*NGT, MoEF directions being violated with impunity
Mohinder Verma
JAMMU, May 8: Political pressure is creating hurdles in initiating action against the brick kilns, which have been operating in different parts of Jammu and Kashmir in blatant violation of the directions issued by the National Green Tribunal and Union Ministry of Environment and Forest. Due to this, these brick kilns have been contributing to the environmental degradation right under the nose of the concerned authorities of the State administration.
Official sources told EXCELSIOR that earlier the licenses of the brick kilns were being renewed on the basis of No-Objection Certificates (NOCs) from Jammu and Kashmir Pollution Control Board, Commercial Taxes Department, Geology and Mining Department and Power Development Department.
However, keeping in view adverse impact of activities of brick kilns on the environment the National Green Tribunal made proper Mining Plan mandatory with the direction that licenses of brick kilns shall be renewed only after grant of environmental clearance to all the activities associated with quarrying and excavation of minor minerals.
Accordingly, the Union Ministry of Environment and Forest (MoEF) vide its Notification No.190 (E) dated January 20, 2016 and OM dated March 15, 2016 read with Notification No. SO 141(E) dated January 15, 2016 mandated the setting up of District Expert Appraisal Committee (DEAC) and District Environment Impact Assessment Authority (DEIAA) for the purpose of processing and granting environmental clearance to all activities associated with quarrying and excavation of minor minerals.
It was specially mentioned in these notifications that environment clearance by District Environment Impact Assessment Authority shall henceforth be a pre-requisite for obtaining renewal of brick kiln licenses.
As per the notifications of MoEF, District Magistrate is the Chairman of the District Environment Impact Assessment Authority (DEIAA) and its mandate is to accord environmental clearance within 45 days of receipt of recommendations from District Expert Appraisal Committee (DEAC), which shall meet at least once every month.
In compliance to the directions of National Green Tribunal and MoEF, in some districts particularly in Jammu where the number of brick kilns is maximum as compared to other districts of the State, notices were issued in the month of December last year whereby all the brick kiln license holders were directed to apply before District Expert Appraisal Committees failing which action as under rules shall be initiated.
“Through these notices the brick kiln license holders were conveyed that it shall be mandatory for them to seek renewal of their licenses in terms of both the Jammu and Kashmir Brick Kiln Regulation Act and notifications of Union Ministry of Environment and Forest”, sources said.
However, none of the brick kiln license holders approached the District Expert Appraisal Committees within the stipulated time-frame in blatant violation of notice of the District Magistrates as well as notifications of MoEF. Thereafter, in certain districts fresh notices were issued and it was categorically stated that non-renewal of licenses has rendered brick kilns unauthorised/illegal and further non-compliance would invite action under Section 10 of the J&K Brick Kilns (Regulation) Act, 2010, which provides for revocation/suspension of licenses.
Moreover, the District Magistrates explicitly told the owners of the brick kilns to show cause as to why their brick kiln licenses be not revoked for non-compliance of conditions laid down for renewal of brick kiln licenses as per the provisions of the Act, sources informed.
However, despite lapse of over four months neither the owners of brick kilns have applied for renewal of licenses by submitting proper Mining Plan nor they responded to the show cause notices, sources said while disclosing that it was only due to political patronage that brick kiln license holders have been ignoring the notices of the administration.
According to the sources, the civil administration in some districts was approached by certain politicians asking for not initiating any action against the brick kiln license holders on the ground that Government was considering some measures to provide them relief from the directions of National Green Tribunal and MoEF.
“Due to political pressure the administration has been left with no other option but to watch the blatant violation of MoEF and NGT directions/notifications and subsequent environment degradation as mute spectator”, sources said.
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