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The Supreme Court recently issued conditions to be followed by the Brick Kiln industries in the National Capital Region in view of the risk they pose to the environment.

A bench of Justice KM Joseph and Justice Hrishikesh Roy also directed the State Pollution Control Board to conduct surprise inspections without any notice and to issue warnings to the persons running the units from time to time to ensure that the production is being carried out in terms of the notification issued by the Ministry of Environment, Forest and Climate Change dated February 22, 2022.

The bench was hearing a petition filed by the NCR Brick Kiln Association challenging an order of the National Green Tribunal regarding the air quality index in the National Capital Region (NCR).

Keeping the concern of the Brick kiln operators in mind, the bench noted that the orders are being passed "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."

However, the bench further directed the person running the unit to report the actual total production which has been carried out in their units (arising out of each cycle) to the concerned State Pollution Control Board at the end of every cycle.

In addition to this 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.

The bench further clarified that "those out of 2164 units, which have not obtained consent to operate and those units which have not declared their production capacity, shall not be permitted to operate."

Advocate Swarupama Chaturvedi appeared for the Central Pollution Control Board.

Cause Title: NCR Brick Kiln Association Vs. Central Pollution Control Board & Ors.