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Id:

20460642

Approve:

false

Approve Note:

Clarification:

false

Clarification Note:

Date Created:

2022-11-22 14:18:37.246

File Note:

It is submitted that Consent to operate under the Air Act, 1981 was granted to the brick kiln vide no.   CTOA/Renewal/FZL/2016/4824068 dated 16.12.2016, valid upto 30/09/2026 for operation of brick kiln with bulls trench kiln (BTK) technology for production of bricks & tiles @ 30,000 nos./day, subject to the conditions mentioned therein.                         The brick kiln was made aware of these directions dated 28.05.2019 of the State Govt. along with a request to submit compliance regarding work for conversion to induced draft technology with zig-zag setting along with deposition of environmental compensation vide this office letter no. 4363 dated 29.08.2019. However, no reply was received from the brick kiln.                         The kiln neither applied for varied consent to operate for operation of brick kiln with induced draft technology with zig-zag setting nor it has deposited environmental compensation fee in this office. Accordingly, consent to operate under the Air Act, 1981 was cancelled vide this office letter no. 641 dated 29.01.2020.                         The kiln neither submitted the completion certificate from the concerned technical provider for adoption of induced draft technology nor applied for consents to operate under the Water Act, 1974 and the Air Act, 1981 as well as for not depositing requisite amount of Environmental Compensation (EC) in this office. Accordingly, show cause notice was issued to the kiln for violations of the provisions of the Water Act, 1974 and the Air Act, 1981 vide this office letter no. 1950 dated 26/05/2021.                         To verify the compliance status the brick kiln, the kiln was visited by AEE (undersigned) on 18.05.2022 and it was observed as under:– 1.    The brick kiln was not in operation. The brick kiln has adopted induced draft technology. Coal alongwith agricultural waste was found at kiln site. 2.    The brick kiln has upgraded its kiln into induced draft zig-zag technology, however no completion drawing has been submitted in this regard. AVFD fan has been provided with the chimney and the length of the brick kiln (central island was less than 245 feet). 3.    During visit, the representative of the industry was advised to apply for consent to operate of the Board under the Water Act, 1974 and the Air Act, 1981 and to deposit Environment Compensation to the Board. But, till date the industry has failed to apply for the same.                            Since the owner of the brick kiln is operating the brick kiln without obtaining varied consent to operate under the Water Act, 1974 and the Air Act, 1981 has failed to deposit Environmental Compensation (EC). Accordingly, notice to issue directions u/s 31-A of the Air Act, 1981 was issued to the brick kiln for its closure vide Board’s office letter no. 2596 dated 01.06.2022 with an opportunity to submit reply in writing within a period of 10 days. But, the brick kiln has neither submitted any reply to the show cause notice issued to it within stipulated time period nor deposited EC.                            Accordingly, the matter has been considered by the Competent Authority of the Board and decided to issue notice to issue directions u/s 31-A of the Air Act, 1981 to the brick kiln for its closure vide Board’s letter no. 3089 dated 28.06.2022 with an opportunity of personal hearing before the CEE on 07.07.2022.  But neither any representative of the brick kiln attended the hearing nor submitted any reply in the matter.                            During hearing, it was observed that the brick kiln uses unauthorized fuel along with crushed coal as fuel in its kiln and also failed to obtain consent to operate of the Board under the Air Act, 1981.                            Since the owner of the brick kiln is operating the brick kiln without obtaining consent to operate under the Water Act, 1974 and the Air Act, 1981 has failed to deposit Environmental Compensation (EC). Also, the industry has failed to comply with the directions issued by Hon’ble NGT, State Govt., CPCB & PPCB.                            Accordingly, the matter has been considered by the Board and decided that legal action may be taken against the brick kiln u/s 37 (I) of the Air Act, 1981 for not complying with the directions issued to them u/s 31-A of the Air Act, 1981 after giving an opportunity of show cause. Therefore, directions u/s 31-A of the Air Act, 1981 were issued to it vide Board’s letter no. 3728 dated 26.07.2022 for closure of the brick kiln. Also, vide Board’s letter no. 3730 dated 26.07.2022, DFSC, Fazilka was requested to cancel the license of brick kiln immediately with immediate effect.                         Now, the brick kiln has applied for obtaining fresh consent to operate under the Water Act, 1974 and varied consent to operate under the Air Act, 1981 on dated 08.11.2022, for its operation after adopting induced draft technology with zig-zag firing to manufacture bricks and tiles @ 30,000 nos./day. Details of the case are as under:- <p class="MsoListParagraph" style="text-align: justify; text-indent: -.25in; line-height: 115%; mso-list: l3 level1 lfo2; border: none; mso-padding-alt: 31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow: yes; margin: .3pt 7.3pt .0001pt .25in;">·         The brick kiln has submitted feasibility/technical report along with completion drawing from M/s Team Energy Systems authorized licensee of M/s Central Building Research Institute, Roorkee regarding induced draft zig-zag technology to be adopted by the kiln and Completion certificate dated 09.06.2022 via drawing no. 21/034 issued by M/s CSIR-CBRI, Roorkee. ·         As per completion certificate dated 09.06.2022 the brick kiln has converted into induced draft zig-zag technology. ·         The brick kiln has submitted two no. lease deeds executed on dated 02.11.2020 which states that Sh. Manohar Lal S/o Sh. Hari Ram & Sh. Vishnu Datt S/o Sh. Om Parkash, residents of Sito Gunno, owners of land 18 kanal 2 marla situated at Village Khairpur, Tehsil Abohar, Distt. Fazilka and Sh. Vikash Kumar S/o Sh. Shiv Narayan & Sh. Sekhar S/o Sh. Pala Ram,  residents of Sito Gunno, owners of land 17 kanal 2 marla situated at Village Khairpur, Tehsil Abohar, Distt. Fazilka have given their land measuring area 35 Kanals 4 Marlas, on lease to Smt. Mandeep Kaur W/o Jasbir Singh resident of Burjan, Sri Muktsar Sahib, Proprietor of the brick kiln  M/s Shangan Lal Batra BKO, Village Khairpur Sitto, Abohar , for 10 years i.e. from 15.09.2020 to 14.09.2030 for rent of Rs. 1,23,410/- per year and  Rs. 1,16,590/- per year i.e. total  Rs. 2,40,000/- per year. ·         The brick kiln has submitted partnership deed executed on dated 30.10.2020 which states that Sh. Mahesh Kumar Mittal S/o Sh. Durga Parshad, R/o Abohar, Sh. Deepak Angi S/o Amar Nath Angi, R/o Humangarh, Sh. Saksham Nagpal S/o Sh. Surinder Nagpal, R/o Abohar and Smt. Mandeep Kaur W/o Sh. Jasbir Singh, R/o Village Buraj Sidhwan, Malout, Distt. Sri Muktsar Sahib have decided to enter into partnership in the firm name & style of M/s Shangan Lal Batra BKO, Village Khairpur Sitto, Tehsil  Abohar, Distt. Fazilka w.e.f. 30.10.2020. ·         The brick kiln has submitted dissolution deed executed on dated 31.10.2020 which states that earlier Sh. Mahesh Kumar Mittal S/o Sh. Durga Parshad, R/o Abohar, Sh. Deepak Angi S/o Amar Nath Angi, R/o Humangarh, Sh. Saksham Nagpal S/o Sh. Surinder Nagpal, R/o Abohar and Smt. Mandeep Kaur W/o Sh. Jasbir Singh, R/o Village Buraj Sidhwan, Malout, Distt. Sri Muktsar Sahib have decided to enter into partnership in the firm name & style of M/s Shangan Lal Batra BKO, Village Khairpur Sitto, Tehsil  Abohar, Distt. Fazilka w.e.f. 30.10.2020. Sh. Mahesh Kumar Mittal, Sh. Deepak Angi, Sh. Saksham Nagpal have decided to retired from the partnership deep with mutual consent. Now, Smt. Mandeep Kaur is only proprietor of the brick kiln. ·         Smt. Mandeep Kaur W/o Jasbir Singh resident of Burjan, Sri Muktsar Sahib, Proprietor of the brick kiln has submitted an declaration, which is reproduced as under:- 1.  That I am the proprietor of M/s Shangan Lal Batra BKO, Village Khairpur Sitto, Abohar. 2.  That I have fired my brick kiln from the month of February 2019 to March 2019. 3.  That I have not fired my brick kiln after 31/03/2019. 4.  That I have fired my brick kiln by using agro fuels /bio mass products. 5.  That I have not maintained coal register till adoption of induced draft technology. 6.  That the brick kiln has been converted to induced draft technology in the 1st week of may 2022 and I have fired my brick kiln in the 2nd week of May 2022 after completion. But the officer of CBRI Roorkee visited the Brick Kiln in the 1st week of June 2022 and issued completion certificate on 09/06/2022. 7.  That I shall comply with all the terms & conditions of Punjab Pollution Control Board. ·         The brick kiln has submitted an undertaking (attested by Charted Accountant i.e.  M/s  Shyna Kapoor & Associates) through  Mandeep Kaur W/o Jasbir Singh resident of Burjan, Sri Muktsar Sahib,  proprietor  of M/s Shangan Lal Batra BKO, Village Khairpur Sitto, Abohar, which is reproduced as under:- 1.  That I am the proprietor of M/s Shangan Lal Batra BKO, Village Khairpur Sitto, Abohar. 2.  That the brick kiln has adopted induced draught technology and obtained completion certificate from CSIR-Central Building Research Institute, Roorkee on 09/06/2022. 3.  That the brick kiln has not been operated on the coal from the period 01.02.2019 to March 2019 and till adoption of induced draught technology. 4.  That the brick kiln is using authorized fuel such as agro fuels / bio-mass and the brick kiln was operated with FCBTK technology from the month of February 2019 to March 2019 and thereafter the kiln has not been operated till adoption of induced draught Zig Zag technology after obtaining completion certificate from CSIR-Central Building Research Institute, Roorkee. As the brick kiln has operated its unit without adoption of induced draft zig-zag technology during the period from Feb, 2019 to March, 2019, therefore, the kiln has deposited Rs. 50,000/- as EC vide R. No. 92/5446 dated 17/11/2022, which is inadequate.   ·         The brick kiln has submitted certificate of C.A showing value of gross fixed assets of the industry as Rs. 38.45 lacs as on 19.07.2022 (including value of land @ 24.00 lacs i.e. lease deed @ 2,40,000/- per year for 10 years w.e.f. 15.09.2020 to 14.09.2030).<a name="_GoBack"></a> ·         The brick kiln has deposited Rs. 34,800/- vide R. No. 335310075 dated 19.07.2022 as consent to operate fee under the Water Act, 1974, which is adequate for period upto 30.09.2030 in orange category. ·         The brick kiln has deposited   Rs. 32,100/- vide R. No. 496575022 dated 19.07.2022, out of which Rs. 2900/- as NOC fee, Rs. 500/- as application form fee, Rs. 8700/- as penalty fee and remaining Rs. 20,000/- as consent to operate fee under the Air Act, 1981, which is adequate for a period up to 30.09.2031 under orange category.                              Keeping in view of above, it is recommended as under:- <p class="MsoListParagraph" style="margin-left: .25in; text-align: justify; text-indent: -.25in; mso-list: l2 level1 lfo5; border: none; mso-padding-alt: 31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow: yes;">1.    Consent to operate under the Water Act, 1974 and Air Act, 1981 may be granted to the brick kiln for production of bricks & tiles @ 30,000 nos./day using induced draft zig-zag technology for a period of 30.09.2030 and 30.09.2031, respectively, with suitable conditions.   <p class="MsoListParagraph" style="margin-left: .25in; text-align: justify; text-indent: -.25in; mso-list: l2 level1 lfo5; border: none; mso-padding-alt: 31.0pt 31.0pt 31.0pt 31.0pt; mso-border-shadow: yes;">2.    Directions u/s 31-A of the Air Act, 1981 was issued to the brick kiln for its closure be dropped, please.

Inspection:

false

Inspection Note:

Officer:

PPCB139

Reject:

false

Reject Note:

Role:

RO AEE Aushpreet Singh