Excelsior Correspondent
JAMMU, Nov 22: State High Court today restrained State Pollution Control Board (SPCB) from acting upon the closure notices issued to the brick kilns till State Environmental Impact Assessment Authority and State Expert Appraisal Committee are framed to enable the brick kiln operators to obtain requisite clearance certificates.
The direction was passed in a petition filed by Nirman Udyog and Others, M/s Raizada Brick Kiln and Others and Mehta Brick Kiln and Others challenging the notice dated July 10, 2014 issued by the Member Secretary, State Pollution Control Board where under it was impressed upon all the brick kiln owners of the State that environmental clearance for mining of the brick earth was mandatory.
While issuing this notice, the Member Secretary, PCB had made reference to the judgment of the Apex Court rendered in Deepak Kumar Versus State and Others and order dated April 17, 2014 passed by National Green Tribunal in case of Ravinder Kumar Sharma Versus State of J&K.
“The brick kiln owners have been called upon to obtain environmental clearance from State Environmental Impact Assessment Authority within a period of 45 days from publication of the notice failing which closure of operation of the commercial brick earth excavation and linked kiln operation shall be ordered”, submitted Advocate W S Nargal appearing for the petitioners.
“There can be no substitute for compliance of the directions of the Apex Court and the directions as have been issued by National Green Tribunal dated April 17, 2014 but the position as projected is that the judgment has not been complied with by the respondent authorities”, Advocate Nargal said.
Firstly, the respondent authorities were required to frame rules in accordance with Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957. Secondly, State Environment Impact Assessment Authority was to be constituted and then State Expert Appraisal Committee was to be constituted.
“Such committees had been constituted in anticipation of framing of the rules but these committees were not re-constituted after expiry of their terms as is clear from the communication bearing No.SEIAA/MS/2014-453-58 dated July 16, 2014 addressed to the Secretary to Government, Forest Department by Member Secretary, Pollution Control Board”, Advocate Nargal further submitted.
The counsel for the petitioners apprised the High Court that as on date, neither SEIAA nor SEAC is in existence as the same have not been constituted after expiry of earlier terms as such the notice issued by the Member Secretary PCB is incompetent.
“When State Environment Impact Assessment Authority is not in place where from the brick kiln owners can obtain the certificate”, he argued, adding “the petitioners are ready to do whatever is required provided Forum is made available”.
After considering the submissions as well as records as made available, Justice Mohammad Yaqoob Mir directed that the notice impugned providing for closure of units for non-production of environmental clearance certificate shall not be acted upon unless SEIAA and SEAC are constituted so as to enable the petitioners to obtain the requisite clearance.
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