Patna: The Patna High Court on Tuesday issued a notification to the mines and the Department of Geology and the state pollution control Board of the pills that challenged land acquisition for excavation to 1.5 meters in with a brick kiln from the category of mining activities and did not require environmental permits.
The head of the Justice Division of Justice Sanjay Karol and Justice S Kumar considers serious about this problem and also issues notices to the Ministry of Environment, forests, climate change, respondents in this case.
In pills, submitted by Abhay Kumar submitted on June 7 this year, the High Court has been urged to cancel the amendments made by the department and notice council about the reason that they contradict the ministry command where only small mining activities have exceptions and not large.
Commercial exploitation scale far from top land with kilns.
Raushan applicant’s adviser proposed that the department’s notification and the council incorrectly interpreted and was in direct contradictions with the terms of the Ministry notification on March 28, 2020.
The court has also given a very arbitrary state action, it does not make sense and will affect and reduce the quality of the land.
The court was told that on March 28 last year in the background of amendments conducted in mines and minerals (Development and Regulation) of Law, 1957, the Ministry brought notice that stated that activities such as ordinary clay extraction or sand with manual mining, by Potters for Prepare land.
Pot, lights, toys etc.
according to the habit will be excluded from the environmental permit requirements.
Clay extraction or ordinary sand with manual mining, by land tiles makers who prepare Earler tiles, the elimination of sand deposits in agriculture after flooding by farmers, the extraction of sand and the usual earth from the source located on the gram of Panchayat or the work of people in the village will also be released .
On September 14 last year, the department was changed by the rules of 38 Bihar minerals (concessions, illegal mining, transportation and storage amendments), 2019, exercising based on Part 15 of the MMDR law, notifying that the land of brick excavated to a depth of 1.5 meters from the ground.
Levels for kiln bricks will be considered non-mining activities and do not require environmental permits.
On the basis of this department’s notification, the pollution council was notified on October 22 last year told that the cross-country brick kiln did not require an environmental permit if the excavation was carried out to 1.5 meters.
The court has fixed September 7 as the date of listening to this problem again.
HC Notification for Mines Department, Pollution Council
