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Judgment
In this Original Application, the applicant had raised grievance against operation of 138 brick kilns (respondent no. 5 to 142) operating in violation of environmental laws in Hisar District of Haryana. On the direction of the Tribunal, joint Committee has submitted the report dated 01.04.2024 disclosing the compliance status by the brick kilns as under:-
“2. In compliance with the earlier Order dated 03.02.2023 of the Hon’ble NGT, all the brick kilns have been inspected by the teams of CPCB & HSPCB, Hisar officers from March 2023 to February 2024, for compliance verification with regard to siting criteria, Zig-Zag technology, monitoring provisions, and type of fuel etc. The Status is as follows:-
A.
Units found complying as per provision, terms & condition of CTO
190
B.
Units found non-complying as per provision, terms & condition of CTO
6
C.
Unit found closed (on its own)
8
D.
Unit found dismantled
3
In compliance with the latest order, dated 11.01.2024 of the Hon’ble NGT, the status of 207 units is tabulated as Table No. 01, describing details about initial consent to operate, latest consent to operate, siting criteria, compliance of Zig-Zag technology, compliance with the standards including provisions for monitoring i.e. permanent facility (port hole and platform), utilization of ash generated, and type of fuel used.
Further, source emission monitoring of 51 units were conducted in the month of May 2023 & 49 units were conducted in the month of February 2024. The analytical results of Particulate Matters in stack emission are placed at Table No.2. The units were found to have complied the notified standard of 250 mg/Nm3.”
As per the above disclosure, there are six units which are found to be non-compliant of the provisions, terms and conditions of the CTO. Learned Counsel for the HSPCB has informed that these units are at serial no. 27, 38, 112, 158, 161 and 192 in chart in Table 1 to the report. Hence, the action is required to be taken against the non-compliant unit after duly following the principles of ‘Natural Justice’.
Thus, the O.A. is disposed of directing HSPCB to give opportunity of hearing to the above six non-compliant units, ascertain the nature and extent of non-compliance by them and take appropriate action for imposition and recovery of EC. This process will be completed within three months and action taken report will be submitted by the Member Secretary, HPPCB before the Registrar General of the Tribunal within four 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 and if found necessary, the matter may be listed for consideration before the Bench.