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  • Order of Hon'ble Supreme Court Dated 27.2.2012 in I.A. No. 12-13 of 2011 in SLP (C) No. 19628-19629 of 2009 in The Matter of Deepak Kumar Etc. Vs State of Haryana and Ors. - Naresh Kadyan

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    Naresh Kadyan
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    The new norms announced by the Union Government regarding the operation of brick kilns across the country has not gone down well with 2,500 brick kilns in the state. The association of the brick kilns has opposed the notification and has announced to go on strike in October. The brick kilns in the district produce over 5.25 lakh bricks daily in the season that remains operative between October and June each year. The notification issued by the Ministry of Environment and Forests of the Government Of India on May 18 states that in order to ensure compliance of the order of the Supreme Court in February this year, it has now been decided that all mining projects of minor minerals, including soil, their renewal and irrespective of the size of the lease would henceforth require a prior environment clearance. The projects, including the minor mineral, with lease are less than five hectares are also required to follow the procedure prescribed under the Environment Impact Assessment (EIA) notification, 2006. A spokesperson of the Rohtak Brick Kiln Owners Association said the brick kilns, which use the soil from the nearby fields had now been asked to procure a NOC from the Ministry of Environment and Forests to carry out the operation besides the procurement of permission from the Department of Mining of the state government. Describing it as a major bottleneck in the work, he said it would encourage the red tapism and the inspector raj as the formalities and the process of seeking the NOC would get longer and difficult and the brick kilns owners could be at the receiving end. He said while the government was expected to simplify the process in order to prop up the manufacturing and trade of such industry, which comes handy to all sections of society and serve the basic need of the construction, including the housing and residential sector, in the state. He said the association was opposed to such a move and would not accept any rule which was draconian in nature and which was likely to hamper the process of manufacturing bricks and as result the owners of the brick kilns were not left with any option than to close down the operation from October when the season of manufacturing would start. It is also claimed that as the lifting or removing of the upper crust of the soil from the fields was helpful for the farming operation, there was hardly any need of the NOC from the Ministry of Environment and Forest and thus the notification was unjustified and required to be withdrawn.

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    Order of Hon'ble Supreme Court dated 27.2.2012 in I.A. no. 12-13 of 2011 in SLP (C) no. 19628-19629 of 2009 in the matter of Deepak Kumar etc. Vs State of Haryana and Ors. - Naresh Kadyan

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    The new norms announced by the Union Government regarding the operation of brick kilns across the country has not gone down well with 2,500 brick kilns in the state. The association of the brick kilns has opposed the notification and has announced to go on strike in October. The brick kilns in the district produce over 5.25 lakh bricks daily in the season that remains operative between October and June each year. The notification issued by the Ministry of Environment and Forests of the Government Of India on May 18 states that in order to ensure compliance of the order of the Supreme Court in February this year, it has now been decided that all mining projects of minor minerals, including soil, their renewal and irrespective of the size of the lease would henceforth require a prior environment clearance. The projects, including the minor mineral, with lease are less than five hectares are also required to follow the procedure prescribed under the Environment Impact Assessment (EIA) notification, 2006. A spokesperson of the Rohtak Brick Kiln Owners Association said the brick kilns, which use the soil from the nearby fields had now been asked to procure a NOC from the Ministry of Environment and Forests to carry out the operation besides the procurement of permission from the Department of Mining of the state government. Describing it as a major bottleneck in the work, he said it would encourage the red tapism and the inspector raj as the formalities and the process of seeking the NOC would get longer and difficult and the brick kilns owners could be at the receiving end. He said while the government was expected to simplify the process in order to prop up the manufacturing and trade of such industry, which comes handy to all sections of society and serve the basic need of the construction, including the housing and residential sector, in the state. He said the association was opposed to such a move and would not accept any rule which was draconian in nature and which was likely to hamper the process of manufacturing bricks and as result the owners of the brick kilns were not left with any option than to close down the operation from October when the season of manufacturing would start. It is also claimed that as the lifting or removing of the upper crust of the soil from the fields was helpful for the farming operation, there was hardly any need of the NOC from the Ministry of Environment and Forest and thus the notification was unjustified and required to be withdrawn.

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    709 views2 pages

    Order of Hon'ble Supreme Court Dated 27.2.2012 in I.A. No. 12-13 of 2011 in SLP (C) No. 19628-19629 of 2009 in The Matter of Deepak Kumar Etc. Vs State of Haryana and Ors. - Naresh Kadyan

    Uploaded by

    Naresh Kadyan
    The new norms announced by the Union Government regarding the operation of brick kilns across the country has not gone down well with 2,500 brick kilns in the state. The association of the brick kilns has opposed the notification and has announced to go on strike in October. The brick kilns in the district produce over 5.25 lakh bricks daily in the season that remains operative between October and June each year. The notification issued by the Ministry of Environment and Forests of the Government Of India on May 18 states that in order to ensure compliance of the order of the Supreme Court in February this year, it has now been decided that all mining projects of minor minerals, including soil, their renewal and irrespective of the size of the lease would henceforth require a prior environment clearance. The projects, including the minor mineral, with lease are less than five hectares are also required to follow the procedure prescribed under the Environment Impact Assessment (EIA) notification, 2006. A spokesperson of the Rohtak Brick Kiln Owners Association said the brick kilns, which use the soil from the nearby fields had now been asked to procure a NOC from the Ministry of Environment and Forests to carry out the operation besides the procurement of permission from the Department of Mining of the state government. Describing it as a major bottleneck in the work, he said it would encourage the red tapism and the inspector raj as the formalities and the process of seeking the NOC would get longer and difficult and the brick kilns owners could be at the receiving end. He said while the government was expected to simplify the process in order to prop up the manufacturing and trade of such industry, which comes handy to all sections of society and serve the basic need of the construction, including the housing and residential sector, in the state. He said the association was opposed to such a move and would not accept any rule which was draconian in nature and which was likely to hamper the process of manufacturing bricks and as result the owners of the brick kilns were not left with any option than to close down the operation from October when the season of manufacturing would start. It is also claimed that as the lifting or removing of the upper crust of the soil from the fields was helpful for the farming operation, there was hardly any need of the NOC from the Ministry of Environment and Forest and thus the notification was unjustified and required to be withdrawn.

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    of 2

    4

    No. L-llOll/47/2011-IA.II(M) Government of India Ministry of Environment I. Forests

    ,,

    Paryavaran Bhavan, e.G.D. Complex, Lodi Road, New Delhi-ll0003. Telefax: 24362434 Dated the 18th May, 2012
    OFFICE MEMORANDUM Sub: Order of Hon'ble Supreme Court dated 27.2.2012 in I.A. no. 1213 of 2011 in SLP (C) no. 19628-19629 of 2009 in the matter of l:Seepak Kumar etc. Vs State of Haryana and Ors. Implementation thereof - Regarding.

    Reference is invited to the above mentioned order of the Hon'ble Supreme Court directing inter-alia as under:
    "We in the meanwhile, order that leases of minor mineral including their renewal for an area of less than 5 ha be granted by the States / UTs only after getting environmental clearance from the MoEF. n

    2. The Environment Impact Assessment (EIA) Notification, 2006, as amended, requires mining projects (new projects, expansion or modernization of existing projects as also at the stage of renewal of mine lease) with lease area of 5 ha and above, irrespective of the mineral (major or minor} to obtain prior environment clearance under the provisions thereof. Mining projects with lease area of 5 ha and above and less than 50 ha are categorized as category 'B' whereas projects with lease area of 50 ha and above are categorized as category 'A'. The category 'A' projects are considered at the central level in the Ministry of Environment & Forests while category 'B' projects are considered by the respective State/UT Level Environment Impact Assessment Authority, notified by MoEF under the EIA Notification, 2006. 3. In order to ensure compliance of the above referred order of the Hon'ble Supreme Court dated 27.2.2012, it has now been decided that all mining projects of minor minerals including their renewal, irrespective of the siz~ of the lease would henceforth require prior environment clearance. Mining projects with lease area up to less than 50 ha including projects of minor mineral with lease area less than 5 ha would be treated as category 'B' as defined in the EIA Notification, 2006 and will be considered by the respective SEIAAs notified by MoEF and following the procedure prescribed under EIA Notification, 2006. 4. Further, the Hon'ble Supreme Court in its order dated 16.4.2012 in the above mentioned matter and the linked applications has observEid as under: "All the same, liberty is granted to the applicants before us to approach the Ministry of Environment and Forests for permission to carry on mining below five hectares and in the event of which Ministry will dispose of all the applications within ten days from the date of receipt of the applications in accordance with law,"

    -2-

    Accordingly, the respective SEIAAs in dealing with the applications of the applicants referred to in the above mentioned order shall ensure that the directions of the Hon'ble Supreme Court are effectively complied with and the applications of such ~ applicants are disposed of within the time limit prescribed by the Hon'ble Court in . accordance with law. This issues with the approval of the Competent Authority.

    ~.~ Director
    To

    1.

    2.

    3.
    4.

    5.

    The Secretary, Ministry of Mines, Shastri Bhawan, New Delhi. The Chief Secretaries of ali the States / lJrs Chairpersons / Member Secretaries of ali the SEIAAs/SEACs Chairman, CPCB Chairpersons / Member Secretaries of ali SPCBs / lJrPCCs

    Copy'to:1. 2.

    3. 4. 5. 6.

    PS to MEF PPS to Secretary (E&F) PPS to JS(RG) All the Officers of IA Division WebSite, MoEF Guard File

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