HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 34
 

 
Case :- WRIT - C No. - 38 of 2020
 

 
Petitioner :- Malkhan Singh
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- Ajit Kumar,Vijay Kumar Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Rajeev Misra,J.

1. Heard Sri Ajeet Kumar, Advocate holding brief of Sri Vijay Kumar Verma, learned counsel for petitioner and Sri J.M. Maurya, learned Chief Standing Counsel for State of U.P.

2. Petitioner is seeking a writ of mandamus commanding respondents not to interfere in the functioning of petitioner's running Brick Kiln which is registered in the name of M/s Lodhi Int Udhyog situate in Village Ram Biloni, Tehsil Debai, District Bulandshahar.

3. Sri J.M. Maurya, learned Chief Standing Counsel stated that all Brick Kiln in National Capital Region have stopped pursuant to order dated 18.12.2019 passed by National Green Tribunal, Principal Bench, New Delhi, in Original Application No. 1016 of 2019, Utkarsh Panwar vs. Central Pollution Control Board and Others. A copy of said order placed before us for perusal and the same is as under:-

"1. Vide order dated 15.11.2019, a report was sought from Central Pollution Control Board about the impact of brick kilns including those run by zig zag technology to consider the prayer in the application to close down brick kilns in the NCR till end of February, 2020 or till pollution reaches normal levels.

2. It was observed:

"1. This application seeks direction to close down all the brick kilns in the NCR till end of February, 2020 or till level of pollution reaches normal levels. According to the applicant, 10% of the air pollution in NCR is on account of operation of brick kilns. The air pollution level in NCR has reached unprecedented levels. While there are other factors which may be separately dealt with, 7000 brick kilns in NCR are contributing to the air pollution. The same should be closed for the peak period of pollution to enforce the right of breath fresh air. Doing so will not result in stopping of any important or urgent activity as construction activities are banned. Brick kilns other than zig zag technology have been prohibited by Environment Pollution (Prevention and Control) Authority (EPCA) vide order dated 01.11.2019 but those with zig zag technology are allowed to operate.

2. Prima facie, we find merit in the prayer. Even brick kilns run by zig zag alleged technology add to PM 2.5. Their cumulatively impact on air pollution cannot be ignored. The 'precautionary principle' of environment requires precaution to be taken. Having regard to the air quality data in NCR in the last 15 days and that expected in the next 3 weeks and having regard to the potential for air pollution, we issue interim order to the effect that all brick kilns in NCR may be closed till a scientific study/report is submitted or the situation improves."

3. Accordingly, CPCB has filed a report on 13.12.2019, after conducting a study of sources of fugitive emissions during manufacturing process in the brick kilns. The report concludes:

"In view of above data, it is stated that the average fugitive SPM values are almost same in FCBTK and Zig-Zag brick kilns, at all four monitored stages of brick kiln manufacturing process. These dust/ fugitive emissions are localized and add directly to the ground level concentration of the work place. The concentration of dust in a brick kiln depend on location, nature of activity and weather conditions. During high winds the dust concentrations around the kiln will be reasonably high even in the absence of aforesaid activities.

It may be noted that though the stack emissions are less in case of kilns operating on Zig-Zag technology, when compared to the kilns operating on FCBTK technology on the same fuel, the quantum of fugitive dust emissions from all type of kilns are more or less same. In view of this and the fact that dust emissions may also be generated from the movement of vehicles within the premises of the brick kilns, if the moving area is not paved. CPCB has issued the directions under Section 18(1)(b) of the Air (Prevention and Control of Pollution) Act, 1981, dated 26/6/2017 (Annexure-1), to all the State Pollution Control Boards and Pollution Control Committees, for prevention and control of air pollution in different type of Brick Kilns. SPCBs and PCCs were directed to ensure that (i) all the moving area around the main Brick Kiln is paved with the bricks to minimize the fugitive dust emissions from the Brick Kiln operations, (ii) fine dust not to accumulate all around the Brick Kiln and (iii) enforcement of siting criteria guidelines for brick kilns.

In general, SPCBs and PCCs have incorporated the following specific conditions in the Consent to Operate as well as in the Siting Guidelines for the control of fugitive dust emissions:

Pavement of approach road within the premises of brick kilns, A wall of 3 meters height to be constructed on the sides where land is not available for green belt development to prevent fugitive emissions.

Minimum 33% area of the brick kiln unit to be covered by plantation.

Multi-layer green belt to be developed along the periphery of brick kilns.

CPCB has been in the process of carrying out another study for assessment of different type of brick kilns w.r.t. Source emissions being generated from different type of fuels, in compliance of the order of the Hon'ble NGT in the matter of O.A. No. 1088/2018, Dinesh Chahal & Ors V/s UOI & Ors, the report is likely to be submitted in the last week of December, 2019. The recommendations based on the outcome of this on-going study may also strengthen the efforts to prevent over all air emissions from the brick kilns.

4. Conclusion and Recommendations:

On the basis of the study conducted by CPCB, through PSCST, and the observations made during visit to brick kilns, it may be noted that the overall fugitive dust emissions from all type of brick kilns are similar.

The brick kilns should be operated only after meeting the above conditions of the Consent to Operate/ guidelines issued by regulatory bodies, so as to avoid fugitive dust emissions, irrespective of the technology adopted for firing.

SPCBs/ PCCs are required to ensure and monitor the compliance of conditions as prescribed in Consents to Operate granted to individual brick kilns in order to control fugitive dust emissions."

4. In view of the above, while CPCB may conduct further study for assessment of different types of brick kilns with reference to source emissions from different types of fuels, having regard to the conclusion that average fugitive SPM values are almost same in FCBTK and Zig-Zag brick kilns, the interim order directing closure of brick kilns in NCR will continue till the next date. Thereafter, brick kilns in NCR may be allowed only consistent with the carrying capacity and siting criteria, subject to GRAP, consent conditions and background concentration of ambient air quality.

List for further consideration on 30.01.2020."

4. Since action has been taken by respondents pursuant to an order passed by National Green Tribunal, therefore, we find no reason to interfere in the matter. However, for redressal of his grievance, remedy lies to petitioner to approach National Green Tribunal.

5. In view of above, writ petition is accordingly dismissed.

Order Date :- 6.1.2020 Siddhant Sahu