- (1.) Heard Sri D.R.H.Chauhan for petitioner and Dr. H. N. Tripathi for respondent Nos. 2 and 3.
(2.) Petitioner has challenged the order dated 28-12-2001 passed by the Principal Secretary, U. P. Pollution Control Board and the order dated 11-12-2001 passed by the Appellate Authority by which he has been directed to change the site of brick-kiln at an appropriate place, after following the requirements of Air (Prevention and Control of Pollution) Act, 1981.
(3.) One Sri Kamlesh Kumar Singh made complaints against petitioners for causing pollution to the neighbouring village by their brick-kiln. In writ petition No. 4189 of 2001, a Division Bench of this Court by its order dated 5-2-2001 directed the U. P. Pollution Control Board to dispose of his representation in accordance with law, preferably within six weeks from the date of communication. An inspection was made and that after giving notice to petitioner industry and hearing them on 19-3-2001, it was found that petitioner is running a brick-kiln by a fixed chimney. Village abadi is situate towards north within 100 metres and that the brick-kiln has been established without informing and taking No Objection Certificate from the U. P. Pollution Control Board which is an offence under Sections 37/39 of the Act. It was also found that the regional office, Varanasi had rejected an application for issuing no objection certificate on 24-2-2001. Petitioners were as such, directed to immediately close the brick-kiln and that the Competent Authority was required to stop the supply of water, coal etc. A direction was also issued to the petitioner to change the site after applying for a no objection certificate in accordance with law.;