1. The grievance was raised in this application that a large number of brick kilns are operating illegally without having requisite consent/NOC/Clearance from the appropriate Statutory Regulators under the provisions of Water (Prevention and Control of Pollution) Act, 1981, Air (Prevention and Control of Pollution) Act, 1974 and the Environmental (Protection) Act, 1976. It is stated that in the State of Uttarakhand most of the area is hilly terrain and the plain area mostly comprises District Haridwar. More than 190 brick kilns are operating in the area without complying with the requirement of environmental norms and laws in as much as the most of the brick kilns do not have any valid consent/NOC/clearance from the concerned Statutory Regulators and have not followed or applied zig zag technology in running their brick kilns. An information received from RTI is also placed on record to show that out of 195 brick kilns identified by State PCB, only 14 brick kilns have valid consent and rest are operating illegally, still no action has been taken by officials of State PCB.

2. Tribunal noticed that 195 brick kilns were identified in District Haridwar out which only 14 brick kilns were having valid consent, still, other brick kilns were functioning and hence required State PCB to explain as to how the brick kilns without valid consents are running and, if any action was taken, details of such action was required to be furnished. Further, Tribunal constituted a joint Committee comprising State PCB and District Magistrate, Haridwar to submit a factual report and also stated that in the report particulars as to what remedial or preventive action has been taken against brick kilns running illegally in District Haridwar shall be given and also relevant facts on the aspects of citing criteria, and air carrying capacity in accordance with the MoEF&CC Notification dated 22.02.2022 shall be given in the report.

3. Pursuant to order dated 04.11.2022, State PCB has filed a factual report dated 09.01.2023. The report reads as under:

"II. FACTUAL REPORT:

The Joint Inspection Report along with Annexures of a Joint Committee is enclosed as ANNEXURE-1.

As per observations of the Joint Committee and latest status communicated by the Regional Office. Roorkee, the status of brick kilns of district Haridwar is as given below:

1. There are 195 nos. of brick kilns are established in District Haridwar. Out of 195 brick kilns, 141 bricks kilns are converted their brick kilns in to Induced Draft Brick Kilns (Zig-Zag brick setting with rectangular shape of kiln).

2. 05 nos. of brick kilns are under conversion to induced draft brick kiln

3. Out of 141 brick kilns who have converted their brick kilns in to induced draft brick kiln. 71 brick kilns are having valid Consolidated Consent and Authorization (CCA), while CCA application of 37 brick kilns are under consideration.

4. There are 40 brick kilns who have not converted in to induced draft techniques in compliance of the directions issued by the State Board on dated 13.05.2019 under section-33(A) of the Air (Prevention and Control of Pollution) Act, 1981, as amended.

5. Further. 09 brick kilns are dismantled.

Detail status in tabular form of Brick Kilns is enclosed as ANNEXURE- 2.

III. ACTION TAKEN BY UKPCB:

Based on the observations of the Joint Committee, notices have been issued to all such 40 brick kilns who have not converted in to Induced draft brick Kiln (Zig-zag brick setting with rectangular shape of kiln) in compliance of directions issued by the UKPCB on dated 13.05.2019. Copy of notice issued on 02.01.2023 is enclosed as ANNEXURE-3. Further action will be taken in accordance of law.

Notice was also published in daily newspaper (Amer Ujala) on dated 20.11.2022. Copy of newspaper published is enclosed as ANNEXURE-4.

Further. action is being initiated against those brick kilns who have not obtained CCA from the UKPCB under the provisions of the Air (Prevention and Control of Pollution) Act, 1974 and the Water (Prevention and Control of Pollution) Act, 1974, as amended.

IV. Reply of UKPCB w.r.t. Para 4 & 5 of order dated 04.11.2022:

Notices were issued time to time to brick kilns from the Regional Office, Roorkee (Haridwar) time to time for compliance of statutory provisions. Copies of letters issued on 13.09.2021 and 22.09.2022 are is enclosed as ANNEXURE- 5 & 6.

In the year 2021, complaint cases against operator(s) of 10 brick kilns have been filed before the Designated Court by the UKPCB due to no-compliance of provisions of the Air (Prevention and Control of Pollution) Act, 1981 and/or Environment (Protection) Act, 1986. Complaint cases are under pending before the Designated Court. List of such brick kilns is enclosed as ANNEXURE-7.

Further, it is state that permission of new brick kiln will be granted in accordance of notification dated 22.02.2022 of the Ministry of Environment, Forest and Climate Change, Government of India.

The status of Consent to Operate of brick kilns is given in the preceding paras."

4. Along with the report, there is a document filed as Annexure-I in which there is a chart giving overall status of brick kilns as on 16.12.2022 and the same reads as under:

5. The above chart shows that out of 195 brick kilns only 37 have valid consent and rest brick kilns are without consent. It is also evident that 9 brick kilns have been dismantled meaning thereby 186 are functioning out of which only 37 have valid consent. It shows that 149 brick kilns are operating without consent.

6. Learned Counsel appearing for State PCB stated that notices have been issued to some brick kilns but could not explain as to why and how 149 brick kilns which have no consent whatsoever and even if some of them have applied but consent is not granted, how such brick kilns without consent are working. It is well settled that mere submission of application does not mean grant of consent and unless consent is granted the brick kilns could not have been allowed to function. It is evident that State PCB and District Magistrate are operating illegally in permitting 149 brick kilns without consent and no effective action has been taken by the said authorities for closure of the brick kilns which are running without consent.

7. Our attention is drawn to Annexure-2 that most brick kilns on the date of inspection i.e. 11.11.2022 were found non-functional. The judicial cognizance can be taken of the fact that season of brick kilns had not started by 11.11.2022, therefore, non-functional of brick kilns does not mean that these brick kilns were closed.

8. Further, report also does not give any details about the siting criteria and air carrying capacity which was directed to be given in the report as per para 4 of order dated 04.11.2022.

9. The report is, therefore, incomplete in various respects as noticed above. The above approach and the manner in which joint Committee has submitted report has to be condemned. We find no hesitation in observing that Regional Officer, State PCB and District Magistrate, Haridwar who were directed to submit report being part of joint Committee have not complied with the order of Tribunal and have allowed a large number of brick kilns to operate without consent in an illegal manner which amounts to not only violation of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 but also a crime under the aforesaid Acts punishable as per said Statutes.

10. In these facts and circumstances, we find it expedient to direct District Magistrate, Haridwar and Member Secretary, State PCB to ensure that within one week from today, all brick kilns, including 149 brick kilns as per list filed as Annexure-2, who have no consent till date, are closed.

11. For past violations, State PCB shall take steps for assessment of compensation in accordance with law within further two months.

12. A further action taken report shall be filed by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF, which will also include further compliance of Tribunal's order dated 04.11.2022 with regard to siting criteria and air carrying capacity.

13. We make it clear that if any brick kiln finds that its name has wrongly been included in the list of violators though it has all relevant consent/clearance/NOC, it will have liberty to approach this Tribunal by filing application to seek modification of this order.

14. We also find from record that in large number of cases it is mentioned that various brick kilns have applied for grant of consent long back i.e. for years together but no order has been passed by the competent authority for a long time which in some cases is running in several years like 2 to 7 years. This situation is highly dis-satisfactory and we find no reason as to why an authority should sit over a matter and fail to take any action or decision for years together. The concerned Regional Officer, State PCB not only shall appear before this Court on the next date but also explain as to why no order could be passed in a reasonable period and in any case within three months from the date of receipt of application for grant of consent and why applications of consent are pending for such a long period as shown in Annexure-2 to the report.

15. List for further consideration on 29.03.2023.

16. A copy of this order be forwarded to District Magistrate, Haridwar, Member Secretary, State PCB and concerned Regional Officer, State PCB by e-mail for compliance.

17. I.A. No. 269/2022 stands disposed of in view of order passed today.

I.A. No. 284/2022

18. This is an application seeking corrections in para 7 of order dated 04.11.2022 wherein I.A. No. 783/2022 has been mentioned, though it ought to be I.A. No. 269/2022. The application is allowed. In para 7 instead of I.A. No. 783/2022, it shall be read as I.A. No. 269/2022.

I.A. No. 285/2022

19. This is an application for impleadment of 194 brick kilns operating in District Haridwar. The application is allowed.

20. Let the parties mentioned in para 4 be impleaded as Respondent No. 9 to 202. The applicant shall serve papers of this application upon the respondents and file affidavit of service within one month.

21. In addition to above, Regional Officer, State PCB, Haridwar shall inform the Respondent No. 9 to 202 of the present proceedings to enable them to contest the matter, if they so desire.