The National Green Tribunal (NGT) passed certain directions and disposed of a Petition filed involving the question of extending applicability of Graded Response Action Plan (GRAP), applicable to Fixed Chimney Bull Trench Kilns (FCBTK) to other coal fired brick kilns, including those using zig-zag technology in the State of Rajasthan to maintain the air quality with regard to carrying capacity for improving effectiveness of safeguards and the regulatory measures to minimize the impact of air pollution by operation of brick kilns and to enforce the prescribed norms in absence of carrying capacity of the environment to sustain such activity.
In India, air quality standards are measured in terms of the Air Quality Index (AQI). The AQI was launched in India on 17-10- 2014 by the Ministry of Environment and Forests. According to the press release of the Press information Bureau of the same date, it 2 consists of a comprehensive set of parameters to monitor and asses the air quality. The AQI considers eight pollutants (PM10, PM2.5, NO2, SO2, CO, O3, NH3, and Pb), and based on the levels of these pollutants six categories of AQI ranging from “Good” to “Severe” have been prescribed. The index also suggests the health effects of the pollution category wise.
The adverse effects of these extreme levels of air pollution spare no one the young, the old, the infirm and even the future generations. A study of the data of the Global Health Depository of the World Health Organization reveals that India has the world’s highest death rate from chronic respiratory diseases and that about 1.5 million people in India die annually due to indoor and outdoor pollution.
The Kolkata-based Chittaranjan National Cancer Institute (CNCI), in a study commissioned and handed over to the Central Pollution Control Board, found that key indicators of respiratory health, lung function to palpitation, vision to blood pressure, of children in Delhi, between four and 17 years of age, were worse off than their counterparts elsewhere.
It also found that more than 40% of the school children suffer from lung damage (Landmark Study Lies Buried, 02.04.2015, The Indian Express). We note with apprehension that there are nascent studies suggesting that pollution can lower children’s IQ, hurt their test scores and increase the risks of autism, epilepsy, diabetes and even adult-onset diseases like multiple sclerosis (Holding Your Breath in India, 29.05.2015, The New York Times).
When NGT referred to these extreme effects, the Bench was not merely referring to the inconvenience caused to people, but to abject deprivation of a range of constitutionally embedded rights that the residents ought to have enjoyed.
Needless to state, the grim situation of air quality adversely affected the right to education, work, health and ultimately, the right to life of the citizens, and this Tribunal is constitutionally bound to address their grave concerns. (M.C. Mehta v. Union of India [M.C. Mehta v. Union of India, (1998) 6 SCC 60] , [M.C. Mehta v. Union of India, (1998) 9 SCC 589] , M.C. Mehta v. Union of India [M.C. Mehta v. Union of India, (1998) 8 SCC 648] and M.C. Mehta v. Union of India [M.C. Mehta v. Union of India, (1998) 8 SCC 206]).”
The contention of the applicant is that in severe air quality conditions, coal fired brick kilns cannot be allowed to operate. There is a need for the time to switch over to the PNG. There must be an inter-se distance of at least 500 meters to maintain the air quality in the location of brick kilns, further when brick kilns start they should not be allowed to start simultaneously, but their firing should be staggered to avoid adverse impact on the environment.
While considering the matter this Tribunal found that certain assessment was required to be filed by the appropriate authorities for proper consideration and these parameters are –
i. Adoption of standard operating practices for Zig-Zag kilns operations.
ii. Preventing/reducing air pollution generation at source by change of brick kilns technology and/or shift to cleaner gaseous fuels Tunnel Kiln Technology.
iii. Use of PNG/CNG. iv. Air Pollution Control Devices (End-of-the Pipe Technologies).
v. Applied research/pilot testing for improvement in brick manufacturing process.
On the basis of above expert report, notification issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and the argument advanced by the counsel for the parties the Central Bench of Justice Sheo Kumar Singh and Justice Dr. A. Senthil Vel have the following conclusions:-
i. The State PCB, Rajasthan is directed to implement the provisions of the notification dated 22.02.2022 with the amendments dated 15.12.2023 communicated by CPCB dated 29.01.2024 with respect to emission standard, technology conversion and sitting criteria. The operation of brick kilns in major clusters viz. Suratgarh, Jaitsar, Srivijaynagar, Raisinghnagar and Anupgarh tehsils need to be regulated by restricting consented production or duration of operation.
ii. Order passed in original application no. 1016/2019 dated 17.02.2021 titled as Utkarsh Panwar Vs CPCB & Ors and orders passed in original application no. 262/2020 dated 11.07.2022 Hakam Singh & Anr. Vs. State of Rajasthan & Others must be strictly complied with (as applicable).
iii. An in depth study on brick kiln process optimization, assessment of region specific assimilative/supportive and carrying capacity is required to suggest and prepare environmentally sustainable functioning of brick kilns in each Tehsil of Sriganganagar district. Such a detailed study may be conducted by State PCB with the help and support of other technical institutes, expert bodies and on the basis of such study passed suitable orders for the operation of the brick kiln keeping in mind the carrying capacity of the area. This exercise should be done every year in the month of January or July as suitable to the department to be decided by the Secretary (Environment).
iv. Brick manufacturer’s Association should ensure that the fuel is stored properly and provide pucca roads in the operation area to control fugitive emission. The best practices to tap the flue gas leakages need to be adopted by all the brick manufacturers.
v. In-case of AQI being very poor or above the norms the GRAP as applicable in the NCR region vide order quoted above may be considered to be adopted by the State PCB.
vi. Minimum distance as prescribed by the MoEF&CC, process emission, utilisation of ash generated in the brick kiln, proper maintenance and protection of the paved roads utilized by the brick owner for transportation should be properly maintained.
vii. Vehicles transporting the raw materials should be covered as provided in the guidelines issued by the MoEF&CC.
The Bench directed that the recommendations submitted by the joint committee in this application be suitably considered by the Secretary (Environment) and suitable orders be issued accordingly to be implemented by the brick kiln owners to control the air pollution in the area.