Green tribunal asks states, Union Territories to allow brick-earth mining as per environment ministry's guidelines

NOIDA: The National Green Tribunal on Friday issued directions upon all states and UTs to ensure brick kiln owners indulging in brick-earth quarrying must obtain environmental clearances from the Union environment ministry. The tribunal also restrained any person, company or authority from carrying out any such digging activities of brick earth or ordinary earth in contravention of MoEF guidelines.


A four-judge bench of the tribunal headed by Justice P Jyothimani issued these orders after admitting an application filed against the Uttar Pradesh state government, in which it had been alleged that massive brick earth mining was being carried out in the state without obtaining necessary clearances from competent authorities.

The tribunal has directed the chief secretaries of all states and UTs to ensure strict adherence to this order. The tribunal, in issuing these orders, has reinforced directions issued by the Supreme Court in February 2012, wherein it had been made mandatory upon state governments to issue permits or leases for mining ‘minor’ minerals only after getting prior clearance from MoEF.

The petitioner in the case, Chandrapal Singh of Aligarh, has alleged that the UP state government has been allowing indiscriminate digging of brick earth for brick making and ordinary earth for road-making in violation of Supreme Court directions.

Singh has further alleged that the UP state government is yet act upon the February 2012 apex court order, wherein all state governments had been directed to frame their necessary rules for mining of minor minerals. The court had also ordered that leases of minor minerals including their renewal for an area of less than 5 hectares should be granted by state governments only after getting environmental clearance from the MoEF.

The petitioner has alleged that brick earth mining in UP is being carried out in complete violation of MoEF notifications. The MoEF had issued directives to all state governments for extraction of brick earth vide separate notifications issued in May 2012 and June 2013.

The tribunal issued these orders after counsel for the petitioner, Arvind K Rai, brought to its notice that quarrying of brick earth is not only badly affecting underground water recharge but the effects of these huge pits on the water runoff is also adversely impacting water resources and hydrology of villages near the Aligarh region.