DB directives in illegal brick-kiln case

21/09/2018

JAMMU, Sept 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 Justice Alok Aradhe and Justice Sanjay Kumar Gupta, directed Secretary Ministry of Environment and Forests and Commissioner Secretary Environment and Forests J&K shall take requisite action, as required in the Notification No. 190(E) dated 20.01.16 and OM dated 15.03.16 read with notification No. SO 141(E) dated 15.01.16 issued by Ministry of Environment and Forest, Government of India.
DB also directed Divisional Commiss ioners Jammu as well as Kashmir to monitor the progress made after issuance of notices to brick kilns for getting the environment clearance under the notifications of Government of India and as per the guidelines issued by National Green Tribunal.
DB also directed Deputy Commissi oners of Samba and Kathua to complete the process of issuance of environment clearance and in case the owners of brick kilns do not respond, their licences to operate the brick kilns shall be cancelled.
DB also directed respondents to file compliance report with regard to the direction issued by this Court once in three months before the Registry of this Court.
When the PIL came-up for hearing, DB Observed that In this petition, which has been tiled as pro bono publico, the petitioner inter alia, seeks a direction to the respondents No.l & 2 to get the requisite action taken as defined in notification No. 190(E) dated 20.01.16 and OM dated 15.03.16 read with notification No. SO 141(E) dated 15.01.16 issued by Ministry of Environment and Forest. Government of India in respect of brick kilns operating in the State of Jammu and Kashmir and as well as a direction to the respondents Nos. 3 & 4 to monitor the progress made after the issuance of notices to brick kilns for getting the environment clearance under the notifications of Government of India and as per the guidelines issued by National Green Tribunal. Mr. R.S Jamwal, senior Panel Counsel appearing for respondent No.l submitted that the direction sought in this petition has to be complied with by respondents No. 2 to 7. Mr. S.S Nanda, Sr. AAG, submitted that the direction contained in the notification issued by the Central Government as well as National Green Tribunal shall be complied with by respondents No. 2 to 7. He has invited attention of the Court to status report filed on behalf of Deputy Commissioner. Samba and submitted that notices were issued to all brick kiln owners of district Samba operating in district Samba through Tehsildar giving them three days' time to produce 'No Objection Certificates' from Pollution Control Board and as such all such units, who failed to produce the 'No Objection Certificates' stand closed. JNF

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