IN THE HIGH COURT OF PUNJAB & HARYANA AT
                       CHANDIGARH



                                            CWP No.5118 of 2007
                                            Date of Decision: 11.12.2008


Baldev Singh
                                                               ..Petitioner

                         versus


Chairman Punjab Pollution Control Board and others

                                                              ..Respondents


CORAM:       HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
             HON'BLE MR. JUSTICE JASBIR SINGH

1.Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?


Present :    Mr. G.S.Chahal, Advocate
             for the petitioner

             Mr. D.S.Patwalia, Advocate
             for respondents No.1 and 2

             Mr. S.S.Behl, Advocate
             for respondent No.3

             Mr. H.S.Sidhu, Addl. A.G. Punjab
             for respondent No. 4.

                                *****

T.S.Thakur, C.J. (Oral) The grievance of the petitioner in this petition filed in public interest is that the brick kiln established by respondent No. 3 violates the siting guidelines for such kilns and that emission from the kilns are beyond the permissible limits under the Air (Prevention & Control of Pollution) Act, 1981.

Insofar as the first limb of the grievance made by the petitioner CWP No.5118 of 2007 [2] is concerned, it is not in dispute that the unit was a pre-existing unit as on the date the guidelines were issued. There was therefore no question of the said unit being subjected to the rigors of any such siting guidelines. In the case of existing units all that is required is that the stack emissions standards shall be 500 Mg/mm3. This is evident from the following passage appearing in the said guidelines:-

" 2.2.3. The guidelines for sitting of the Brick Kilns, Cement Plants/Grinding Units as prescribed by the Board are as under:-

The following siting guidelines have been framed by the Board for setting up of Brick Kilns, Cement Plants/Grinding units:-

              Sr. No.                Distance from                  Distance
             i)          Municipal Corporation Limits             5 Km
             ii)         Class A Town & Cities Limits             2 Km
             Iii)        Other Town and Cities Limits             1 Km
             iv)         Village Lal Dora/Phirni                  500 Mts.
             v.          Wild Life Sanctuary/Zoo                  500 Mts.
             vi.         National Highway                         500 Mts.
             Vii.        State Highway/Scheduled Road             300 Mts.
             Viii.       Residential Area (15 pucca houses)       300 Mts.
             ix.         Educational     Institute/   Historical 300 Mts.
                         Religious       Places/      Protected
                         Monuments


             .        Emission Standards for Brick Kiln

                      S.P.M. (Mg/Nm3)                       750


             .        The existing units not meeting the prescribed siting

guidelines will meet a stack emission standard of 500 mg/Nm3."(emphasis supplied) The only question then is whether the Stack Emission CWP No.5118 of 2007 [2] standards of 500 Mg/mm3 are being violated by the brick kiln established by the respondent. We had in that regard directed the Punjab Pollution Control Board by our order dated 16.9.2008 to take samples and report whether the stack emissions were within the permissible limits for a brick kiln established within the prohibited distance under the siting guidelines.

Learned counsel for the Punjab Pollution Control Board in compliance with the said directions has placed on record a status report, according to which as against the upper limit 500 Mg/NM3, the SPM at the brick kiln in question has been recorded as 416 Mg/NM3 at 12% Carbon dioxide. This is according to Punjab Pollution Control Board within the permissible limits. In that view, therefore, the brick kiln does not appear to us to be violating the stack emission standards stipulated for such kilns. There is no merit in this petition which fails and is hereby dismissed but in the circumstances without any order as to costs.

(T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) JUDGE 11.12.2008 'ravinder'