# Kamalawati v. Kotwal, Rasra, Ballia and others

- **Citation:** (2000) 3 ILRA 131
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2000
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/kamalawati-v-kotwal-rasra-ballia-and-others-39482
- **Pages:** 3

## Text

3All] Kamalawati V. Kotwal, Rasra, Ballia and others
131
 not entitled to appear in back papers
as he has secured less than 36 per cent
marks in 4 out of 5 papers but as a special
case and in order to mitigate the hardship
caused to the appellant, the university will
permit him to appear in the back papers of
M.A. (Previous) examination.

11. In view of the discussion made
above, the special appeal is dismissed and
the judgment and order of the learned
Single Judge is affirmed.

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By the Court

1. Heard learned counsel for the
Petitioner and leaned Standing Counsel on
behalf of the Respondents.

2. Petitioner claiming to be the
Pradhan of the village filed a suit and
certain
interim
order
was
obtained.
Thereafter an application was filed before
the Civil Court complaining breach of the
interim order. These orders are ex parte.

3. Copy of the order sheet has not
been annexed to satisfy this court that all
efforts were taken to serve Defendants in
the said suit.

4. Considering the controversy raised
by the Petitioner, I treat this petition to be
public interest litigation. The grievance of
the Petitioner concerns the entire society at
large particularly the rural population
inasmuch as running of. Brick kiln,
without
ensuring
protection
to
the
environment, ecology and grove, is a
social menace.

5. I regret that this petition has been
filed casually. Petitioner has not even
cared to produce Government Order/s
dealing with the subject. The relief's
sought, if allowed, are bound to seriously
prejudice Respondent Nos. 4,5 and 6.
Petitioner ought to have taken utmost care
to
place
before
this
court
relevant
government
Orders
and
legislative
enactment's,
e.g.
Trees
and
Plant
Protection Act, Necessary Licensing Act
and Forest Corporation Act, Park and
Playground Act, Etc.) This Court takes
judicial notice that right to life includes
right to health, which necessarily means
maintenance of ecology and to check
pollution.
INDIAN LAW REPORTS ALLAHABAD SERIES [2000
132
6. In view of the above, I issue a
general
mandamus
to
all
concerned
authorities, including Chief Secretary,
government of U.P., all the Senior
Superintendent
of
Polices
and
Superintendent of Police Concerned circle
and Station House Officer in the State and
all other concerned authorities like District
Magistrate and Sub Divisional Magistrate
to ensure that no brick-kiln in allowed to
run in breach of the G.O. No. 73/10b-b/133 dated 11th November 1965 (provided it
is still in force) and any other Government
Order dealing with the same subject as on
date. If there is no government Order, the
same may be issued by the government so
as to ensure that groves are not being
damaged by indiscreet running of brickkiln.

7. In this context this Court may refer
to news item published in 'Northern India
Patrika' dated 08th June 2000 under the
title Developing fixed chimneys 'Kiln
owners
seek
further
extension
of
deadline'. The news report is reproduced
in extenso.

"NEW DELHI, June 7 (UNI): The All
India
Brick
and
title
manufacturers
Federation (AIBTMF) has asked the
government to further extend the June 30
deadline
for
brick
kiln
owners
for
developing fixed chimneys as per news
emission norms.

Talking to newspapers here, AIBTMF
vide presidnet R.P. Chandel said a further
extension was necessary as so far only 50
percent of the brick kiln owners had been
able to afford the new chimneys which
required Rs. 10-15 lakh for construction.

As per the new emission norms introduced
in 1997, brick kiolns were required to have
a fixed chimney with a stack height of 2230 metres. They are also required to have
gravitational setting chambers for arresting
the particulate matters.

The government has already extended
the deadline twice, moving it ahead or
more than three years. However, AIBTMF
said if wanted the government to extend it
by two more years.

Though around half of the brick kiln
owners have changed to new norms, the
rest cannot shift to fixed chimneys due to
lack of financial assistance from banks and
housing financial institutions. Thus, if the
government does not extend the deadline,
around 50,000 small and medium size
kilns employing about one crore skilled
and unskilled labour will face closure, he
said.

Mr.
Chandel
said
apart
from
extension of the deadline the industry also
wanted
soft
term
loans
from
the
government.

They
also
demanded
that
the
government set up a Rs. 200 crore brick
kiln modernisation fund, as done for other
industries to enable them to use fly ash and
other waste materials for brick making.

This
would
help
in
usefully
disposing about 60 million tonnes of fly
ash per annum as well as saving precious
top. Soil. But making kilns which use fly
ash needs a total investment of around Rs.
25 lakhs per kiln. This also needs a
research and development centre and thus
we are also asking for a modernisation
fund, Mr. Chandel said."

8. It may be noted that if it is
cumbersome and cause grave hardship for
3All] Dr. Sanjay Kumar Singh V. State of U.P. and others
133
certain brick kiln owners to have
fixed chimneys Government may device
means to help them, but the brick kiln
owners cannot be allowed to run their kilns
at the cost of life and health of people
living in the rural areas and natural wealth
in the shape of precious grove of exquisite
variety of mango, etc. of the country. Brick
kiln owners must ensure observance of
such
restriction
provided
by
the
government in relevant government orders.

9. A writ of mandamus is issued to
Respondent Nos. 1 to 3 in particular to
ensure compliance of relevant Government
Order on the subject, information in this
respect may be provided by the District
Magistrate, Ballia within one week of
receipt of certified copy of this order,
which may by provided to this Court.

10. Writ petition is allowed.

11. A copy of this judgment may be
sent by the Registry to the following for
necessary action:

1.
Chief secretary, Government of U.P.,
Lucknow.
2.
Director Agriculture and horticulture,
Lucknow.
3.
Director General of police, U.P.
Police, Lucknow.

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