Neutral Citation No. - 2025:AHC:41385-DB Court No. - 21 Case :- WRIT - C No. - 8234 of 2025 Petitioner :- M/S Sarvjit Ent Bhatha Udyog Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamendra Singh,Sanjeev Singh Counsel for Respondent :- C.S.C.,Hari Nath Tripathi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition filed under Article 226 of the Constitution is to quash the orders dated 21.02.2025 and 05.03.2025 passed by Regional Officer, U.P. Pollution Control Board, Azamgarh and Chief Environmental Officer, Vitt-6, U.P. Pollution Control Board, Lucknow, respondent Nos. 4 & 3 respectively. 2. By order dated 21.02.2025, the Regional Officer, U.P. Pollution Control Board, Azamgarh has revoked the consent to operate order dated 11.02.2021 granted to the petitioner, a brick-kiln unit. The order has been passed to give effect to the direction issued by NGT vide order dated 17.02.2025 in O.A. No. 651 of 2023, Krishna Nand Yadav vs. State of U.P. and others. The relevant part of the order of NGT dated 17.02.2025 is as follows: ".......7. If the brick kilns are operating in the ESZ area then a presumption is attached that mining is also continuing in that area for the supply of raw materials to the brick-kilns. 9. In the meanwhile, the Member Secretary, UPPCB, will ensure that no brick-kiln in ESZ operates in violation of the laws and will disclose in the next affidavit the action taken against the brick-kilns operating in violation of the law in ESZ area......." 3. By order dated 05.03.2025, the Environmental Officer, Incharge, Vitt-6, has passed an order for closure of the petitioner- brick-kiln, also in compliance of the aforesaid order of NGT dated 17.02.2025 in O.A. No. 651 of 2023. 4. Shri Sanjeev Singh, learned counsel for the petitioner submits that the impugned orders have been passed without granting opportunity of hearing to the petitioner. He further submits that the petitioner-Unit is not situated in Eco-Sensitive Zone and therefore, there was no prohibition for running the brick-kiln. 5. Shri Mehul Khare, learned counsel appearing on behalf of U.P. Pollution Control Board submits that the impugned orders have been passed only to give effect to the order of NGT, extracted above. The petitioner is party to the proceedings pending before NGT, therefore, the petitioner should seek appropriate relief from NGT. 6. Pertinent to note that in O.A. No. 651 of 2023 pending before NGT, an order was passed by NGT on 20 December 2024 directing impleadment of the petitioner-brick-kiln and seven other units, which were found to be operating, within Eco-Sensitive Zone area in violation of Ministry of Environment, Forest and Climate Change Notification dated 08.03.2019 as respondent to the said proceedings and notices were issued to them fixing 17.02.2025. The order of NGT records that under the notification aforesaid dated 08.03.2019, "an area to an extent of 1 km uniform around the boundary of Jai Prakash Narayan (Surha Tal), Bird Sanctuary in District Ballia, State of UP was declared as Eco- Sensitive Zone. As per conditions in above notification, prohibited category of commercial activities included brick-kilns and it was provided that setting up of brick-kilns is prohibited as per applicable laws, except as provided otherwise". It is further recorded that in pursuance of judgment of NGT dated 11.01.2024, 2 the Official of Regional Office, UPPCB, Azamgarh inspected the area of ESZ on 04.03.2024 and submitted their inspection report dated 06.03.2024 and it was reported that eight brick-kilns were found operating in area, one amongst them being the petitioner- Unit. It appears that on the next date i.e. 17.02.2025, the NGT again considered the issue and it directed U.P. Pollution Control Board to ensure that no brick-kiln in ESZ operates in violation of laws and it was directed to file affidavit regarding action taken by it in pursuance of the order of NGT. The relevant part of the order of NGT is extracted below: "7. If the brick kilns are operating in the ESZ area then a presumption is attached that mining is also continuing in that area for the supply of raw materials to the brick kilns. 8. Learned counsel for UPPCB seeks two weeks' time to file fresh affidavit of Member Secretary, UPPCB, keeping in view the observations made above. 9. In the meanwhile, the Member Secretary, UPPCB, will ensure that no brick kiln in ESZ operates in violation of the laws and will disclose in the next affidavit the action taken against the brick kilns operating in violation of the law in ESZ area. 10. List on 23.04.2025." 7. The notification dated 8 March 2019 lists the prohibited activities and one amongst the same is 'all new and existing mining (minor and major minerals)'. The NGT vide paragraph-7 has held that in case any brick-kiln is being run in ESZ area then it would imply that mining of soil, a minor mineral, is also taking place in the area which is impermissible. 8. Annnexure-1 to the notification gives boundary of Eco- Sensitive Zone based on Global Positioning System. The identification of the petitioner-brick kiln as a unit operating in Eco-Sensitive Zone was based on inspection of ESZ on 04.03.2024 and report dated 06.03.2024. The petitioner is 3 contending that the petitioner-Unit is situated beyond Eco- Sensitive Zone. The petitioner has already entered appearance before NGT and is contesting the proceedings. The NGT is an expert adjudicatory body and is seized of the controversy. 9. In such view of the matter, we are of the opinion that it would not be proper to draw parallel proceedings. 10. Accordingly, we dispose of the instant petition with liberty to the petitioner to raise all pleas in the pending proceedings before NGT. 11. It is clarified that no observation made herein would prejudice the case of the petitioner before NGT. Order Date :- 21.3.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) 4 Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad