Mohinder Verma
JAMMU, Dec 27: Taking serious note of laxity on the part of District Magistrates in initiating action against the illegally operating brick kilns across the State, Division Bench of State High Court comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar has sought Action Taken Report (ATR) from them especially in the light of numerous communications of the Pollution Control Board.
In compliance to the directions of the Division Bench of the High Court dated October 11, 2017 in the Public Interest Litigation titled Nadeem Rafiq Khan Versus Union of India and Others, all the District and Divisional Officers of Jammu Division were directed by the Regional Director, Pollution Control Board Jammu to inspect each and every brick kiln falling in their respective jurisdictions and submit report under intimation to the concerned District Magistrates (DMs) for necessary action under law.
In their reports, the District and Divisional Officers pointed out that 85 brick kilns are operating in Jammu North, 43 in Jammu South, one in Samba North, 48 in Samba South, two in Reasi, 11 in Udhampur, 21 in Rajouri and 42 in Kathua district. “All these brick kilns are operating illegally in the absence of environment clearance under EIA Notification 2006”, these officers mentioned in the reports.
It was also mentioned in one report that in Kathua district four brick kilns have re-started operation without obtaining environment clearance.
Notwithstanding the fact that these officers furnished copies of their reports to the respective District Magistrates for necessary action, the Regional Director Pollution Control Board preferred to send a communication to all the concerned District Magistrates (Deputy Commissioners) so as to avoid any confusion vis-à-vis initiating action against the illegally operating brick kilns.
“The lists of brick kilns operating without meeting the requirements of law governing environmental protection especially with regard to environmental clearance under EIA Notification, 2006 and without the consent of the Board under Water (Prevention and Control of Pollution) Act and Air (Prevention and Control of Pollution) Act have already been submitted to all of you as such action may be taken in the light of the law and directions of the High Court”, reads the communication of Regional Director, Pollution Control Board, the copy of which is available with EXCELSIOR.
However, none of the District Magistrates has taken action against the illegally operating brick kilns thereby making it clear that environmental degradation is not an issue for them.
When the PIL came up for hearing before the Division Bench comprising Chief Justice Badar Durrez Ahmed and Justice Sanjeev Kumar, Additional Advocate General Rohit Kapoor apprised the court about the exercise conducted by the Pollution Control Board and submitted, “all the brick kilns have been functioning without conforming to the norms of the law”.
He further submitted that State Pollution Control Board has sent communications to all the District Magistrates but action has yet not been taken. The DB was further informed that inspection process has also been initiated in Kashmir division but the reports were awaited. “However, the brick kilns in Kashmir valley are presently closed due to off season”, he added.
Taking serious note of laxity on the part of District Magistrates, the Division Bench directed Deputy Advocate General Ehsan Mirza, who was appearing for the DMs, to file a compliance report with regard to communication of Pollution Control Board dated December 20, 2017.
In order to take holistic view of the issue, the Division Bench directed listing of all other connected matters with the PIL and listing of the same on February 28, 2018 for passing appropriate orders.
It is pertinent to mention here that the brick kilns are required to apply for environment clearance before the District Environment Impact Assessment Authority (DEIAA) headed by the respective Deputy Commissioners.
“Though some brick kiln owners have applied for environment clearance before the DEIAA in some districts yet it is not known whether the same has been granted as Pollution Control Board has not received any clearance or refusal of the same from any DEIAA so far”, sources said.
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