NGT nixes plea against illegal brick kilns in UP’s Saharanpur

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The National Green Tribunal has refused to entertain an application alleging air pollution due to the illegal operation of brick kilns in the Saharanpur district of Uttar Pradesh citing absence of particular information on such brick kilns.

The bench headed by NGT chairperson Adarsh Kumar Goel, in a recent order, said: “We find that not a single brick kiln alleged to be violating the norms has been impleaded as a party. In absence of particulars of such brick kilns, we find it difficult to entertain this application merely on general allegations.”

However, this will not debar the applicant from raising the issue before the statutory authorities or approaching this Tribunal again, with relevant particulars, it said disposing of the plea.

According to the plea, illegality pointed out is in terms of distance, siting guidelines, use of fuel, and carrying capacity to sustain the level of pollution caused having regard to the status of air quality. The applicant has relied upon an earlier NGT order dated November 26, 2021, in Jhammanlal Gautam v. UOI & Ors, a similar plea, in which the tribunal had directed the State Pollution Control Board to verify the brick kilns without environmental clearance.

CPCB may in the light of experience in recent studies, consider regulatory measures in all similar situations throughout India, it had directed.

While forming a four-member joint committee comprising various officials and District Magistrate, the NGT asked the panel to visit a site in Aligarh and study the available data of air quality and location of brick kilns and ascertain the number of kilns which can be ascertained by the carrying capacity of the area in terms of air quality.

20220126-152004

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