STATE TIMES NEWS
JAMMU: Division Bench (DB) of State High Court comprising Justice Alok Aradhe and Justice Sanjeev Kumar on Tuesday directed Commissioner/Secretary, Environment and Forests J&K, Div Comms Jammu/Kashmir, and DCs Jammu, Samba and Kathua to file preliminary objections/reply in a Public Interest Litigation (PIL) regarding degradation of environment by the process of manufacturing bricks by brick kilns within four weeks.
Advocate Aditya Gupta appearing for the PIL has submitted that some State Governments in order to circumvent the notification dated September 14, 2006 issued by the Secretary Ministry of Environment and Forests, Government of India, providing for prior environment clearance before such mining activities were taken up for running the brick kilns started permitting excavation of minor minerals in the extent less than 5 hectares.
“However, when the matter was taken up to the Apex Court in Deepak Kumar verses State of Haryana, the Supreme Court directed the State Governments to immediately frame rules under Minor Mineral and Development Regulation Act and simultaneously held that till then the prior environment clearance would continue to be required for mining area even if it is less than 5 hectares. Consequently, the issue came up for hearing before the National Green Tribunal (NGT) where applications were filed on the ground that by indiscriminate quarrying of brick earth by brick kilns, people living in the area are affected and even if the area of mining operation is less than 5 hectares the quarrying can be done only after obtaining permission.
The applications before the NGT asserted that there were adverse affects of such indiscriminate quarrying. He submitted adding that NGT vide its order dated January 14, 2015 directed to ignore all amendments brought in by State Governments which were against the spirit of directions of Supreme Court and held that directions issued in Deepak Kumar verses State of Haryana shall continue to be applied.
“Consequent upon the orders of the Apex Court in Deepak Kumar case, NGT and requests from State Governments, the respondent No. 1 issued two notifications dated January 15, 2016 and January 20, 2016. The notification number SO 141(E) dated January 15, 2016 has carried out some amendments in the environment impact assessment notification-2006 dated September 14, 2006. The notification dated January 15, 2016 has also provided for creation of District Environment Impact Assessment Authority and District Level Expert Appraisal Committee (DEAC). The DEAC shall screen scope and apprise projects or activity in category B2 projects for mining of minerals of lease area less than and equal to 5 hectares. The notification issued under No. S.O 190(E) dated January 20, 2016 has notified constitution of District Level Environment Impact Assessment Authority for grant of environment clearance for category B2 projects for mining of minor minerals. It is headed by District Magistrate/ District Collector of the District. After constitution of the District Level Authority/ Committee and requirement of environment clearance for every projects with land less than 5 hectares, the notices by the concerned authorities were issued to the brick kilns in the month of December 2016. However, the brick kiln owners have not responded to these notices even after 6 months as per the news item.
