KRISHNA KUMAR SHARMAS Vs. STATE OF U P

JUDGEMENT

(1.) The order dated 25.5.1998 passed by the District Magistrate and the appellate order dated 28.9.98 passed by the Commissioner. Meerut Division, Meerut, are the subject-matter of impugnment here in the Instant petition under Article 226 of the Constitution of India.

(2.) By his order dated 25.5.98 passed In exercise of powers under Section 8 of the Uttar Pradesh Promotion and Protection of Fruit Trees (Regulation of Harmful Establishments and Housing Schemes) Act, 1985 (In short the 'Act') the Collector/District Magistrate, Meerut has adjured that the brick-kiln referred to in the order, the shut down with immediate effect and removed/shifted elsewhere within 15 days. The petitioners, who are the owners of the brick-kilns preferred six separate appeals, which ended up in dismissal by a common order passed by the Commissioner, Meerut Division. Meerut dated 28.9.98.

(3.) Identically phrased show cause notices dated 24.5.1997 were issued to the petitioners which spelt out that the petitioners' brick-kilns being located within the trapezium of fruit belts/buffer zone thereof, were liable to be removed under Section 8 of the Act by reason of their being 'harmful Establishments'. The petitioners were accordingly called upon to show cause why an order be not passed for closure/removal of the brick-kilns. The petitioners entered their replies to the show cause notices unfolding therein that the height of the chimney of their respective brick-kilns had since been hiked between 100-115 ft. and that the chimney through the chamber is connected to a large number of channels again conjoined with different parts of the kiln and by controlling the opening of the channels the bricks in different parts of the kiln are baked. It was also unfolded in the reply that the coal consumption in these kilns is about 14 tonne of coal for every one lakh bricks and as a result of scientific designing in the construction of the chimney, the fuel burning has improved thereby limiting the emissions so that there is negligible amount of semi-burnt and un-burnt coal : that the brickkilns hardly emits any pollutants and they do not in anyway affect the fruit trees or groves in the surrounding areas ; that the brick-kilns cannot only function on coal but can also be run on bagasse, straw waste of the sugar mills, wooden dust, burnt oil and oil waste etc. ; that the brick-kilns in question are not 'harmful Establishments' within the meaning of the Act : and in any case, the petitioners at best can be asked not to use coal or coke and the categories of fuel the use of which may bring their brick-kilns within the gamut of 'harmful Establishment' as defined in Section 2 (e) of the Act. The District Magistrate by his order dated 25.5.1998 deduced that the petitioners' brick-kilns were 'harmful Establishments' located within the fruit belts/buffer zone thereof and accordingly directed their closure with immediate effect and removal within 15 days.