A brick kiln needs consent from the State Pollution Control Board, must use cleaner firing technology such as zig-zag firing under the central emission standards, may burn only permitted fuels, and must respect the siting distances your state has laid down from habitation, schools, hospitals, roads and other sensitive places. Those distances are set state by state, so the first job in any complaint is to find the norm that applies. A kiln that breaks any of these rules can be refused consent, fined and closed.
Brick kilns sit on the edge of almost every growing town in north and east India, and the complaints about them are familiar: black smoke during firing, soot on crops and washing, a kiln that seems to have appeared a few hundred metres from a school. This guide explains the rules that apply to kilns, how distance norms work and how to prove a breach of them, and what kiln owners need to stay compliant.
For the wider law on factory smoke and emissions, see our page on factory air pollution complaints, and for the drafting of the complaint itself, how to complain about smoke effectively.
हिंदी में सारांश
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The essentials
Consent is required
A brick kiln needs consent to establish and to operate from the State Board, like any other polluting unit.
Old kilns must change
Central standards require cleaner firing such as zig-zag; straight-line fixed chimney firing is being phased out.
Distances are state rules
Each state fixes how far a kiln must be from habitation, schools, roads and other places.
Fuel is restricted
Burning tyres, plastic, rubber or hazardous waste in a kiln is not allowed.
Prove the distance
A measurement by revenue officials, with a map, is stronger than a guess from the roadside.
Board, SDM, then NGT
The board can refuse consent and close a kiln; the NGT steps in when it does not.
What rules apply to a brick kiln?
A brick kiln is a polluting industry in the eyes of the law, and it is regulated in four ways. First, it needs consent to establish and consent to operate from the State Pollution Control Board under the Air Act, and under the Water Act where it discharges water. Second, it must meet the emission standards for brick kilns in the schedules to the Environment (Protection) Rules 1986, which were tightened by the Central Government to require cleaner firing technology and to restrict the fuels kilns may burn. Third, it must comply with the siting criteria the state has fixed. Fourth, the earth it digs is a minor mineral governed by the state's minor mineral rules.
The emission standards are where most change has happened. Kilns are expected to use zig-zag firing, vertical shaft technology, or gas firing such as piped natural gas, instead of the older straight-line fixed chimney design that produced the classic plume of black smoke. Existing kilns were given time to convert. A kiln still firing in the old way today needs a close look at whether it has valid consent at all.
On fuel, kilns may use only the fuels the standards and their consent allow. Burning used tyres, rubber, plastic, hazardous waste or industrial sludge is not permitted, and it is the single most common reason for the acrid black smoke and smell villagers complain of.
Old and new brick kiln designs compared
Knowing what kind of kiln you are looking at helps you judge whether it is likely to be compliant. A kiln owner will often say the kiln is 'zig-zag' when it is not; the board's inspection settles that.
| Kiln type | How it works | What you see from outside | Status under current rules |
|---|---|---|---|
| Fixed chimney bull's trench kiln (straight-line firing) | Fire moves in a straight line through stacked bricks; natural draught through a tall chimney | Heavy black smoke, especially during fuel feeding | Older design; central standards require conversion to cleaner technology |
| Zig-zag kiln | Bricks stacked so hot gases follow a zig-zag path, giving better combustion; natural or fan-induced draught | Much less visible smoke when operated properly | Accepted cleaner technology |
| Vertical shaft brick kiln | Bricks move down a vertical shaft through a fire zone | Low smoke, compact footprint | Accepted cleaner technology |
| Gas-fired or tunnel kiln | Fired with natural gas or in a continuous tunnel | Very little smoke | Cleanest option; common in organised plants |
How far must a brick kiln be from a village or school?
There is no single national figure; the distance depends on your state. Siting criteria for brick kilns are laid down by the State Pollution Control Board or the state government, usually by notification or in the board's consent guidelines. They typically fix minimum distances from inhabited areas, schools, hospitals, national and state highways, railway lines, rivers and water bodies, orchards, protected monuments or forests, and other kilns. Some states also limit the number of kilns in a cluster. The figures differ widely between states and have changed over time.
That is why we never quote a number until we have the notification in front of us. Ask the State Board under RTI for the siting criteria that applied when the kiln was granted consent, and the criteria in force today. Also ask for the kiln's consent file, which should contain the site plan and the distance declarations the owner made. A false declaration is a strong ground for cancellation of consent.
When Advocate B.K. Singh examines a brick kiln siting dispute, the first thing he settles is which version of the state's criteria governs the kiln and how that version says distance is to be measured: from the kiln's chimney or its boundary, and to the nearest house, the edge of the village abadi, or the school's boundary wall. Many cases are won or lost on that one question, so read the wording before you measure.
Distance norms: what is usually covered and how to check it
This table shows the kinds of places state siting criteria commonly protect. It does not give distances, because they vary by state. Check your state's current notification for the actual figures.
| Protected place | Why it is covered | What to ask for or collect |
|---|---|---|
| Village abadi or residential area | Smoke and dust exposure of households | Revenue map showing the abadi, measurement by the lekhpal or patwari |
| School, anganwadi or hospital | Children, patients and sensitive users | Location on map, letter from the head teacher or medical officer |
| National or state highway, railway line | Visibility and safety from smoke | Distance from the road or track edge, PWD or railway map |
| River, canal, pond or other water body | Earth digging and run-off | Revenue record of the water body, photographs of digging near it |
| Orchards and agricultural land | Soot and dust on fruit and crops | Photographs of affected crops, statements of farmers |
| Other brick kilns | Cumulative pollution in a cluster | Locations of nearby kilns, board's list of consented kilns by RTI |
| Forest, sanctuary or protected monument | Ecological and heritage protection | Forest or ASI boundary maps, distance measurement |
How do I prove a kiln is too close?
Get an official measurement if you can. In most states the lekhpal, patwari or revenue inspector can measure the distance between the kiln and the nearest house or school on the revenue map, and a report from the tehsil carries real weight before the board, the SDM and the NGT. Ask in writing, attach a sketch, and keep the receipt. If the revenue staff will not measure, apply to the SDM or tehsildar asking for a measurement report.
Back it with your own evidence. A satellite image with the distance marked is a useful starting point, though not proof on its own. Photographs taken from the school gate or the last house showing the kiln chimney, with the date and location visible, help. So do the kiln's own declarations in its consent application, which you can get under RTI; if the owner declared a distance that the revenue measurement contradicts, you have a strong ground.
Prove the pollution as well as the distance. Keep a log of firing days and smoke, photograph the chimney during fuel feeding, and record soot on crops, washing and water. If tyres or plastic are being stockpiled for fuel, photograph the pile from a public place. A kiln that is too close and also smoking heavily is a much easier case than one that is only too close.
How to complain against a polluting or wrongly sited brick kiln
Find the kiln's details
Note the kiln's name, the owner if known, the khasra number and village, and when it started. Ask villagers whether it converted to zig-zag.
File an RTI with the State Board
Ask for the kiln's consent to establish and operate, the site plan and distance declarations, the inspection reports, and the siting criteria in force when consent was granted and today.
Get the distance measured
Apply to the lekhpal, patwari or tehsildar for a measurement from the kiln to the nearest house, school or other protected place, as the state's criteria require.
Keep a log during firing
Record firing days, heavy smoke, smell of burning rubber or plastic, and soot on crops or homes, with dated photos and videos.
Lodge a written complaint
Send it to the board's regional office with the RTI reply, distance report and evidence. Ask for an inspection during firing, verification of technology and fuel, and action on siting. Keep the diary number.
Copy the district administration
Send copies to the SDM and DM, and to the district mining officer if earth digging is unlicensed or near a water body. In NCR, also note GRAP restrictions.
Follow up and use the SDM route
Send a reminder after three to four weeks. Where the smoke affects a school or village, apply to the SDM under section 152 BNSS for removal of the nuisance.
Go to the NGT if needed
If the board does not act, file an original application before the NGT bench for your state, attaching the distance report, consent file and complaint trail.
Earth digging, fly ash and the firing season
The clay a kiln burns comes from somewhere, and digging it raises separate legal questions. Brick earth is a minor mineral, so excavation usually needs a permit under the state's minor mineral rules. Whether it also needs environmental clearance depends on the area and on the exemptions in force under the EIA Notification, which have changed over the years. Deep pits dug in farmland or next to a pond, without permission, can be complained about to the district mining officer and the DM; see our page on illegal mining complaints.
Kilns located near coal-based power plants may have obligations to use fly ash in brick-making under the fly ash utilisation rules, so check the current notification if your area has a power plant nearby. Fly ash bricks are also a cleaner alternative many units have moved to.
Most kilns fire during the dry months and stop for the monsoon. That affects your evidence: complaints filed in the monsoon may lead to an inspection that finds the kiln cold. Time your complaint for the firing season. In Delhi NCR, kilns also face restrictions under CAQM directions and the Graded Response Action Plan during bad air periods; see how GRAP stages work.
What happens after a complaint against a brick kiln
A good complaint leads to an inspection by the board's regional office, ideally during firing. The officers check the consent, the kiln design, the fuel stock, the chimney and the surrounding area, and can verify distances from the site plan and on the ground. Where the kiln has not converted to cleaner technology, is burning prohibited fuel, or is within a prohibited distance, the board issues a show-cause notice.
After hearing the owner, the board can refuse or revoke consent, and direct closure or disconnection of electricity under section 31A of the Air Act. It can also levy environmental compensation using the CPCB's formula-based method. In practice, district administrations often help enforce closure of kilns that have no consent, because many kilns draw little grid power, so cutting electricity alone may not stop firing.
Kilns that are wrongly sited but otherwise compliant raise harder questions, especially if they were set up before the current criteria. Whether new siting rules apply to existing kilns depends on how the state's notification is worded; some apply only to new kilns, others require relocation within a period. That is a legal question to settle early, from both sides.
Running a brick kiln: how to stay compliant
Start with technology and consent. If your kiln has not converted to zig-zag or another accepted cleaner design, that is the first priority, and the conversion itself may need a consent amendment. Keep the consent to establish and operate current, renew it before expiry, and make sure the site plan and distance declarations in your file are accurate. A wrong declaration found later is treated far more harshly than an honest application that needed conditions.
Keep fuel clean and documented. Use only the fuels your consent and the standards allow, keep purchase bills, and never accept a load of tyres or plastic, however cheap. Have a permit for the earth you dig and keep pits away from ponds, canals and roads. Cover or wet dusty stockpiles and haul roads, and plant a green belt along the boundary facing the village.
If you receive a show-cause notice, reply within the time, with documents: consent, proof of conversion, fuel bills, photographs of the kiln and a distance measurement of your own if the board's figure is disputed. If the board directs closure, an appeal lies to the NGT within 30 days of communication. Our page on replying to a closure notice explains the process, and consent to establish covers new or relocated kilns.
Papers that matter in a brick kiln dispute
For villagers and residents
- Revenue measurement of distance from the kiln to houses, school or other places
- RTI reply with the kiln's consent, site plan and distance declarations
- The state's siting criteria, past and current
- Dated photos and videos of smoke and fuel stockpiles
- Gram panchayat resolution and school or health centre letters
For kiln owners
- Consent to establish and consent to operate with conditions
- Proof of conversion to zig-zag or other cleaner technology
- Site plan with distances as measured by a surveyor
- Fuel purchase bills and stock register
- Permit for brick earth excavation
A kiln near a primary school
Here's a made-up example. A brick kiln starts firing on farmland just outside a village in eastern Uttar Pradesh. The village primary school is across two fields. During firing, black smoke drifts over the school in the afternoons and teachers report children with coughs and sore eyes. The kiln owner tells the gram pradhan that the kiln has all permissions and is 'more than the required distance' away.
The pradhan files an RTI with UPPCB. The reply shows the kiln's consent to operate expired the previous year, and that in its original application the owner declared a distance to the nearest school well above the state's criterion. The villagers apply to the tehsildar for a measurement; the lekhpal's report, measured as the state's criteria require, puts the kiln well within the prohibited distance. Photographs during firing show stacks of old tyres near the fuel opening.
The villagers' complaint to the regional office attaches the RTI reply, the lekhpal's report, the photographs and a letter from the head teacher, with copies to the SDM. The board inspects during firing, confirms the old straight-line design and the tyre stock, and directs closure; the SDM's office helps enforce it. The owner's later application to restart at the same site is refused because of the distance. No tribunal case is needed, because the measurement and the false declaration left little to argue about.
Before you complain about a brick kiln
- Do you have the kiln's location, khasra number and owner's name if known?
- Have you obtained the state's siting criteria and the kiln's consent file under RTI?
- Do you know how your state's criteria measure distance, and has it been measured that way?
- Do you have a revenue official's measurement report, or at least an application for one?
- Have you logged firing days and smoke with dated photos, including any tyre or plastic fuel?
- Is your complaint timed for the firing season, not the monsoon?
- Have you sent copies to the SDM, and kept every receipt and diary number?
Related guides
Siting rules work in a similar way for stone crushers; see stone crusher siting rules near schools and hospitals. For what the dust numbers in air quality reports mean, read PM10 and PM2.5 standards, and for the emission rules that apply to other furnaces and boilers, see boiler and furnace emission rules. If the matter is heading to the tribunal, see our page on NGT case filing.
Frequently Asked Questions
What is the minimum distance of a brick kiln from a village?
It depends on your state, because siting distances are fixed by each State Board or state government. Get the current criteria and the kiln's consent file from the board under RTI.
Does a brick kiln need pollution board consent?
Yes. A brick kiln needs consent to establish and consent to operate from the State Pollution Control Board, and must meet the central emission standards for kilns.
Are old fixed chimney brick kilns still allowed?
Central standards require kilns to use cleaner technology such as zig-zag firing, vertical shaft or gas firing. A kiln still using straight-line firing should be checked for valid consent.
Can a brick kiln burn tyres or plastic?
No. Kilns may use only the fuels allowed by the standards and their consent; burning tyres, rubber, plastic or hazardous waste is not permitted.
How do I prove a brick kiln is too close to a school?
Ask the lekhpal, patwari or tehsildar for a measurement on the revenue map, following how your state's criteria say distance is measured, and compare it with the kiln's declarations under RTI.
Who do I complain to about a brick kiln?
The regional office of the State Pollution Control Board, with copies to the SDM and DM. Unlicensed earth digging can also be reported to the district mining officer.
Can the SDM close a brick kiln?
The SDM or DM can order removal of a public nuisance under section 152 BNSS after hearing the owner. Closure for lack of consent or siting breaches is ordered by the State Board.
Do new distance rules apply to old kilns?
That depends on the wording of the state's notification. Some criteria apply only to new kilns, others require existing kilns to comply or relocate within a set period.
Can I go to the NGT against a brick kiln?
Yes, if the board does not act on a documented complaint. An application under section 14 of the NGT Act must be filed within six months of the cause of action, extendable by 60 days.
Are brick kilns restricted in Delhi NCR during pollution season?
Yes. In NCR, kilns face CAQM directions and GRAP restrictions during bad air periods, so check the current GRAP schedule.
Does digging clay for bricks need permission?
Usually, yes. Brick earth is a minor mineral needing a permit under state rules, and environmental clearance may also apply depending on area and current exemptions.
About the author
Advocate B.K. Singh, Founder & Principal Advocate, MCA, LL.B., LL.M.
Advocate B.K. Singh has practised for more than twenty years before the Supreme Court, the High Courts and the National Green Tribunal, and leads the environmental practice from offices in Dwarka (New Delhi) and Vaishali (Ghaziabad) with Advocate Sadhna Singh. Read his profile.
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This page gives general information about environmental law as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. Laws, rules, fees and time limits change, so check the current position for your matter before acting.
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