Excelsior Correspondent
JAMMU, Aug 1: Division Bench of State High Court comprising Justice Alok Aradhe and Justice Sanjeev Kumar today directed Commissioner/ Secretary, Environment and Forest, Divisional Commissioners and Deputy Commissioners of Jammu, Samba and Kathua to file preliminary objections/reply to the Public Interest Litigation (PIL) highlighting degradation of environment due to brick kilns.
In the PIL, which is based on the news-item carried by EXCELSIOR, it has been submitted that in order to address the environmental and hydrological concerns, the Union Ministry of Environment and Forests issued a notification dated 14.09.06 providing for prior environment clearance before mining activities were taken up for running the brick kilns.
However, some of the State in order to circumvent the notification started permitting excavation of minor minerals in the extent less than 5 hectares. However, when the matter was taken up to the Apex Court all the States were directed 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.
The issue even came up before the National Green Tribunal, which vide its order dated 14.01.15 held that directions issued in Deepak Kumar Vs State of Haryana shall continue to be applied for minor minerals including the brick earth whatever may be the extent of the area.
Consequent upon the orders of the Apex Court and National Green Tribunal the State Government issued two notifications dated 15.01.16 and dated 20.01.16 for creation of District Environment Impact Assessment Authority And District Level Expert Appraisal Committee.
Accordingly, notices were issued to brick kilns in the month of December 2016. However, the brick kilns owners have not responded to these notices due to political patronage.
Trending Now
E-Paper
Follow our WhatsApp channel