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Delhi air pollution: Allahabad HC issues contempt notices to Gautam Budh Nagar, Bulandshahr DMs for allowing illegal operation of brick kilns

The Allahabad High Court has issued contempt notices to the District Magistrates of Bulandshahr and Gautam Budh Nagar for allowing the illegal operation of brick kilns in violation of environmental norms in the National Capital Region.

A single-judge bench of Justice Abdul Moin passed this order while hearing a petition filed by Sohanveer. The contention of counsel for the applicant is that a Division Bench of the Court has given a general mandamus the order dated May 1, 2014 passed in Public Interest Litigation in re: Sumit Singh vs State of UP and others pertaining to running of brick kilns in violation of the Uttar Pradesh Brick Kilns (Siting Criteria for Establishment) Rules, 2012 in Baghpat and Meerut districts.

The said directions were issued after considering that a circular had been issued by the State Pollution Control Board to all its regional offices on November 3, 2013 whereby the Court had directed for strict and scrupulous compliance by the district administration.

It is contended that subsequent thereto another circular had been issued by the Central Pollution Control Board on October 18, 2021, a copy of the application whereby it has been directed that all brick kilns would remain closed in Delhi National Capital Region on the directions of National Green Tribunal.

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It is further contended that despite the applicant having informed the authorities about the operation of certain brick kilns in violation of the orders issued by the Central Pollution Control Board and a Division Bench of the Court, no heed has been paid upon the same and the said brick kilns are still operating. The said representations are dated October 20, 2021 and November 14, 2021.

As regards locus to file a contempt petition reliance has been placed on an unreported judgment of the Apex Court passed in contempt petition in re: Girish Mittal vs Parvati V. Sundaram and another decided on April 26, 2019 to contend that where the direction issued by the court is general in nature then on violation of any such direction an aggrieved party can file a contempt petition, the court observed.

“Issue notice to respondent to show cause as to why the proceedings for contempt of the Court be not initiated against him for non-compliance of the judgment and order dated May 01, 2014 passed in Public Interest Litigation. The authorities while serving notice on the respondents shall strictly adhere to the directions issued by the Court order dated June 7, 2021,”

-the court ordered.

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