Kallu Singh vs State of U.P

Grievance in the application is against violation of environmental norms by Baleshwar Singh in operating brick-kiln related activities adjacent to river Kalkalia at Vill. Sanjhauli, Tehsil Chunar, Mirjapur District in UP. It is submitted that due to the said illegal expansion of brick-kiln by Mr. Baleshwar, the agricultural land of the applicant is in danger of inundation due to change in flow of river Kalkalia.

Vide order dated 31.01.2022, the Tribunal sought a factual and action taken report from a joint Committee of State PCB, District Magistrate, Mirjapur, and Department of Irrigation and Flood Control, Uttar Pradesh.

In pursuance of above, report has been filed by the Committee through State PCB on 04.08.2022 to the effect that the brick Kiln in question was operating at a distance of 50 mtrs. from river Kalkalia and overburden was dumped at zero metre from the river which was detrimental to the environment. Accordingly, closure order dated 01.07.2022 has been passed by the State PCB and compensation of Rs. 11,25000 proposed. Extracts from the report are as follows:-

“The nominated committee members have conducted the field visit of the site on dated 09.05.2022 to review the ground situation in and around the Ent-Bhattha constructed by Shri Baleshwar Singh in the Name of M/s Atul Eint Udyog, at Vill.-Sanjhauli, Tehsil-Chunar, District-Mirzapur.

The factual ground situation with salient observations of the Committee are as follows:

The said Brick-kiln has been established without obtaining any NOC/CTE from UP Pollution Control Board at Village – Sanjhauli, Tehsil-Chunar, District-Mirzapur and started operation in the Ent Bhattha Season 2021-22.

As per revenue record, the Brick-Kiln has been constructed and operated at Arazi No. 23 (Area 0.4810 hectare). 25 (Area 0.202 hectare), 26 (Area 0.720 hectare), 27 (Area 0.803 hectare), 28 (Area 0.7590 hectare), 29 (Area 0.3510 hectare), 30 (Area 0.3290 hectare), 33 (Area 0.1520 hectare) and 34 (Area 0.1260 hectare).

The River Kalkalia is flowing in the north direction of the above said area of the Ent Bhattha at a distance of approx. 50 meters.

The active stream of the river from the nearest border of the Ent Bhattha is Zero meter on which Ent Bhattha and its allied works such as storage of soil, framing and drying of kachha Ent and its fuel i.e. wood and coal.

That, at the time of inspection, it was found that the over burden of the Ent Bhattha and loose soil has been dumped near the active stream of the River Kalkaliya to widen the plot area of the Ent Bhattha by filling the river basin.

That a temporary bridge has been constructed on the active stream of the river to transport the raw material as well as product of the Ent Bhattha without any permission of the concerned departments by filling of wood, soil fume pipe etc.

That a private polytechnic college has been established in the North-East direction at a distance of approx. 300 meters in the name of M/s Unitech Polytechnic and in the North direction at 500 meter BTC college in the name of Late Sita Singh Shikshan Sansthan, Kailahat, Chunar, Mirzapur and in the North West direction at approx. 300 meters Varanasi-Mirzapur National Highway which violates the guidelines of “THE UTTAR PRADESH BRICK KILNS (SITING CRITERIA FOR ESTABLISHMENT) RULES, 2012”.

That, notice has been served to the defaulter Ent Bhattha vide Ref. No. G001706/A-1134/Mzp/2022 dated 02.06.2022 (annexed as Annexure No. 01) but in the due time, response has not been received in this office.

That, in consequence of notice issued to Ent Bhattha in reference of non-compliance of the conditions imposed, Consent to Operate granted by the Board was revoked vide Ref. no. G001778/A-1134/Mzp/2022 DATED 16.06.2022 (annexed as Annexure No. 02).

That, accordingly legal action u/s 31A of the Air (Prevention and Control of Pollution) Act, 1981 (as amended) against the defaulter Ent Bhattha was recommended to the competent authority of the State Board vide Ref. No. G00183/A-1134/Mzp/2022 dated 29.06.2022 (annexed as Annexure No. 03).

That,  closure  order  has  been  issued  vide  Ref.  No. H77966/C-2/Ent Bhattha-154/22 dated 01.07.2022 by the State Board u/s 31A of the Air (Prevention and Control of Pollution) Act, 1981 (as amended) (annexed as Annexure No. 04)

Recommendation of the Committee:-

Environmental Compensation against the erring should be imposed of the operational period (taking 180 days/Season) which is mentioned below:

EC = PI x N x R x S x LF

Where, PI = Pollution Index

N = No. of days from which the non-compliance has been observed

R = 250 (In Rs.)

S = Factor for scale of operation

LF = Location Factor

In the present case,

PI = 50 (Since Ent Bhatta has been categorized in Orange Category)

N = 180 days

S = 0.5 (Since Ent Bhatta has been categories in small scale

LF = 1 (Since it is situated in rural area)

Therefore,

EC = 50x180x250x0.5x1

= Rs. 1125000.00

(Rupees Eleven Lakhs Twenty Five Thousand Only)

The calculated amount Rs. 11,25000.00 should be spent for restoration of the stretch of the Kalkaliya River which has been disturbed by the concerned project proponent.”

The PP has filed M.A. No. 66 of 2022 to contest the report mainly on the ground that applicant Kallu Singh is not interested in pursuing the matter and the report is misleading and vague.

We have heard learned Counsel for the PP and the State PCB and considered the matter. Documents filed show that consent to operate granted to the unit on 06.08.2021 was cancelled on 16.06.2022 on account of violation of norms. Translated copy of order dated 16.6.2022 filed by the PP is as follows:-

“Please refer to the above subject. In the above context, please be aware that compliance with the order passed by the Hon’ble National Green Tribunal, New Delhi on 31.01.2022 in O.A. No. 27/2022 “Kallu Singh vs. State of UP and ors.”, an on-site inspection was done by the appointed officers along with the undersigned. During the inspection, it was found that porthole, platforms and ladders have not been installed for monitoring the stack emissions and due to the non-installation of the same, the inspection of the stake emission could not be done. Your Brick- Kiln is being operated under violation of condition no. 3, 13, 15, 16, and 19 of Air Consent Order issued by the State Board. In addition to the above, the forms demanded by the condition 9, 29, 30 have not been provided and the industry is also being operated while violating condition no 39, which demands the bank guarantee slip of 1 lakh within 15 days from the date of issuance. In this way the conditions imposed by the State Board in the Air Consent order have been deliberately violated by you. A notice was sent to the abovementioned industry for compliance with the mandatory provision of the Pollution Control Act vide Letter No. G001706/A-134/MZP/2022 dt.2/06/2022, but as per the official records, the response/ clarification of the industry in respect to the said notice is still not received even after the passing of the stipulated time. The work being done by you is in disregard to the instruction and openly violates the environmental acts.

Therefore, in view of the above, Air consent order passed by the state board, reference No. 132193/UP Pollution Control Board/ Sonebhadra/ CTO/Air/Mirzapur/2021 dated 6/08/2021 and water consent order reference No-132197/UPPCB/

Sonbhadra (UPPCBRO)/CTO/Water/Mirzapur/2021 dated 6/08/2021 are hereby revoked with a view to obtain the consent of the state board and to insure proper Air Pollution Control in the industry. Operate the industry only after the proper systems are established.”

The PP has not challenged the order dated 16.06.2022. The English translation of closure order dated 01.07.2022 filed by the PP is as follows:-

“M/s Atul Brick Industries (Unit-2). Araji No. 23, 25, 26, 27, 28, 29, 30, 33 and 34 Village Sajhauli, Post-Bharehta, Tehsil-Chunar, District- Mirzapur.

That M/s Atul Brick Industries (Unit-2), Araji No. 23, 25, 26, 27, 28, 29, 30, 33 and 34, Village Sajhauli, Post Bharehatha, Pargana-Haveli, Tehsil-Chunar, District- Mirzapur which shall be called an industry hereinafter, is established / operated at the above mentioned site for the production of bricks and is a company under section 40 of the Air (Prevention and Control of Pollution) Act, 1981.

That the site inspection of M/s Atul Brick Industries (Unit-2), Araji No. 23, 25, 26, 27, 28, 29, 30, 33 and 34, Village- Sajhauli, Post-Bhertha, Pargana-Haveli, Tehsil-Chunar, District- Mirzapur was done on 09.05.2022. According to the inspection report, the brick industry has been established without obtaining the no-objection certificate from the state board before its establishment. The consent conditions contained in the consent order issued by the board's letter dated 06.08.2021 are not being followed by the brick industry, due to which proper arrangements for monitoring such as portholes and ladders etc. have not been established, due to which the inspection of stack emissions generated by brick kiln was not possible. Due to non-compliance of the conditions contained in the consent order issued to the brick industry, notice was sent vide letter dated 02.06.2022 of the regional office, the reply of which has not been received. The consent order issued to the brick industry on 08.08.2021 has been revoked by the letter dated 16.06.2022 by the Regional Officer. In this way, the mandatory provisions of the Air (Prevention and Control of Pollution) Act, 1981 are being violated by the brick industry. Through the letter dated 29.062022 and 22.06 2022 of the Regional Officer, action has been recommended against the industry under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 (as amended).

Therefore, for the purpose of providing a healthy environment to the general public in the public interest, under the powers conferred under Section 31A of the Air Act 1981 as amended, it is necessary that your industrial plant should be prevented from operating keeping in mind the prevention of air pollution. Therefore, under section 31-A of the Air (Prevention and Control of Pollution) Act, 1981, as amended, after the approval of the competent authority, the closure orders are issued as follows:

That M/s Atul Brick Industries (Unit-2). Stop the operation / production process in Araji No. 23, 25, 26, 27, 28, 29, 30, 33 and 34 Village- Rajhili, Post Bharehatha, Pargana-Haveli, Tehsil-Chunar, District- Mirzapur with immediate effect.

That the competent authorities are directed to disconnect the power supply and water supply to your industrial unit as well as shut down other facilities with immediate effect.

Copy sent to the following for information and necessary action. 1. Sent to the District Magistrate, Mirzapur with the request that the concerned officers for immediate closure of the industry.

Sent to the Superintendent of Police, Mirzapur with the intention that to ensure the closure of operation / production work in the industry, please kindly direct the concerned subordinate.

Executive Engineer, Uttar Pradesh Power Corporation Ltd. For electrical disconnection of the industry referred to Mirzapur.

To the Executive Officer, UP Jal Nigam, Mirzapur tostop the water supply to.

Sent to the Regional Officer, UP Pollution Control Board, Sonbhadra with the instruction that while obtaining the copy of the closure order issued to the industry and ensuring compliance of the closure order issued to the industry by coordinating with the district administration, compliance report is one. Be sure to dispatch the same within a week.

Chief Environmental Agent (Nritta-2)”

The above order has also not been challenged by the PP even though statutory appeal is available. No material to rebut the violations found by the State PCB has been produced by the PP.

In view of above, we accept the report and dispose of the application in terms thereof. The State PCB may take further action accordingly for realization of compensation and ensuring that the brick kiln does not operate in violation of law.

A  copy  of  this  order  be  forwarded  to  State  PCB  by  e-mail  for compliance.