NGT Seeks UP Govt Response Over Environmental Clearance Exemption for Brick Kilns

The National Green Tribunal (NGT) has directed the Uttar Pradesh government to submit a response to a petition that questions its circular, which grants an exemption to brick kilns and certain pottery work (handmade earthen pots) from requiring environmental clearance for mining or excavation up to two meters.

This circular, dated May 1, 2020, is under scrutiny for not aligning with the Supreme Court’s directives, which mandate Environmental Impact Assessment clearance from the Union Ministry of Environment, Forest and Climate Change.

The Supreme Court’s 2012 directive specifically applied to minor mineral mining projects leased for areas less than or equal to five hectares. In accordance with the Supreme Court’s guidance, the Union Environment Ministry issued a notification in January 2016, making environmental clearance compulsory, as noted in the petition.

A bench comprising Chairperson Justice Prakash Shrivastava and Expert Member A Senthil Vel acknowledged that the matter raised in the petition raises a “substantial question” concerning compliance with environmental laws.

“Respondent No 3, state of Uttar Pradesh, is directed to file the response on or before the next date of hearing,” the bench said in a recent order.

The National Green Tribunal has also issued notices to other 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. The petition, filed by Advocate Gaurav Kumar Bansal on behalf of an environmental activist, argues that the exemption granted to the kilns contradicts the ministry’s notification and environmental laws.