NGT issues notice to Govt over violation of norms by brick kilns in Bandipora

Irfan Tramboo
SRINAGAR, Jan 29: The National Green Tribunal (NGT) has issued notices to the J&K Union Territory administration, along with the Deputy Commissioner, regarding a brick manufacturing unit operating in violation of environmental norms in the Naidkhai area of Bandipora district.
In its order, the NGT also emphasized that civil courts lack jurisdiction over environmental matters, stating that such cases fall exclusively under the authority of appellate bodies constituted under environmental laws.
The Principal Bench of the Tribunal has issued notices to seven respondents, including the Member Secretary of the J&K Pollution Control Committee (JKPCC), the Regional Director of the JKPCC, and the Deputy Commissioner of Bandipora, seeking their replies.
The Bench, comprising Justice Prakash Shrivastava, Chairperson, and Dr. Afroz Ahmad, Expert Member, heard the matter on January 22, 2025.
The petitioner alleged that the brick manufacturing unit was operating without mandatory permissions and causing environmental harm, particularly near a residential area and a Government Higher Secondary School.
“Issue notice to the respondents for filing their response/reply by way of affidavit before the Tribunal at least one week before the next date of hearing,” the NGT ordered.
The case is scheduled for the next hearing on May 5, 2025.
“The OA raises substantial issues relating to compliance with environmental norms,” the Tribunal observed.
The petitioner contended that the unit violated provisions under the Environment (Protection) Act, 1986, by using a hollow bricks machine and sand mixture without requisite approvals from the JKPCC.
Additionally, it was highlighted that the unit operates within 20 feet of an educational institution, creating significant air and noise pollution, which adversely affects the health of students and local residents.
According to the petition, the JKPCC had previously issued a closure order on May 27, 2024, but this was challenged in the Chief Judicial Magistrate’s Court in Srinagar.
An interim stay was granted on October 28, 2024, keeping the closure order in abeyance.
The NGT noted that jurisdiction over such matters lies exclusively with appellate authorities constituted under environmental laws, such as the Air (Prevention and Control of Pollution) Act, 1981, and the Water (Prevention and Control of Pollution) Act, 1974.
Civil courts are barred from intervening in these cases under Section 46 of the Air Act and Section 58 of the Water Act, it stated.
The order further stated that the violator was using a DG set and sand mixture without requisite permissions.
“Further, the plea of the applicant is that there is an educational institution located within 20 feet, i.e., a Government Higher Secondary School, Naidkhai, and that the unit is creating pollution-especially air and noise pollution-posing health hazards and affecting the environment in the area,” the order stated.
The NGT noted that the applicant pointed out that, based on a complaint, the JKPCC had issued the closure order on May 27, 2024.
However, the operator of the unit challenged this order in a civil suit before the Chief Judicial Magistrate, Srinagar, which resulted in an interim order on October 28, 2024.
“…in compliance thereof, the closure order dated 27.05.2024 has been kept in abeyance by the Member Secretary, JKPCC, through an order dated 08.01.2025.”
The NGT observed: “We find that the order dated 27.05.2024 was passed by the Member Secretary, JKPCC, under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, and that Section 58 of the Water Act, 1974, creates a jurisdictional bar on the civil court.”
The Tribunal stressed that the JKPCC must bring this jurisdictional bar to the notice of the civil court, which had stayed the J&KPCC’s closure order of May 27, 2024, issued under the Air Act, Water Act, and EP Act.