NGT Directs State PCB To File Action Taken Report On Alleged Violation Of Environmental Norms By Over 300 Brick Kilns In UP’s Deoria

The National Green Tribunal (NGT) has directed the UP Pollution Control Board and the District Magistrate to file an action taken report on the alleged violation of environmental norms by 375 brick kilns operating close to sensitive establishments in Deoria District of Uttar Pradesh.

“…In the interest of justice, we consider in appropriate to direct the State PCB and District Magistrate, Deoria to look into the matter and take such remedial action as may be found necessary in accordance with law and file an action taken report with the Registrar General of this Tribunal within one month…,” said the bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal and Dr.A. Senthil Vel.

It was alleged that the brick kilns are emitting black smoke and are located close to sensitive establishments.

“No action is taken against pollution caused by the said brick kilns due to influence of higher level officers,” the applicant submitted.

The applicant had filed a list of all the brick kilns in question and stated that “in many cases there are no consents from the State PCB.”

The Tribunal opined that, “As per Rule 14 of the National Green Tribunal (Practices and Procedures) Rules, 2011, the application has to be based on a single cause of action and an omnibus application against large number of entities cannot be entertained, without impleading the said affected entities as parties.”

However, the bench issued directions to the State PCB and District Magistrate, Deoria in the “interest of justice”.

The NGT was hearing a batch of six applications filed on alleged environmental degradation in Deoria District, four of them were filed by the same applicant, Nirmal Tripathi and two by his minor daughter.

Another application was filed alleging failure to scientifically manage the solid waste in the area.

It was stated that there is water pollution and encroachment in the area under Deoria Nagar Palika Parishad.

The NGT directed the issue can be first looked into by Nagar Palika Parishad, Deoria and action be taken in accordance with law.

It further directed the Nagar Palika Parishad to file the action taken report on the matter.

Case Title: Nirmal Kumar Tripathi v. Uttar Pradesh Pollution Control Board & Ors.

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