The Allahabad High Court has issued Contempt notices against the State Level Environment Impact Assessment Authority and State Level Environment Appraisal Committee for not implementing environmental guidelines vis-a-vis construction of 6 feet high fencing around the mining project of brick kilns.
Notices have also been issued to the District Magistrates and the Mines Officers of Meerut and Ghaziabad, the districts where the alleged defaulting brick kilns are located.
In two separate orders, Justice Mahesh Chandra Tripathi noted that brick kilns in these districts continued to operate in teeth of the directions issued by the high court in Sumit Singh v. State of UP, PIL No. 20773/2014. Therein, the high court had directed the authorities concerned to comply with the Office Memorandum dated June 24, 2013 issued by the State Pollution Control Board and to ensure that 6 feet high tin sheet is erected, fencing all around the mining project of brick kiln.
The court observed that about 100 brick kilns in the District of Meerut and close to 70% of the brick kilns in Ghaziabad had been operating without complying with the aforesaid directions.
Thus, the court observed,
"The brick kilns are continuing to operate on the basis of mining plans issued by the opposite parties without ensuring the mandatory condition no.5 of notification dated 24.6.2013 regarding construction of 6 feet high fencing of tin sheet around the mining project of brick kiln. The opposite parties are under an obligation to ensure strict compliance of the directions issued by this Court but the opposite parties are acting in gross derogation of the directions issued by Hon'ble Supreme Court as well as this Court. The opposite parties have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971."
Case Details:Case Title: Badal Singh v. DM, Meerut & Anr.; Badal singh v. SEIAA & Ors.Case No.: CAPL(A) No. 437/2020; CAPL(A) No. 519/2020Quorum: Justice Mahesh Chandra TripathiAppearance: Senior Advocate Anoop Trivedi with Advocates Abhinav Gaur and Vibhu Rai (for Petitioner)
Click Here To Download Order For District of Meerut
Click Here To Download Order For District of Ghaziabad