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Judgment
In this Original Application, the Applicant has raised the grievance as against operation of the brick Kiln by Respondent No.4-M/s. Shriji Ent Udyog, Village Mathurapur Hasyan Sikandrarao, District Hathras, U.P. The allegation is that the Respondent No.4 is operating brick kiln and is causing air pollution adversely affecting the fertility of the air and development of mango trees.
The Tribunal by the previous order dated 29.05.2023 had formed a Joint Inspection Committee to examine if the Respondent No.4 is operating the brick Kiln in accordance with the terms and conditions of the consent order and other environmental norms and laws.
While passing the order, Tribunal had found that the validity of the consent granted to the Respondent No.4 almost one and a half year back, could not be examined in the Original Application.
The direction of the Tribunal in respect of constitution of the Joint Inspection Committee by the order dated 29.05.2023 was as under:-
“ 4 The only thing which is to be seen, whether the brick kiln is operating in accordance with the terms and conditions of the consent order and other environmental norms and laws. Therefore, we find it appropriate to obtain a factual report on this aspect for which we constitute a joint Committee comprising State PCB and District Magistrate, Hathras who shall visit the site, collect relevant information and submit a factual report within two months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.”
On the above direction of the Tribunal, the Joint Inspection Committee had carried out the spot inspection on 31.07.2023. A detail report dated 07.08.2023 has been filed before the Tribunal, each of the condition of the consent order granted under Water (Prevent and Control of Pollution) Act, 1974 and Air (Prevent and Control of Pollution) Act, 1981 has been examined by the Joint Inspection Committee and the Joint Inspection Committee has not found violation of any of the material condition.
Hence, we find that the allegations made by the Applicant in the Original Application are unfounded and baseless and no case is made out to grant the prayer made in the Original Application.
The Original Application is accordingly rejected.