SUMIT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petition, which has been filed in the public interest, makes a grievance in regard to the establishment and operation of brick kilns in violation of the provisions of the Uttar Pradesh Brick Kilns (Site Criteria for Establishment) Rules, 2012 in the districts of Baghpat and Meerut.

(2.) These rules have been framed under sections 54(2)(z) and 21(2) of the Air (Prevention and Control of Pollution) Act, 1981 to regulate the criteria for the establishment of brick kilns in the State. Rule 2 defines, inter alia, the prohibited distance within which a brick kiln cannot be established from a residential area or, as the case may be, hospitals, schools, public buildings and religious places. Rule 3 provides that no licence in respect of the firing of a brick kiln or for mining lease shall be granted by the Zila Panchayat/District Administration concerned until and unless a valid previous consent has been obtained by the owner of the brick kiln from the State Pollution Control Board. Rule 7 provides for the manner in which the application has to be submitted to the State Pollution Control Board for granting permission for operation of the brick kiln.

(3.) According to the petitioner, a report was submitted on 31 October 2013 by a committee of the State Pollution Control Board that several brick kilns were continuing with the work of construction though the proposals for grant of No Objection Certificates had been rejected by the Board. The report also mentions that in many cases, brick kilns had even commenced operation though their proposals for grant of No Objection Certificates had been rejected by the Board. Since no action was being taken by the authorities including the District Administration, the present writ petition has been filed in the public interest.