Order of the National Green Tribunal regarding adoption of technologies for brick kilns, 06/02/2020

  • 06/02/2020

Order of the National Green Tribunal in the matter of Dinesh Chahal & Others Vs Union of India & Others dated 06/02/2020 regarding validity of the order issued by the Director, Food, Civil supplies and Consumers Affairs, Government of Haryana, Chandigarh extending time limit for adoption of zig-zag Technology for running of the brick kilns beyond NCR area upto 31.07.2019, without any scientific study on carrying capacity for such activity and without any safeguards. Further question which has emerged during the proceedings is permissibility of Fixed Chimney Bull's Trench Kiln (FCBTK) technology kilns, using agro fuel.

It is acknowledged in the report of joint Committee that stack emissions are less in case of kilns operating on Zig-zag technology, compared to the kilns operating on FCBTK technology on the same fuels. The report further mentions that introduction of FCBTK technology using agro-residue may be done only after carrying capacity assessment of specific area, coverying estimation of total existing PM load, assimilative capacity with regard to PM and supportive capacity with regard to PM. Further, in view of large number of brick kilns operating in the area, besides carrying capacity issue with regard to ambient air, there are issues with regard to environmental degradation on account of operation of such large number brick kilns having potential for loss of productive top soil which takes thousand of years to form and is a prime factor which determines agricultural productivity.

For the above reasons, the NGT said that while the life of impugned order dated 07.12.2018 passed by the Director, Food, Civil supplies and Consumers Affairs, Government of Haryana has expired, question whether FCBTK technology can be allowed in non-NCR region of Haryana by using agri-residue will be determined in the light of further report as to the carrying capacity of the area in the light of potential for impact on the air quality of the area and on NCT Delhi specially during the winter months and degradation of top soil.

The NGT directed that a carrying capacity study which has adequate samples in terms of number of brick kilns and days for which the emissions monitored be conducted covering the impact on ambient air and the loss of top soil. Such study may particularly assess the permissible number of brick kilns and technology to be used for the same in the non-NCR region.