Brick kiln owner shall develop green belt consisting of three rows of evergreen broadleaved trees around the periphery of the Brick Kiln in staged manner: DB

21/04/2018

Jammu, Apr 20: In a Public Interest Litigation (PIL) highlighting degradation of environment due to the activities of brick kilns, Division Bench of State High Court comprising Acting Chief Justice Ramalingam Sudhakar and Justice Sanjeev Kumar directed that grant of fresh license or renewal of license already granted to brick kiln owner, shall also comply with the requirement of planting trees (Brick kiln owner shall develop green belt consisting of three rows of evergreen broadleaved trees around the periphery of the Brick Kiln in staged manner. Minimum spacing between plants in a row shall be three meters and between the rows it shall be at least two meters.
When the matter was taken-up, Division Bench observed that this Court asked District Magistrate/ District Collector, Jammu and the State Pollution Control Board authorities to be present in Court. Accordingly, the Deputy Commissioner Jammu and the Legal Advisor of the State Pollution Control Board are present. In addition to that, on the earlier occasion, two officers, namely, Shri Mohd Ayub Khan, Divisional Forest Officer, State Forest Research Institute and Ms. Neha Mehta, Divisional Forest officer, Social Forestry Division, Jammu were also present. The DFO, Social Forestry Division Jammu offered to plant trees around the brick kilns, if law required planting of such trees and if directions were issued by this Court. The other Officer Mr. Ayub Khan stated that sufficient number of plants will be provided by him, if specified, for the above said planting.
DB further observed that the primary issue that arises for consideration is with regard to brick kilns running without proper licenses and without the consent of the State Pollution Control Board. There is another aspect of the matter that almost all the brick kilns have not complied with the specific and general conditions imposed at the time of grant of licenses by the competent authority and the grant of consent by the Pollution Board. To address this issue, this Court asked the District Magistrate/ District Collector, Jammu, to submit the details of the actions taken against running brick kilns who have failed to satisfy the requirements of law.
DB further observed that District Magistrate/ District Collector, Jammu informed this Court today that in Jammu District notices to 122 brick kilns have been issued to produce the consent from the State Pollution Control Board and failure to do so will result in closure of the Unit(s). Upon this DB take on record the statement made by the District Magistrate/ District Collector, Jammu with further direction to the authority to pursue this matter with all earnest that is required.
DB also directed all the District Magistrates/ District Collectors are directed to follow this pattern adopted by the District Magistrate/ District Collector, Jammu, and issue notices wherever the brick kilns are being run without the consent from the State Pollution Control Board. The District Magistrates/ deputy Commissioners of all the Districts shall file their compliance reports before the next date of hearing.
DB further observed that insofar as the establishment of the brick kilns is concerned, it appears there are several stages. If the land is other than the land specified for mining purposes and if the land is sought to be converted, there is a procedure to be followed. However, before proceeding to consider the license for mining of the brick earth in terms of the Central Government Notification 141 (E) dated 15.1.2016 and 190(E) dated 20.1.2016, the District Environment Impact Assessment Authority of the District, has to accord consideration for clearance and subject to such clearance by the DEIAA, the matter goes to the State Pollution Control Board for its consent. The Pollution Board has also provided certain guidelines for grant of consent which have been uploaded on the website. Amongst the various guidelines, clause IV of the guidelines reads as 'the Brick kiln owner shall develop green belt consisting of three rows of evergreen broadleaved trees around the periphery of the Brick Kiln in staged manner. Minimum spacing between plants in a row shall be three meters and between the rows it shall be at least two meters.'
DB further observed that in this regard the Pollution Control Board shall insist that before consent is granted, planting of trees, as specified above, shall be made as a condition precedent by all the brick kiln manufacturers who propose to establish their units and seek consent in this behalf. In this behalf the Social Forestry Department has given the list of the trees which could be planted.
DB further observed that the above stated trees should be planted, based on the availability of species. The supply of plants will be made by the Divisional Forest Officer, State Forest Research Institute and the Divisional Forest officer, Social Forestry Division, Jammu. The District Magistrate/ District Collector and the State Pollution Control Board shall also ensure that the trees are planted as a condition precedent for grant of clearance /consent and the license, DB added.
The applicants, whose applications are pending clearance for consent, for grant of fresh license or renewal of license already granted, shall also comply with the requirement of planting trees, as mentioned above, as a condition precedent for taking up their applications for grant of fresh consent or renewal, as the case may be, DB observed.
Division Bench made it clear that the existing license holders and the applicants who are seeking fresh licenses or renewal of licenses, are bound to comply with all other requirements as specified by law before grant of such clearance/ consent, as the case may be. JNF

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