Supreme Court Directs Central, State Pollution Control Boards to Conduct Surprise Inspections of Brick Kiln Industries in NCR

New Delhi, April 15: The Supreme Court of India has issued directions for the operation of the brick kiln industries in the National Capital Region. The Supreme Court has directed the officers of both the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCB) to conduct surprise inspections without any notice and warning to the persons running the units from time to time to ensure that the production is being carried out in terms of the notification relating to the running of brick kiln industries in the National Capital Region (NCR).

"The Officers of both Central Pollution Control Board and the State Pollution Control Boards shall conduct surprise inspections without any notice and warning to the persons running the units from time to time to ensure that the production is being carried out in terms of the aforesaid notification," the top court said. NGT Directs State Pollution Bodies To File Reports on E-Waste Recycling Industries Causing Environmental Degradation and Health Hazards.

A bench of Justices KM Joseph and Hrishikesh Roy issued various directions on the operation of brick kiln industries in the national capital region. The Court imposed various conditions in running the brick kiln industry saying that those units which have the consent to operate and have also declared the production capacity out of the total 2,164 units, are permitted to operate subject to the conditions. It also clarified that those units, which have not obtained consent to operate and those units which have not declared their production capacity, shall not be permitted to operate.

"The production will be permitted only subject to the units complying with notification dated 22.02.2022," the Court said. Ministry of Environment, Forest and Climate Change issued the notification on February 22 relating to running brick kilns industries.

The Court's direction came keeping in view, undoubtedly, the interest of the environment,and factoring in both the interests of the persons who are running the brick kiln industry and the employees who would be working therein.

Production will be further subject to the condition that it will be limited to the production capacity as per the consent granted by the respective State Pollution ControlBoards, the Court clarified.

The persons running the units shall report at the end of every cycle, the actual total production which has been carried out in their units (arising out of each cycle) to the respective State Pollution Control Boards, the top court said.

It added that the State Pollution Control Boards shall promptly intimate the Central Pollution Control Board of the said figures and on the date of the next hearing. The Central Pollution Control Board will produce a chart showing the production so that the Court may analyse whether there is a violation of this Court's order.

"The Central Pollution Control Board and the State Pollution Control Board will monitor the impact of the pollution which is generated as a result of the units being permitted to operate, and actually carrying out the production in such form, as is measurable," said the Court and listed the matter for further hearing on May 6, 2022.

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