- (1.) This court dealt with 246 brick kilns in its order dated 11/9/1996. It was noticed in the said order that public notice and individual notices had been given to 246 brick kilns and the objections filed by them had been considered by the Delhi Pollution Control Committee. This court, however, in the interest of justice directed that the brick kilns be given one more opportunity to file objections against their categorisation as 'h' Category Industries. It was directed that the brick kilns may file objections within two weeks of the publication of the notice before the central Pollution Control Board (for short "the Board"). This court directed the Board to constitute a Committee to consider the objections. Pursuant to the abovesaid order of this court the Board considered all the objections which were filed before it inresponse to the public notice published by the Delhi Pollution Control committee.
(2.) The Delhi Pollution Control Committee, after considering the objections filed by various brick kilns had come to the conclusion that 246 brick kilns fell in 'h' Category Industries and an affidavit dated 6/9/1996 to that effect was filed by Mr. D. S. Negi, secretary (Environment) -cum- chairman, Delhi Pollution Control Committee. Para 7 of the affidavit is as under: "The committee seeks to file the third list of 'h' category industries. This list of 290 'h' category industries includes 246 brick kilns, 43 electric furnaces and a forging unit. (Annexed hereto as Annx. C. ) The CPCB recommended to the committee for the inclusion of all such industries under category 'h'. The committee, therefore, served individual notices on the said units and included them in the category 'h'. "
(3.) The Board has filed its report dated 18/11/1996. Para 3.1 of the report which relates to the brick kilns is as under: "Out of 246 notices issued to brick kilns, only 137 have filed the objections. Following are the recommendations of the Committee in this regard: (i) Moving chimney brick kiln should not be permitted in Delhi as it is highly polluting in nature and hence classified as 'ha' category. (ii) In L, N and P areas of U. T. of Delhi and designated areas close to thermal power plants (as and when declared by Delhi administration) , manufacturing of Flyash-sand-lime bricks, in which flyash requirement is about 80%, should only be permitted. (iii) However, only fixed chimney clay brick kilns may be allowed to operate in L, N and P areas for a period to be decided by the Hon'ble court to switch over to flyash-sand-lime bricks manufacturing, which does not require firing, subject to strict compliance of the following conditions. . ";