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It is submitted that the industry is a small scale orange category Brick Kiln and was granted consent to operate under the Air (Prevention & Control of Pollution) Act, 1981 vide no. CTOA/Renewal/FZL/2018/7199195 dated 30.03.2018, valid up to 31.03.2019, subject to the condition that BKO will upgrade to high draft technology……………….……
The Hon’ble National Green Tribunal (NGT), New Delhi, vide its order dated 24.10.2018 passed in the matter of Punjab Brick Kiln Owners Association vs. State of Punjab & Ors. (Appeal No. 251/2018), directed that all brick kilns in the State of Punjab shall remain closed till 31.01.2019 and shall be permitted to operate thereafter only after installation of induced draft zig-zag technology…………………
The brick kiln was visited by AEE of this office on 06.02.2019, during which it was observed that the brick kiln was operating in violation of the provisions of the Air (Prevention & Control of Pollution) Act, 1981 and the directions dated 24.10.2018 issued by the Hon’ble NGT. Accordingly, the Consent to Operate under the Air Act, 1981 granted to the brick kiln was revoked vide this office letter no. 532–33 dated 07.02.2019, with a copy endorsed to the District Food, Civil Supplies & Consumer Affairs (DFSC), Fazilka. Further, directions under Section 31-A of the Air Act, 1981 were issued for closure of the brick kiln vide Board’s office letter no. 1098 dated 20.02.2019. Directions were also issued to DFSC, Fazilka for cancellation of the license of the brick kiln vide Board’s letter no. 1102 dated 20.02.2019…………..
The State Government, Department of Science, Technology & Environment, vide order no. 10/48/2019-STE(5)/1491422/1 dated 28.05.2019, directed that no conventional brick kiln operating on natural draft or Bull Trench Kiln (BTK) technology falling within non-attainment cities shall be allowed to operate beyond 30.09.2019. It was further directed that brick kilns failing to convert to induced draft zig-zag technology during the period 01.02.2019 to 30.09.2019 shall be liable to pay environmental compensation with effect from 01.02.2019. The subject brick kiln was informed of these directions and directed to deposit environmental compensation vide this office letter no. 3458 dated 26.07.2019…………………
Despite the above, the brick kiln continued to operate without a valid consent to operate and in violation of the provisions of the Air Act, 1981, the Hon’ble NGT order dated 24.10.2018 and the State Government directions dated 28.05.2019. Therefore, vide this office letter no. 4665–66 dated 14.10.2019, DFSC, Fazilka was requested to cancel the license of the brick kiln immediately. A copy of the letter was also endorsed to the Deputy Commissioner, Fazilka with a request to issue necessary directions to the concerned officials………………
To verify the compliance status, the brick kiln was again visited by the AEE on 11.04.2022 and no compliance with the above provisions was observed. Accordingly, a Show Cause Notice under Sections 37(1) and 41 of the Air Act, 1981 granting an opportunity to file objections in writing within 10 days was issued to the brick kiln and DFSC, Fazilka vide letter nos. 2605 and 2606 dated 01.06.2022, respectively. However, no reply was received……………..
Thereafter, another Show Cause Notice under Sections 37(1) and 41 of the Air Act, 1981 for failure to comply with directions issued under Section 31-A of the Air Act, 1981, along with a personal hearing before the Hon’ble Chairman of the Board on 21.07.2022, was issued vide letter no. 3293–94 dated 08.07.2022. Neither any representative of the brick kiln attended the hearing nor was any reply submitted. Meanwhile, the DFSC, Fazilka, vide letter no. 2434 dated 20.07.2022, informed that the brick kiln had stopped its operations and initiated the process of adopting zig-zag technology. It was further informed that the brick kiln had submitted a completion-cum-adequacy certificate and therefore no action was taken by DFSC for cancellation of its license at that stage………………………….
Subsequently, a notice under Sections 37(1) and 41 of the Air Act, 1981, along with a personal hearing before the Hon’ble Chairman of the Board on 08.09.2022, was issued to the brick kiln vide letter no. 4199 dated 29.08.2022. After the hearing, the Hon’ble Chairman of the Board decided that directions be issued to DFSC to suspend the license of the brick kiln and not to restore or issue the same without valid consent of the Board under the Air Act, 1981.
Accordingly, directions under Sections 37(1) and 41 of the Air (Prevention & Control of Pollution) Act, 1981 were issued to the DFSC officer, Fazilka vide Board’s letter no. 4704–06 dated 29.09.2022. In compliance, DFSC, Fazilka vide office order no. 493 dated 21.02.2023 cancelled the license of the brick kiln and directed that the brick kiln shall not be allowed to operate. Also, the BKO was visited by this office on 24.06.2025 and it was observed that the brick kiln was not in operation……………..
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 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: -…………………. (i) The brick kiln has submitted CA certificated showing total value as Rs 51,81,086/- . ……………………..(ii) The brick kiln has submitted Design Adequacy cum completion certificate from CSIR-Central Building Research Institute, Roorkee which mentions that BKO has constructed Induced Draft Brick Kiln with Zig-zag technology, rectangular in shape as per CSIR-CBIR design…………..(ii) The BKO has submitted drawing of brick kiln vide no. TM-20/010. …………….(iii) The BKO has submitted feasibility report approved by M/s Team Energy Systems. ………………(iv) The brick kiln has submitted self-declaration duly verified by the CA to the effect that the bricks kiln was not in operation from April 2019 till date due to financial reasons…………….. (v) The brick kiln deposited Rs 87,000/- vide UTR/No. 737783999 dated 13.01.2026 under the Water Act, 1974 and Rs. 79,200/- vide UTR/No. 66187003 dated 13.01.2026 under the Air Act, 1981 and Rs 1800/- as NOC regularization fee. Adjusting for penalties, the deposited fee is adequate for a period up to 30.09.2035 ……………(vi) The BKO has submitted land lease agreement which is valid till 01.10.2030……………
The brick kiln was visited by Er. Harblisterjeet Singh AEE on 19.01.2026 and it was observed as under: (i) The brick kiln was not in operation and no laying of katcha bricks was observed in the kiln. No unauthorized fuel was found lying at kiln site. As per onsite circumstances, it can be concluded that the brick kiln has not been operated since long…………. (ii) The brick kiln has upgraded its kiln into induced draft zig-zag technology as per the completion drawing submitted by it.………………. (iii) The brick kiln has provided chimney of adequate height along with adequate sampling facilities to facilitate emission sampling…………….. (iv) The kiln has stabilized the periphery road/movement area with brick bats/keri………….. (v) The brick kiln has planted trees/saplings along its boundary, however the plantation was not adequate…………….. (vi) The brick kiln has provided septic tanks for treatment of domestic effluent generated from its premises with disposal of the treated effluent onto land for plantation. ……………. In view of the above, it is clear that the BKO is complying with the provisions of the Water Act, 1974 and the Air Act, 1981………….. Keeping in view of above, if approved, it is recommended that 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 up to 30.09.2035, subject to the suitable conditions along with following additional conditions:…………….. 1. The consent is subject to the orders passed by the Hon’ble Punjab & Haryana High Court/Hon’ble National Green Tribunal or other Judicial Authority in the cases pending or being filed …………….. 2. The industry shall comply with code of practice for brick kiln and shall achieve the prescribed standard notified by MOEF & CC…………3. The brick kiln shall ensure adequate plantation all along the boundary of the industrial premises.……………
Note: Agenda could not be generated due to server error.
Competency: CEE (B)
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