- (1.) The issue, which has been raised in this petition filed in public interest, relates to the enforcement of the requirement of obtaining an environment clearance certificate from the State Environment Impact Assessment Authority (SEIAA) in terms of the Environment Impact Assessment (EIA) Notification 2006 of the Union Ministry of Environment and Forest (MoEF).
(2.) On 24 June 2013 an Office Memorandum (OM) has been issued by the MoEF. The OM was issued after the MoEF constituted an Expert Committee under the Chairpersonship of the Director, National Environmental Engineering Research Institute (NEERI). After the recommendations of the Committee were examined, the following directions have been issued: "(a) The activities of borrowing/excavation of ''brick earth' and ''ordinary earth', upto an area less than 5 ha, may be categorized under ''B2' category subject to the following guidelines in terms of the provisions under ''7.1 Stage (1)-Screening' of EIA Notification, 2006: (i) The activity associated with borrowing/excavation of ''brick earth' and ''ordinary earth' for the purpose of brick manufacturing, construction of roads, embankments etc. shall not involve blasting. (ii) The borrowing/excavation activity shall be restricted to a maximum depth of 2 m below general ground level at the site. (iii) The borrowing/excavation activity shall be restricted to 2 m above the ground water table at the site. (iv) The borrowing/excavation activity shall not alter the natural drainage pattern of the area. (v) The borrowed/excavated pit shall be restored by the project proponent for useful purpose(s). (vi) Appropriate fencing all around the borrowed/excavated pit shall be made to prevent any mishap. (vii) Measures shall be taken to prevent dust emission by covering of borrowed/excavated earth during transportation. (viii) Safeguards shall be adopted against health risks on account of breeding of vectors in the water bodies created due to borrowing/excavation of earth. (ix) Workers/labourers shall be provided with facilities for drinking water and sanitation. (x) A berm shall be left from the boundary of adjoining field having a width equal to at least half the depth depth of proposed excavation. (xi) A minimum distance of 15 m from any civil structure shall be kept from the periphery of any excavation area. (xii) The concerned SEIAA while considering granting environmental clearance for such activity for brick earth/ordinary earth will prescribe the guidelines as stated at (i) to (xi) above and specify that the clearance so granted shall be liable to be cancelled in case of any violation of above guidelines. (b) Notwithstanding what has been stated at (a) above, the following will apply:- (i) No borrowing of earth/excavation of 'brick earth' or 'ordinary earth' shall be permitted in case the area of borrowing/excavation is within 1 km of boundary of national parks and wild life sanctuaries. (ii) In case the area of borrowing/excavation is likely to result into a cluster situation i.e. if the periphery of one borrow area is less than 500 m from the periphery of another borrow area and the total borrow area equals or exceeds 5 ha, the activity shall become Category 'B1' Project under the EIA Notification, 2006. In such a case, mining operations in any of the borrow areas in the cluster will be allowed only if the environmental clearance has been obtained in respect of the cluster."
(3.) In these proceedings, the following reliefs have been sought: (i) A direction to the State Pollution Control Board not to allow brick kilns to operate without first obtaining requisite clearances including an environment clearance; (ii) A direction to the State Pollution Control Board not to grant consent or no objection to the operation of brick kilns in the absence of a prior environment clearance; and (iii) A direction to the State Pollution Control Board to conduct a survey of all the brick kilns operating in the State and to ensure strict action against those found to be operating without obtaining an environment clearance.;