Allahabad High Court Issues Contempt Notice To Mathura DM For Violation Of Court's Order On Operation Of Brick Kilns

The Bench of Justice Prakash Padia has issued a notice to the District Magistrate, Chahal returnable within four weeks to show cause as to why action in contempt be not initiated against him.

Case background

On 23^rd October, Senior Advocate Anoop Trivedi made a statement at the bar that in Mathura District of Uttar Pradesh, the 2013 circular issued by the Ministry of Environment and Forests was not being complied with.

He submitted that as of date, about 205 brick kilns in District Mathura are operating without complying with a condition of the notification dated 24.6.2013, which mandates the construction of 6 feet tin sheet fencing all around the mining project.

Essentially, the applicant in the case, one Sohanveer, preferred a representation to the District Magistrate, requesting therein not to approve mining plans of the brick kilns without ensuring the fencing with 6 feet tin sheet all around the mining project.

However, it was claimed that no action whatsoever had been taken by the opposite party, i.e., the District Magistrate of Mathura district and therefore, he had moved the High Court with the instant contempt application.

Apart from this, the Counsel for the applicant also drew the attention of the Court to a notification dated 14.09.1999 as amended by notification dated 27.08.2003 issued by the Ministry of Environment and Forest as well as Rule 5 (c) of Uttar Pradesh Brick Kiln (Sitting Criteria for Establishment) Rules, 2012 which provide for mixing of 25% of fly ash while molding clay bricks.

It was contended that none of the brick kilns in district Mathura was following the aforesaid mandatory requirement despite the DM, Mathura being under an obligation to ensure strict compliance of the directions issued by this Court.

Further, he also referred to two rulings of the Allahabad High Court (both date back to 2014) to argue that the directions issued in those rulings were not being complied with.

Both the rulings essentially directed that operation of Brick Kilns must adhere to statutory guidelines and while granting consent for the operation of a brick kiln, it must be verified as to whether the project proponent has obtained the environmental impact clearance or not.

The Court had issued several directions for Pollution Control Board in both the orders and the district administration was also directed to ensure co-operation with the board.

Lastly, contending that DM, Mathura is acting in gross derogation of the directions issued by Hon'ble Supreme Court as well as this Court, it was submitted that he committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

Senior Advocate Anoop Trivedi assisted by Counsels Vibhu Rai & Abhinav Gaur appeared for the petitioner.