While disposing of the pleas, the NGT bench headed by Justice A S Naidu, who recently retired from the tribunal, also noted that there was controversy regarding whether the units are located within the no-development zone (NDZ) or outside it as claimed by the brick kilns in their application.
"It appears that the consent order for setting up the brick kiln is not available. Therefore, it is not possible for us to appreciate the clauses/conditions imposed. That apart, there is controversy with regard to exact location of the brick kiln(s) i.E. As to whether the same is situated within the NDZ or outside.
"The applicant(s) cannot be permitted to function within the NDZ of Kaziranga National Park in the absence of consent," the bench said.
The brick kilns had moved the NGT seeking review of its February 15, 2012 order restraining grant of fresh approvals to industries or stone-crushing units and renewal of licences of existing ones operating in the NDZ near the park.
The February 15 order had come in a case filed by Assam- based activist Rohit Chaudhary, seeking directions to stop quarrying and stone-crushing units around Kaziranga.
In their appeal seeking permission to operate, the brick kiln owners had claimed they were situated beyond the NDZ and were set up after complying with all the formalities.
This contention was opposed by the Ministry of Forests and Environment (MoEF) and Chaudhary's counsel. (More)
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