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In The
High Court Of Delhi At New Delhi
C. W. 2145/1999
| Centre For Public Interest Litigation |
-- |
Petitioner |
| Versus |
| Union of India and
anothers |
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Respondents |
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| Affidavit
on behalf of Maharashtra Pollution Control Board |
| I, Dilip Bhaskarrao
Boralkar, aged about 51 years, Member Secretary of Maharashtra Pollution
Control Board, having my office at Kalpataru Point, Sion, (E), Mumbai
: 400 022 do hereby state on solemn affirmation as under : |
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| 1. |
That, I have gone through
the contents of the order passed by this Hon’ble Court on 5th
of August, 2004 wherein the State Pollution Control Boards have been
asked to see that , the brick kilns which are not using fly ash for
mixing with clay shall not be allowed to operate. I say that, as per
the provisions of the notification dated 14th of Setember, 1999 and
27th of August, 2003, the Regional Officers of the Board have identified
the brick kilns in their respective areas which are not complying
with the provisions of the said notification. I submit that, as per
the information and record available in the Board, there are 4663
brick kilns which are in operation, out of which 3874 are not utilizing
fly ash for mixing up with clay while manufacturing bricks. The regionwise
information is given in Annexure-I. |
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| 2. |
I say that, the Regional
Officers of the Board have taken up the issue with the concerned District
Magistrates, who are authorized under the law to grant mining lease
/ license to the brick kiln owners for excavating clay in their respective
areas. The District Magistrates have been asked to cancel the mining
lease / license of such brick kilns which are not utilizing fly ash
for mixing with clay. It is, however, submitted that, so far the Board
has not received adequate response from the District Magistrates in
this regard. The Board is following up the matter with the District
Administration. |
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| 3. |
I submit that, the Regional
Officers of the Board are issuing directions of closure to the non
complying brick kilns in the State under the provisions of the Environment
(Protection) Act, of 1986 and in compliance of the orders of this
Hon’ble Court. The District Magistrates have once again been
directed to ensure compliance of these directions and have also been
conveyed the seriousness of the issue. I submit that, the Board through
its Regional Officers is following up the matter to secure compliance
of the orders of this Hon’ble Court. I further submit that,
the Board is also taking efforts to see that more and more brick kilns
comply with the provisions of the Fly Ash notification dated 14th
September, 1999 and 27th August, 2003 issued under the Environment
(Protection) Act, 1986. |
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| 4. |
While on the subject, it
is respectfully submitted that, the Board was initially constituted
under the provisions of Water (Prevention & Control of Pollution)
Act, 1974. However, during the last three decades the functions, duties
and responsibilities of the Board have increased manifold. The Board
has to implement several environmental legislations and the rules
made thereunder which include rules on Hazardous Waste Management,
Bio-medical Waste Management, Municipal Solid Waste Management, Hazardous
Chemicals Rules, Battery Rules, Regulation of thin gauge plastic bags,
implementation of CRZ notifications, Environmental Impact Assessment
Notification besides compliance of various orders of the Hon’ble
High Courts and Supreme Court of India. I submit that, the man power
and infrastructure available with the Board is not commensurate with
the requirements for added responsibilities as stated above, which
at times results in delay in taking timely actions. |
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| 5. |
I submit that, the Board
has already initiated the process of institutional strengthening in
terms of infrastructure and man power which includes computerization
of the activities of the Board. This is in pursuance of the orders
of the Hon’ble Supreme Court of India in the matter of WP (C)
657 / 1995 regarding management of hazardous wastes. |
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| 6. |
I submit that, besides taking
action of closure of defaulting brick kilns, the Board will also initiate
the process of educating different stake holders and inform the importance
of utilization of fly ash to the maximum possible extent in co-operation
with the Thermal Power Plants in the state. I submit that, the main
hurdle in implementation of the notification is the cost of transport
of fly ash from the Thermal Power Plants to the end users i.e. brick
kilns. The small and medium size brick kilns are not in a position
to afford cost of transportation and loading / unloading cost of fly
ash. This issue needs consideration by the MoEF. |
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| 7. |
I reiterate that the Board
is making all efforts to comply with the provisions of the notifications
issued by Ministry of Environment & Forests, Govt. of India on
utilization of fly ash and compliance of the orders of this Hon’ble
Court. |
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Solemnly affirmed at
Mumbai on
24th September, 2004. |
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Deponent.
(Dilip Bhaskarrao Boralkar)
Member Secretary |
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Identified
by me
( A. B. Jain ) |
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Advocate
for Maharashtra Pollution Control Board. |
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ANNEXURE -
I
Summary of Brick Manufacturers utilising fly ash in Maharashtra
( With in 100 kms radius from Thermal
Power Plants)
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| Region |
District |
Total
No.
of brick Manufacturers |
No.
of brick Manufacturers utilising fly ash |
No.of
brick manufacturer not utilising fly ash |
No.
of brick manufacturers recommended to District Collector for
lease cancellation |
No.of
lease / license canceled |
Remarks |
| Kalyan & Thane |
Thane |
996 |
33 |
963 |
963 |
-- |
|
| Aurangabad |
Parbhani |
265 |
0 |
265 |
265 |
-- |
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|
Beed |
280 |
29 |
251 |
251 |
|
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|
Osmanabad |
52 |
0 |
52 |
52 |
-- |
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|
Nanded |
16 |
0 |
16 |
16 |
-- |
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|
Latur |
118 |
5 |
113 |
113 |
-- |
|
| Nagpur |
Nagpur |
133 |
0 |
133 |
133 |
-- |
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|
Wardha |
257 |
160 |
97 |
97 |
-- |
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|
Bhandara |
360 |
0 |
360 |
360 |
-- |
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|
Chandrapur |
141 |
83 |
58 |
58 |
-- |
|
| Amravati |
Amravati |
23 |
23 |
0 |
0 |
-- |
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|
Akola |
195 |
195 |
0 |
0 |
-- |
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|
Buldhana |
182 |
182 |
0 |
0 |
-- |
|
| Nashik |
Nashik |
410 |
31 |
379 |
379 |
-- |
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|
Jalgaon |
517 |
25 |
492 |
492 |
-- |
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|
Ahmednagar |
323 |
23 |
300 |
300 |
-- |
|
| Raigad & |
Raigad |
395 |
0 |
395 |
395 |
-- |
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| Navi Mumbai |
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| Total |
|
4,663 |
789 |
3,874 |
3,874 |
-- |
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