Sunil Kumar vs State of Haryana & Ors

Application is registered based on a letter petition received by Email.

Mr. Sunil Kumar resident of village Barona, Tehsil Kharkhoda District Sonipat has sent the present letter petition, which is treated and registered as original application, complaining that two brick kilns are being illegally run in village Barona, Tehsil Kharkhoda District Sonipat in violation of environmental norms. Both the brick kilns are using powder carbon which is causing air pollution and posing serious health risk to residents of the locality and adversely impacting trees, agricultural crops and livestock. The laborers engaged by brick kiln owners are defecating in the open which is also causing problem of the sanitation and hygienic. Both the brick kilns are situated within one kilo meter from the residential area and are mining soil to the depth of five feet instead of permissible depth of three feet.

Vide order dated 23.08.2022, this Tribunal constituted a joint Committee comprising representative of CPCB, State PCB and Deputy Commissioner, Sonipat and directed the same to submit Factual and Action Taken Report within two months.

In  compliance  thereof,  the  joint  committee  visited  the  site  on 1. 11.2022 and submitted its report vide email dated 15.11.2022. The relevant part of the report reads as under:-

“Action taken report in compliance of Hon'ble NGT (PB) order dated 23.08.2022 in the matter of O.A. No. 482/2022 titled as Sunil Kumar Vs. State of Haryana.

X X X X X X

In compliance to the aforesaid order of Hon'ble NGT, a joint committee comprising of following members visited both Brick Kilns on 01.11.2022:

Ms. Jyoti, SDM, Khorkhoda.

Sh. G. Rambabu, Scientist-D, CPCB, Delhi.

Sh. Praveen  Kumar,  AEE, Haryana SPCB, Regional  Office,Sonipat.

During the inspection, officials from Mines & Geology Department and Food & Supply, Govt. of Haryana also associated the joint committee. Moreover, subjected mentioned site was also inspected independently by labour department and industrial health & safety department, Govt. of Haryana.

Findings /Observations of the Joint Committee:

a) During the inspection, both the brick kilns were found non-operational and having valid CTO up to 31/03/2024 with daily production capacity of 14,000 bricks per day. However, as per the Hon'ble Apex court order dated 13/05/2022 brick kilns in NCR region are permitted to operate till 30 June 2022 only therefore above said brick kilns are non-operational at the time of inspection and it is not able to ascertain the production capacity of the brick kilns by the joint committee.

b) Both brick kilns were found with zig-zag setting.

c) Inadequate monitoring facilities such as platform and ladder size were found to monitor the source emissions in both the brick kilns. However, adequate porthole size was provided.

d) As the brick kiln was not operational at the time of inspection, it was not confirmed whether carbon black was used as fuel in recent times. Mustard husk stock has been found at both the brick kilns. However, no carbon black was found at both the sites.

e) The distance between the two brick kilns has been found to be less than one kilometer.

f) Both the brick kilns are located one km away from the residential area.

It is submitted that during the inspection, it was observed by labour department and industrial health & safety department that proper and adequate arrangement of toilets/bathrooms was not made in both the brick kilns and open defecation by the labourers engaged in it leads to septic condition. A copy of the report is annexed as Annexure II.

Further, as per the report submitted by the Mining Officer of the Mines and Geology Department, Sonipat, the excavation sites allotted for both the brick kilns were verified and it was found that the soil was excavated within the permissible limits by both the brick kilns. Photographs are also attached with the report. A copy of the report is annexed as Annexure III.

Recommendations of the Joint Committee

a) Adequate monitoring facilities such as platform and ladder size should be provided to monitor the source emissions in both the brick kilns within 2 weeks.

b) Source emission monitoring should be carried out on the operation of the kilns to ascertain the actual pollution from both the brick kilns along with the fuel usage.

c) Proper and adequate arrangement of toilets/bathrooms should be made in both the brick kilns within a month so that the septic condition can be kept safe for the laborers engaged in them.”

We have gone through the report of the Joint Committee and we find that the Joint Committee has not looked into and reported about compliance with consent conditions by the brick kilns. On due verification of the excavation sites, the Joint Committee found that the soil was excavated within the permissible limits by both the brick kilns. However, the Joint Committee found that proper and adequate arrangement of toilets/bathrooms and monitoring facilities such as platform and ladder size have not been made in both the brick kilns and the Joint Committee has made recommendations for remedial action in this regard. The recommendations are accepted and the HSPCB is directed to take an appropriate remedial action on the basis of recommendations by following due course of law.

In view of the fact that at present both the brick kilns are non-operational and the Hon’ble Supreme Court is already seized of the matter of compliance with environmental norms by the brick kilns in NCR in Civil Appeal Diary No. 18213/2021 titled as NCR Brick Kiln Association Vs. Central Pollution Control Board & Ors. filed against order dated 17.02.2021 passed by this Tribunal in O.A No. 1016/2019 titled as Utkarsh Panwar Vs. CPCB and others., we are of the considered view that no action is required to be taken by this Tribunal on the present application which is disposed of accordingly.

However, the Deputy Commissioner, Sonipat and Regional Officer, HSPCB are directed to ensure that only the brick kilns permitted under order of the Hon’ble Supreme Court operate in District Sonipat in accordance with the same and that no brick kiln operates illegally in District Sonipat.