Patna High Court Shuts 49 Brick Kilns Over Failure To Shift To 'Cleaner Technology'
The Patna High Court on Saturday directed the government to close 49 brick kilns that failed to shift to cleaner technology and produce fly ash bricks, despite a cut-off date set by the Bihar State Pollution Control Board.The Board had issued a Notification in December 2018 by which all brick kilns were asked to switch to cleaner technology by September 2019. More than 3,000 brick kilns...
The Patna High Court on Saturday directed the government to close 49 brick kilns that failed to shift to cleaner technology and produce fly ash bricks, despite a cut-off date set by the Bihar State Pollution Control Board.
The Board had issued a Notification in December 2018 by which all brick kilns were asked to switch to cleaner technology by September 2019. More than 3,000 brick kilns have shifted to cleaner technology, the Court noted. However, as per the affidavit filed by the Board in November 2022, 49 brick kilns have still not converted into cleaner technology and have not obtained consent.
The court observed that direction for closure was issued against 102 brick kilns within the State of Bihar. 17 out of the said 102 Kilns have partially complied with the direction of the State Board and a few others (35 in number) have also obtained Consent to Operate. The direction for closure in respect of these units will resultantly be revoked. Those units (49 in number) which have neither converted nor obtained Consent to Operate will be proceeded against and complaint cases shall be filed against them.
"It is the duty of the Government as also the Court to protect and preserve the environment...Although with the cutoff date to adopt cleaner technology having been clarified by a Bench of this Court, at present, the State of Bihar should have been well on its way to a more environmentally conscious way of production of bricks...all other steps must be taken, across all branches of Government to promote and foster sustainable development, that is meeting today’s need without compromising that of tomorrow," Chief Justice Sanjay Karol and Justice Partha Sarthy said.
Thus the court issued the following directions:
- The remaining units, 49 in number, as per the latest affidavit dated 10.11.2022, must at once be closed.
- The learned District Magistrates, Vaishali and Nalanda to take immediate steps in terms of letter dated 04.11.2022 of Member Secretary, Bihar State Pollution Control Board to enforce the direction of closure notices issued for the brick kilns in their jurisdiction.
- Awareness programmes with respect to air pollution in general as also the shift to use of Fly Ash Bricks be conducted by the concerned authorities all across the State to emphasize the importance of the same.
- The authorities of the State to consider all mechanism, conventional and innovative to improve the ambient air quality within the State of Bihar.
- The State to ensure strictest possible compliance with norms in regards to environmental protection, including the curbing of pollution by all units of business, public, private etc.
- It shall open for any public spirited person to agitate the same or any subsequent cause of action in respect of brick kilns and their regulation, should the need be so felt.
Case Title: Anmol Kumar v. The State of Bihar & 6 Ors.
Citation: 2023 LiveLaw (Pat) 4