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Judgment
The Tripura Brick Manufacturers Association has filed the instant application seeking impleadment as a party in the instant petition.
It is seen that the scope of the petition pertaining to the illicit felling; destruction of forest wealth; soil erosion; protection and preservation of bio-diversity within the State of Tripura was expanded and pursuant to orders dated 28.05.2019 and 29.05.2019, the brick kiln units established within the State of Tripura were inspected by the stakeholders, including the State Pollution Control Board and pursuant to the reports/affidavits submitted by them, this Court vide detailed order dated 03.07.2019 prohibited 350 such brick kiln units, to carry out any activity, save and except in accordance with law.
We are of the considered view that now this issue needs to be separately dealt with. As such, we direct a separate petition to be registered titled as "Court on its own motion (Brick Kiln)".
Registrar (Judicial) shall have the needful done during the course of hearing.
The orders passed in the present petition, as also affidavits filed pursuant to orders dated 28.05.2019, 29.05.2019 and 03.07.2019 shall form part of the said petition. The instant application, i.e. I.A. No.01 of 2019 shall also be treated to be an application filed in the said petition.
Mr. Arijit Bhowmik, learned counsel, states that he is representing only the association and not the individual parties, i.e. the owners of brick kilns and he has no instructions to appear on behalf of them.
We are of the considered view that each one of the parties who are found to have been operating without compliance of the statutory provisions must be impleaded as party-respondents in the newly instituted petition. Ordered accordingly.
List of such parties is already on record at page 345 onwards (Annexure-I & II). They may be added as party-respondents.
Each one of the said party-respondents shall be served through the Association.
List the newly instituted petition on 13.08.2019.