HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 7
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 492 of 2020
 

 
Petitioner :- Gajendra Singh Rana, S/o Kirpal Singh, R/o Village and Post-Parpa, Thsil Dhaulana, District Hapur
 
Respondent :- State Of U.P. Through Secretary Department of Environment Government of U.P., Lucknow And 4 Others
 
Counsel for Petitioner :- S.S.P. Gupta holding brief of Tabrez Ahmad
 
Counsel for Respondent nos. 3 & 4 :- J. N. Maurya
 

 
Hon'ble Biswanath Somadder,J.

Hon'ble Dr. Yogendra Kumar Srivastava,J.

The present writ petition has been filed as a public interest litigation seeking to raise certain issues with regard to functioning of the brick kiln by the respondent no. 5.

Learned advocate appearing for the respondent nos. 3 and 4 has produced instructions to the effect that the necessary compliance in respect of environment laws have been ensured in respect of the brick kiln in question. The instructions, which have been placed by the learned advocate appearing for the respondent nos. 3 and 4, are as follows :-

"a) That it is a matter of fact that M/s Sheela Devi Int Udyog (Earlier name Vikas Brick Filed and Preet Int Udyog), Village Parpa, Tehsil Dhaulana, District Hapur were issued closure order vide Board's letter dated 05.05.2017.

b) That in compliance of said orders, the kiln was closed by a joint team of officials from District Administration, Hapur, Police, Zila Panchayat, Fire Department and UPPCB by dousing the fire in the said kiln by means of a fire brigade in presences of the applicant in this case Shri Gajendra Singh Rana on 09.05.2017. Compliance of closure order issued by Board dated 05.05.2017 was ensured.

c) That it is a matter of fact that the said kiln changed its name to M/s Ambey Int Udyog and again started operations in the year 2018 without obtaining Consent to Operate from Board, changing to Zig-zag rectangular technology and in violation of closure order issued by Board vide letter dated 05.05.2017.

d) That the said kiln was inspected by officers of Regional Office, Ghaziabad on 05.04.2018 and found that the kiln is operational.

e) That the application of M/s Ambey Int Udyog applied on Online Consent Monitoring and Management System of UPPCB was rejected and action under Section 31A of Water (Prevention and Control of Pollution) Act, 1981 was recommended on 17.04.2018.

f) That closure order against M/s Ambey Int Udyog, Village Parpa, Tehsil Dhaulana, District Hapur was issued by Board on 18.04.2018 in assimilation to closure order issued against that M/s Sheela Devi Int Udyog (Earlier name Vikas Brick Filed and Preet Int Udyog).

g) That a joint team of District Administration, Police and UPPCB inspected the said kiln on 21.04.2018 and the kiln was found closed in compliance of Board's order dated 18.04.2018.

h) That the closure order issued by Board was revoked vide letter dated 18.02.2019 on the basis of site inspection report dated 14.01.2019 in which the kiln was found to be converted to zig-zag rectangular setting in compliance of orders of CPCB.

i) That the said kiln obtained Environmental Clearance for mining 16.10.2017.

J) That M/s Ambey Int Udyog, Village Parpa, Tehsil Dhaulana, District Hapur applied for obtaining Consent to Operated under relevant sections of Air and Water Act by means of Online Consent Monitoring and Management System of UPPCB and the Consent to Operate was issued up to 31.07.2013 under relevant sections of Air and Water Act.

k) That the kiln has a valid Consent to Operate as of today "

Having regard to the aforesaid we are of the view that since necessary steps have been taken by the respondent U. P. Pollution Control Board and its officers to ensure compliance of the relevant statutory provisions, no further order is required to be passed in the present petition.

The writ petition stands disposed of accordingly.

Order Date :- 06.03.2020 Ravi (Biswanath Somadder, J.) (Dr. Y. K. Srivastava, J.)