GHANSHYAM Vs. STATE OF U.P.

JUDGEMENT

(1.) A petition (Public Interest Litigation (PIL) No. 69440 of 2013, Ghanshyam v. State of U.P. & 5 others.) was filed in the public interest by the petitioner complaining of the setting up of a brick kiln without the consent of the Uttar Pradesh Pollution Control Board (Board), by the private respondents. The petition was disposed of by a Division Bench of this Court on 18 December 2013 in terms of the following order:

(2.) A contempt application (Contempt Application (Civil) No. 2112 of 2014, Ghanshyam v. Chandra Kant Pandey, D.M. And 4 ors.) was taken out with the grievance that despite the order of the Division Bench, the authorities had failed to ensure compliance. On 28 March 2014 the contempt application was disposed of with a direction that if the competent authority did not comply with the order within eight weeks without any reasonable cause, the Court would have no option except to punish him under Section 12 of the Contempt of Courts Act and other allied powers, and if an order was passed, a copy thereof would be furnished to the petitioner.

(3.) Now, the grievance is that thereafter a three-Member Committee was constituted which found that the brick kiln was operated illegally. Ultimately, on 26 May 2014 the brick kiln was closed by the authorities. The petitioner sought information under the Right to Information Act, 2005 and a reply was furnished by the fourth respondent that the brick kiln had been closed and an affidavit was filed by the offending owner that no operation would be carried out at the site in question. The petitioner was informed by the Regional Officer on 27 May 2014 that the brick kiln had been closed. In his representation which has been submitted by the petitioner to the Chief Environmental Officer (annexure-7 to the writ petition) on 22 October 2014, it has been alleged that the brick kiln has been restarted.