Order of the National Green Tribunal regarding exemption from EC to brick kilns and the activities of handmade pots requiring mining upto the depth of 2 meters only, 04/10/2023
Order of the National Green Tribunal in the matter of Arif Kidwai Vs Union of India & Others dated 04/10/2023.
The applicant has questioned the circular dated May 1, 2020 issued by Secretary, Uttar Pradesh giving exemption from Environmental Clearance to the brick kilns and the activities of handmade earthen pots requiring mining upto the depth of 2 meters only. The applicant among other things referred to the judgment of the Supreme Court (Deepak Kumar & Others Vs State of Haryana) wherein there was a direction to all the states/Union Territories that all leases of minor minerals including their renewal for an area of less than 5 hectares could be granted only after getting Environment Impact Assessment (EIA) clearance from the MoEF&CC.
The court was of the opinion that the issue involved substantial questions relating to compliance of environmental law. The state of Uttar Pradesh has been ordered to file a response on the matter before the next date of hearing, December 11, 2023.