Kiran Raj

The National Green Tribunal (NGT) has directed stringent enforcement of environmental regulations on brick kilns operating in Uttar Pradesh, addressing concerns regarding soil excavation and compliance with pollution control measures. The Tribunal held that soil excavation for brick manufacturing constitutes mining and requires environmental clearance under prevailing laws. Authorities, including the Uttar Pradesh Pollution Control Board (UPPCB), Central Pollution Control Board (CPCB), and the State of Uttar Pradesh, have been directed to ensure compliance, failing which, penalties and enforcement actions will follow.

The Tribunal observed that unauthorized excavation of topsoil in agricultural lands had resulted in environmental degradation, impacting cultivation. Based on a Joint Committee report, the court recorded instances of excessive soil removal, which exceeded permissible limits. Consequently, the NGT has ordered strict monitoring of brick kilns, mandated environmental compensation for violations, and directed the regulatory authorities to take action against non-compliant units. The Tribunal further emphasized that no brick kiln shall operate without requisite environmental clearance, and compliance with prescribed norms must be ensured through periodic inspections.

The case originated from a complaint filed by Rafhat Naeem Siddiqui, a resident of Bijnor, Uttar Pradesh, who alleged that illegal excavation of soil was being conducted by M/s. Milansar Brick Works in the vicinity of his agricultural land. The applicant claimed that soil was being extracted beyond permissible limits, leading to land degradation and rendering portions of his farmland uncultivable. It was further alleged that the excavation was conducted using heavy machinery, specifically JCBs, in violation of environmental regulations.

The NGT, in its order dated May 23, 2022, constituted a Joint Committee to investigate the allegations. The committee comprised representatives from the Uttar Pradesh Pollution Control Board (UPPCB) and the District Magistrate, Bijnor. The committee was tasked with assessing the extent of soil excavation, its impact on agricultural productivity, and compliance with environmental norms. The committee’s mandate also included evaluating ambient air quality, soil degradation, and the effect of brick kiln operations on local biodiversity.

The Joint Committee conducted an inspection and submitted its report on August 25, 2022. The report documented the following findings:

1. The brick kiln operated by M/s. Milansar Brick Works had been functional since 2008 but was found to be non-operational at the time of inspection due to the off-season.

2. The brick kiln’s air consent from UPPCB had expired on July 31, 2021. The unit had applied for a renewal, which was under process at the time of inspection.

3. The brick kiln was required to transition to environmentally compliant zig-zag technology as per government directives but had not yet done so.

4. The site inspection confirmed that soil excavation had taken place adjacent to agricultural lands, resulting in topsoil removal beyond permissible limits.

5. The inspection team recorded that soil excavation had caused adverse effects on surrounding farmland, as portions of the land had become unsuitable for cultivation.

The respondents, including M/s. Milansar Brick Works, contested the allegations, arguing that they had not conducted illegal mining and that their operations were in accordance with existing policies. They cited provisions from the Uttar Pradesh Minor Mineral (Concession) Rules, 2021, which provided exemptions for manual soil excavation up to two meters in depth. They further submitted that they had paid the requisite regulatory fees and were in the process of obtaining renewed environmental clearances.

The Tribunal considered the legal framework governing soil excavation and environmental clearances. It referred to the Environment Impact Assessment (EIA) Notification, 2006, which mandates prior environmental clearance for mining activities. The court noted that "excavation of soil for brick making falls within the ambit of mining and requires prior environmental clearance under the EIA Notification." The Tribunal rejected the argument that small-scale manual excavation is exempt from mining regulations, stating that "any activity that involves extraction of earth material affecting land stability and soil quality requires regulatory oversight."

The Tribunal also addressed the issue of compliance with the Fly Ash Utilization Notification, 2021, which mandates that brick kilns utilize fly ash from coal-based industries to minimize soil depletion. The court stated, "The use of fly ash in brick kilns is an essential measure to reduce dependency on topsoil excavation. Regulatory authorities must enforce compliance to prevent environmental degradation."

Additionally, the Tribunal took note of the adverse impact of soil excavation on agricultural land. The judgment recorded, "The excavation of soil beyond permissible limits has resulted in the degradation of farmland, affecting agricultural productivity. The principle of environmental sustainability necessitates that regulatory authorities take corrective measures."

The Tribunal expressed dissatisfaction with the enforcement of environmental regulations, noting that despite previous directives, authorities had failed to prevent illegal excavation. It observed, "Regulatory agencies must ensure that brick kilns operate within legally prescribed limits and that soil excavation is strictly monitored to prevent environmental damage."

In light of its findings, the Tribunal issued the following directives:

1. The Uttar Pradesh Pollution Control Board (UPPCB) was directed to initiate proceedings against M/s. Milansar Brick Works for unauthorized soil excavation and impose environmental compensation as per legal provisions.

2. The Ministry of Environment, Forest and Climate Change (MoEF&CC) was instructed to issue a clarification regarding the applicability of environmental clearance requirements for brick kilns, ensuring alignment with the EIA Notification, 2006.

3. The Central Pollution Control Board (CPCB) was mandated to formulate guidelines for the conservation of topsoil and the mandatory use of fly ash in brick kilns.

4. The District Magistrate and Superintendent of Police, Bijnor, were ordered to ensure that no brick kiln operates without valid environmental clearance and compliance with regulatory norms.

5. The UPPCB and CPCB were directed to conduct periodic inspections of brick kilns to monitor compliance with environmental regulations.

The Tribunal further ordered that all brick kilns display a notice board containing details of their environmental clearance status, groundwater extraction permissions, and compliance with pollution control measures.

Case Title: Rafhat Naeem Siddiqui v. State of Uttar Pradesh
Case Number: O.A. No. 359/2022
Bench: Justice Prakash Shrivastava (Chairperson), Justice Arun Kumar Tyagi (Judicial Member), Dr. A. Senthil Vel (Expert Member)

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