelines shall also indicate the fly ash disposal mechanism, green cover, metalling of the roads that carry soil/brick etc., water sprinkling for dust mitigation, restoration of mined areas, usage of ground water.
CPCB has been directed to consider and issue appropriate direction that every brick kiln shall display a notice board at a prominent vigil place within its premises. The details would contain the name of the brick kiln with geo-coordinates, phone number; type of design of the brick kiln zig zag/trench; place of soil mining with geo-coordinates and quantity mined in a year; total area of brick kiln and brick production per year; green belt area; groundwater permission; date of issuance of CTE / CTO by PCB among others.
CPCB was also directed to examine the issue of utilization fo ash by brick kilns by constituting a committee of experts or otherwise as considered appropriate and issue requisite directions for incorporation of requisite conditions at the time of grant of CTE / CTO by SPCB / PCCs to the brick kilns.