Order of the Supreme Court of India in the matter of NCR Brick Kiln Association Vs Central Pollution Control Board & Others dated 27/02/2023.

The matter related to operation of brick kilns in the National Capital Region.

Counsel for the NCR Brick Kiln Association have submitted that brick kilns in the concerned states start functioning from March 1 of every year. The brick kiln association has requested for urgent orders as have been granted for the previous years. Reference has been made to the two orders passed on April 8, 2022 and May 13, 2022 by which the apex court had permitted the brick kilns in the concerned states to function for the year 2022 subject to certain terms and conditions laid down in those two orders. They have prayed for similar directions for the year 2023 also.

Counsel for the Central Pollution Control Board (CPCB) submitted that upon applications being made by the respective brick kiln owners to the state pollution control boards (SPCB), "the SPCBs after due verification make their recommendation to the CPCB and thereafter CPCB after due verification grant clearance to the units which are all compliant and in case of any defects the same are to be removed and thereafter fresh consideration is made for such units".

The CPCB has filed an affidavit, February 23, 2023 containing a list of all brick kilns with comments against each of the brick kilns and whether they are compliant or not. The CPCB informed the SC that it does not have any problem in all compliant brick kilns to start functioning from March 1, 2023. Also, if any brick kiln for which defects have been pointed out if the same are removed and they approach afresh through their respective SPCBs, their application will be considered at the earliest.

The Supreme Court, February 27 gave the go ahead for all compliant brick kilns to start functioning from March 1.