Kuldip Singh and; Faizan Uddin, JJ.
1. The brick kilns operating in the Taj Trapezium are one of the major sources of air pollution. This Court by the order dated 4-4-1996 directed National Environmental Engineering Research Institute (NEERI), Nagpur to send an inspection team to visit the brick kilns in Taj Trapezium to find out the extent of pollution generated by the brick kilns and to report whether to safeguard Taj Mahal and other significant monuments from pollution — it would be environmentally viable to permit the brick kilns to operate in the Taj Trapezium. NEERI has placed on record its inspection report dated 24-4-1996. The report has primarily dealt with the present status of brick kilns, emission characterisation and ambient air monitoring in and around representative brick kilns, brick-making process, metrology and prediction of ground-level concentrations of air pollutants, impact on Taj Mahal and other monuments, human health and vegetation and various other aspects relating to environmental preservation. NEERI has given distribution of brick kilns at various distances from Taj Mahal. According to the report there is no brick kiln up to 5 km from the Taj Mahal. There are 12 brick kilns within the distance of 5-10 km, 31 between 10-15 km and 22 between 15-20 km. All other brick kilns are beyond the distance of 20 km from Taj Mahal. The report also indicates that there are many brick kilns operating without renewal permission. The recommendations of NEERI as contained in para 5 of the report are as under:
“5.0 Recommendations
The locations of brick kilns need to be decided on the basis of incremental rise in the air pollutants due to brick kilns vis-à-vis Taj Mahal. The distance of brick kilns from existing habitations should also be considered in the perspective of health effects on general population, and effects on vegetation. The following recommendations are accordingly made by the inspection team:
5.1 Improvement in brick kilns design
The brick kilns being operated in TTA are of primitive designs, operated manually using obsolete methods, and highly energy inefficient. Thus, improvement in their designs is urgently needed.
The brick kilns have two types of chimneys, viz., moving and stationary. The moving chimneys are two in number, with 32 and 34 feet stack heights respectively and made of mild steel (MS) sheet with one season life. It is recommended that air pollution control equipment consisting of baffle arrangement inside the chimney with a gas bypass system should be installed in the chimneys to arrest pollution.
In stationary chimney type brick kilns, the stack is made of bricks. It is recommended that a covered baffled settling cell at the bottom of the stack with provision of stack bypass system and water cap be installed. This would result in higher efficiency in trapping the pollutants.
A few brick kilns have installed stationary chimneys made of bricks of 90 to 100 feet height at the centre of the brick kilns. The cost of this chimney is around Rs 1.2 lakhs and the life is around 20 years. This chimney provides better dispersion of pollutants and consequently lesser effect on ambient air quality. The cost of moving chimney is about Rs 0.30 lakh and it is economical to replace moving chimney with stationary chimney of 100 feet height in brick kilns operating for more than four years. It is, therefore, recommended that the stationary chimneys of 100 feet height in brick kilns, which will have a life of more than 30 years, be installed in all brick kilns operating in TTA.
5.2 Use of cleaner fuel
Better Quality Coal: The brick kilns should be provided with better quality coal to reduce particulate emissions. Currently the brick kilns are using slack coal with high ash content, and which produce large quantities of SPM.
Use of Pulverised Coal: The brick kilns are using coal of 30-40 mm size which results in sputtering and consequent formation of finer coal particles emanated as smoke from the chimneys. It is necessary to use pulverised coal of 10 mm size. This will facilitate better combustion and lesser emissions of smoke.
Shift in Fuel: Efforts should be made to replace coal with cleaner fuels like natural gas (NG). The shift in fuel will necessitate modifications/alterations in the design of the brick kilns.
5.3 Good housekeeping
There is substantial fugitive emissions from brick kilns. The surrounding of kilns are full of dust due to movement of trucks, and donkeys/ponies used for brick transportation inside the brick kiln areas. It is recommended that water be sprayed around the kilns to reduce suspended dust in the atmosphere.
5.4 Green belt development
This is an effective mitigation mechanism for fugitive emissions. Wherever the kilns are likely to operate for longer duration ( 7 years), the brick kiln-owners should develop green belt of 10 metre width around brick kiln area to attenuate fugitive emissions. The recommended plant species for green belt development are listed in Annexure II.
5.5 Use of fly ash for brick manufacture
Utilisation of fly ash for brick manufacture through the cost-effective technology available in India will save the precious topsoil required for agricultural production.
5.6 Relocation
All brick kilns within 20 km radial distance from Taj Mahal; other significant monuments in TTA and Bharatpur Bird Sanctuary; should be relocated beyond this distance.
New licence should not be given for the establishment of brick kilns within 20 km radial distance from the Taj Mahal, other monuments in TTA, and Bharatpur Bird Sanctuary.
Clustering of brick kilns is not practical due to the requirement of large area in brick-making operations.
6.0 Conclusions
The inspection of brick kilns in TTA shows that there is variation in the information on the number of operating kilns between various authorities. The data on number of operating brick kilns should be maintained by the district authorities.
The operating brick kilns are of primitive type with no pollution control systems. Improvements in design of brick kilns, and appropriate pollution control systems have been brought out in para 5.1.
Use of cleaner fuel, and improvement in brick kiln design will reduce the localised air pollution problems as brought out in para 5.2.
Use of fly ash for brick manufacture will save the valuable topsoil, as also put-to-use the waste from the thermal-power plants.
Existing brick kilns within 20 km radius are to be relocated in S-SE direction vis-à-vis Taj Mahal. The same aerial distance is to be maintained vis-à-vis other monuments in TTA and Bharatpur Bird Sanctuary.
No licences be accorded to the new brick kilns within 20 km radius from Taj Mahal and other monuments and Bharatpur Bird Sanctuary, as a precaution in keeping with the principles of environmental management.
In view of the primitive nature of the brick kilns operating in the Taj Trapezium Area (TTA), poor quality of fuel and the absence of pollution control devices in these brick kilns: and as a measure of abundant precaution towards the protection of monuments, flora and fauna, and public health in view of the synergistic and cumulative effects of pollutants emitted by the brick kilns and other polluting industries in TTA, as also in view of other significant monuments and Bharatpur Bird Sanctuary in TTA: it is recommended that the brick kilns may be allowed to operate only outside the Taj Trapezium Area.”
2. We have heard Mr M.C. Mehta and learned counsel appearing for the brick kiln operators. Keeping in view the NEERI report in general and its recommendations in particular, we order and direct as under:
“(1) All licensed brick kilns within 20 km radial distance of Taj Mahal and other significant monuments in Taj Trapezium and Bharatpur Bird Sanctuary shall be closed and stop operating w.e.f. 15-8-1996. We direct the State of U.P. to render all possible assistance to the licensed brick kiln-owners in the process of relocation beyond Taj Trapezium, if the owners so desire. The closure order is, however, unconditional.
(2) We direct the District Magistrate and the Superintendent of Police concerned to close all unlicensed and unauthorised brick kilns operating in the Taj Trapezium with immediate effect. The U.P. Pollution Control Board (Board) shall file a compliance report within two months.
(3) No new licences shall be issued for the establishment of brick kilns within 20 km radial distance from Taj Mahal, other monuments in Taj Trapezium and Bharatpur Bird Sanctuary.”
3. We direct the Board to ensure the compliance with NEERI recommendations regarding brick kilns within the Taj Trapezium. We direct the Board to issue notices to all the brick kilns operating in the Taj Trapezium (beyond the distance of 20 km radial) to install all the pollution control devices suggested and recommended by NEERI in its report. The Board shall specifically indicate the steps to be taken by the brick kiln-owners. We further give liberty to the Board to direct the closure of a brick kiln, which fails to comply with the directions issued by the Board.
4. Copy of the order be sent to the officers concerned.