Tribunals and CommissionsDivision Bench(2024) 04 NGT CK 0040

Nirmal Kumar Tripathi vs Uttar Pradesh Pollution Control Board's Chairman & Ors

National Green Tribunal · Decided on 25 April 2024

HON’BLE JUDGES
Prakash Shrivastava, CP · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Execution Application No. 8 Of 2024 In Original Application No. 208 Of 2023 (I.A No. 185 Of 2024)

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Judgment

6 paragraphs · 343 words
1.

This Execution Application has been filed by the Applicant seeking compliance of the order dated 06.04.2023 passed in OA No. 208/2023. Before the Tribunal in the OA the applicant had raised the grievance in respect of violation of environmental norms by Jai Bajrang Brick Industry, Bajrang Brick Industry, Basdila, District Deoria, UP and M/s Saraswati Brick Field, Khoraram Bambaiya Tola, District Deoria, UP. The Tribunal had disposed of the OA by order dated 06.04.2023 expressing that the matter could be first looked into and appropriate action could be taken in accordance with law by the State PCB and District Magistrate, Deoria.

2.

The plea of the applicant is that no action against the brick kilns in question was taken in pursuance to the order of the Tribunal.

3.

An Action taken report on behalf of the Uttar Pradesh Pollution Control Board (UPPCB) has been filed on 23.04.2024. It is disclosed in that report that the closure order dated 12.06.2023 was passed as against M/s Jai Bajrang Bali Ent Udyog and M/s Saraswati Brick Field. It is further disclosed that after the closure order the inspection of the brick kilns was done on 27.06.2023 by the Joint Committee and the brick kilns were found to be closed. It is further stated that the brick kilns were again inspected by the Joint Committee on 22.04.2024 and were found to be closed.

4.

In view of the complaint of the applicant that after the closure order the brick kilns in question started operating again, we direct the Member Secretary, UPPCB to carry out the inspection of the brick kilns in question within one month and if the brick kilns are found to be operating, take appropriate action against for imposition of EC/Prosecution against the owner of the brick kiln.

5.

It  will  also  be  open  to  the  applicant  to  file  the  appropriate application before the Tribunal again, in case, if he finds any reliable material showing that inspite of the closure order the brick kilns in question are operating.

6.

E.A is accordingly disposed of.