LI Network
Published on: October 13, 2023 at 13:42 IST
The National Green Tribunal (NGT) has instructed the Uttar Pradesh government to provide a response to a petition challenging its circular that exempts brick kilns involved in mining or excavation up to a depth of two meters from the requirement of environmental clearance.
The state government issued a circular on May 1, 2020, offering this exemption to brick kilns and a specific pottery work involving handmade earthen pots.
This circular was questioned for not complying with the Supreme Court’s directives, which mandated Environmental Impact Assessment clearance from the Union Ministry of Environment, Forest and Climate Change.
The Supreme Court’s directive from 2012 applied to minor mineral mining projects leased for areas less than or equal to five hectares. Following this directive, the Union Environment Ministry issued a notification in January 2016, making environmental clearance mandatory, as mentioned in the petition.
A bench comprising Chairperson Justice Prakash Shrivastava and Expert Member A Senthil Vel pointed out that the issues raised in the petition involved “substantial questions” regarding compliance with environmental laws.
The bench stated in a recent order, “Respondent No 3, the state of Uttar Pradesh, is directed to file the response on or before the next date of hearing.”
The NGT has also issued notices to the respondents, including the Union Ministry of Environment, Forest and Climate Change and the state of Uttar Pradesh.
The case is scheduled for further proceedings on December 11.
