NGT slams Rajasthan pollution authorities over illegal brick kilns

PTI, Nov 11, 2021, 4:31 PM IST

The National Green Tribunal (NGT)has slammed the Rajasthan State Pollution Control Board over illegal operation of brick kilns in Sri Ganganagar district saying it cannot plead its own failure as a justification for the continuing air pollution. A bench headed by NGT Chairperson Justice A K Goel in a hearing on Wednesday said it is the statutory obligation of the State PCB to lay down norms for control of air pollution to prevent damage to public health. The tribunal was hearing a plea filed by Hakam Singh and others seeking compliance of environmental norms by the brick kilns in Sri Ganganagar district in Rajasthan.

The tribunal said in spite of its clear direction, illegally operating brick kilns have not been closed nor made accountable for past violations. It said the failure of the authorities to take action against the illegal kiln operators “gives rise to inference of collusion” between them. ”There is failure of public trust doctrine. The District administration has also failed in the matter of protecting public health by its inaction against polluting brick kilns,” the bench said. It said operation of brick kilns without safeguards amounts to “public nuisance” that often results in grievous occupational disorders known to affect the kiln workers. The green panel directed the Rajasthan chief secretary and state pollution control board to look into the conduct of the concerned officers and submit an action taken report. ”We find the State PCB to be utter failure in enforcing their statutory obligation under the Air Act, 1981, showing their collusion with the illegally operating brick kilns,” said the bench.

It granted the state authorities time till next hearing to take remedial action, indicating that failure to do so may result in “adverse action” against them by the court. The tribunal also formed an eight-member committee to be headed by a nominee of Chairman, Central Pollution Control Board to visit the site and interact with people involved. The Committee is authorised to conduct an air quality check in the area to gauge the magnitude of the pollution being spread by the kilns. The committee has been asked to submit its report within three months. The NGT in February had directed the authorities to take action against the illegal operation of brick kilns in Sri Ganganagar district of Rajasthan and shut down the units that are running without permission.