Full Judgment
A.K. Yog, J.
1. Heard learned Counsel for the petitioner and learned Standing Counsel on behalf of the respondents.
2. Petitioner claiming to be the Pradhan of the village filed a suit and certain interim order was obtained. Thereafter an application was filed before the - Civil Court complaining breach of the interim order. These orders are ex parte.
3. Copy of the order sheet has not been annexed to satisfy this Court that all efforts were taken to serve Defendants in the said suit.
4. Considering the controversy raised by the Petitioner, I treat this petition to be public interest litigation. The grievance of the Petitioner concerns the entire society at large particularly the rural population inasmuch as running of brick kiln, without ensuring protection to the enviornment, ecology and grove, is a social menace.
5. I regret that this petition has been filed casually. Petitioner has not even cared to produceGovernment Order/s dealing with the subject. The reliefs sought, if allowed, are bound to seriously prejudice respondent Nos. 4, 5 and 6. Petitioner ought to have taken utmost care to place before this Court relevant Government Orders and legislative enactments, e.g., Trees and Plant Protection Act, Necessary Licensing Act and Forest Corporation Act,. Park and Playground Act, etc. This Court takes judicial notice that right to life includes right to health, which necessarily means maintenance of ecology and to check pollution.
6. In view of the above, I issue a general mandamus to all concerned authorities, including Chief retary, Government of U.P., all the Senior Superintendent of Police and Superintendent of Police concerned circle and Station HouseOfficer in the State and all other concerned authorities like District Magistrate and Sub-Divisional Magistrates to ensure that no brick-kiln is allowed to run in breach of the G.O. No. 73/10-B/1-33 dated 11th November, 1965 (provided it is still in force) and anyother Government Order dealing with the same subject as on date. If there is no Government Order, the same may be issued by the Government so as to ensure that groves are not being damaged by indiscreet running of brick-kiln.
7. In this context this Court may refer to news item published in 'Northern India Patrika' dated 8th June, 2000 under the title Developing fixed chimneys 'Kiln owners seek further extension of deading'. The news report is reproduced in extenso :
'NEW DELHI, June 7 (UNI) : The All India Brick and Tile manufacturers Federation (AIBTMF) has asked the Government to further extend the June 30 deadline for brick kiln owners for developing fixed chimneys as per news emission norms.
Talking to newspapers here, AIBTMF vide President R. P. Chandel said a further extension was necessary as so far only 50 percent of the brick kiln owners had been able to afford the new chimneys which required Rs. 10-15 lakh for construction.
As per the new emission norms introduced in 1997, brick kilns were required to have a fixed chimney with a stack height of 22-30 metres. They are also required to have gravitational settling chambers for arresting the particulate matters.
The Government has already extended the deadline twice, moving it ahead or more than three years. However, AIBTMF said if wanted the Government to extend it by two more years.
Though around half of the brick kiln owners have changed to new norms, the rest cannot shift to fixed chimney due to lack of financial assistance from banks and housing financial institutions. Thus, if the Government does not extend the deadline, around 50,000 small and medium size kilns employing about one crore skilled and unskilled labour will face closure, he said.
Mr. Chandel said apart from extension of the deadline the industry also wanted soft term loans from the Government.
They also demanded that the Government set up a Rs. 200 crore brick kiln modernisation fund, as done forother industries to enable them to use fly ash and other waste materials for bricks making.
This would help in usefully disposing about 60 million tonnes of fly ash per annum as well as saving precious top soil. But making kilns which use fly ash needs a total investment of around Rs. 25 lakhs per kiln. This also needs a research and development centre and thus we are also asking for a moderisation fund, Mr. Chandel said.'
8. It may be noted that if it is cumbersome and cause grave hardship for certain brick kiln owners to have fixed 'chimneys', Government may device means to help them, but the brick kiln owners cannot be allowed to run their kilns at the cost of life and health of people living in the rural areas and natural wealth in the shape of precious grove of exquisite variety of mango, etc. of the country. Brick kiln owners must ensure observance of such restriction provided by the Government in relevant Government orders.
9. A writ of mandamus is issued to respondent Nos. 1 to 3 in particular to ensure compliance of relevant Government Order on the subject information in thisrespect may be provided by the District Magistrate, Ballia within one week of receipt of certified copy of this order, which may be provided by the petitioner herself with all the relelvant material as is being provided to this Court.
10. Writ petition is allowed.
11. A copy of this judgment may be sent by the Registry to the following for necessary, action:
1. Chief retary, Government of U.P., Lucknow.
2. Director Agriculture and Horticulture, Lucknow.
3. Director General of Police, U.P. Police, Lucknow.