Vijay Singh Versus State of Rajasthan & Ors.

Coram: Hon’ble Mr. Justice Sheo Kumar Singh, Judicial Member Hon’ble Dr. Arun Kumar Verma, Expert Member
Keywords: Brick Kilns, construction, pollution
Decision: Disposed
Date: 24.12.2021
In June 2021, an application was filed with the National Green Tribunal (NGT) seeking the cancellation of the permission and No Objection Certificate (NOC) granted to respondent no. 6 and other industries of brick kilns in the village of Nadaura, Gram Panchayat Silawat, District Dholpur, Rajasthan. The application sought to restore the environment of the area by directing respondent no. 6 to remove the entire structure of the brick kiln situated at Khasra nos. as shown in the application.
The NGT took up the matter on June 3, 2021, and constituted a joint committee to submit a report on the matter. The joint committee subsequently submitted its report in compliance with the NGT's order.
After considering all the relevant factors submitted by the joint committee, the NGT opined that short-term and long-term measures to address the issue of pollution caused by brick kilns are policy matters that must be decided and implemented by the state authorities. The NGT stressed the importance of maintaining a balance between the supply and demand of materials used in construction activities and ensuring that pollution levels remain within permissible carrying capacity.
In light of the joint committee's recommendations, the NGT directed the state pollution control board to implement point no. 5.2 of the joint committee's report, taking into account all relevant factors, including negative supportive capacity. The NGT also referred the report to the Secretary (Environment) of the State of Rajasthan for taking appropriate action in consultation with the Central Pollution Control Board regarding short-term and long-term measures.
In conclusion, the NGT disposed of the case, O.A. No. 31/2021 (CZ), along with I.A. No. 14/2021, in accordance with its directions.