Patna HC issues notices to mines dept, pollution board for exempting top soil quarrying by kilns from mining category

PATNA: The Patna high court on Tuesday issued notices to mines and geology department and state pollution control board over a PIL challenging the exemption of quarrying top soil upto 1.5 metres deep by brick kilns from the category of mining activities and not requiring any environmental clearance.
The division bench Chief Justice Sanjay Karol and Justice S Kumar took the matter seriously and also issued notice to the Union ministry of environment, forest, climate change, a respondent in the case.
In the PIL, filed by Abhay Kumar filed on June 7 this year, high court has been urged to quash amendment made by the department and board notification on grounds that they are contradictory to ministry’s order where only minor mining activities have such exemption and not large-scale commercial exploitation of top soil by kilns.
Petitioner’s counsel Raushan submitted that notifications of department and the board are misinterpretation and are in direct contradiction to the provision of ministry’s notification of March 28, 2020.
Court was also apprised state’s action is highly arbitrary, unreasonable and will affect and degrade top soil quality.
Court was apprised that on March 28 last year in backdrop of amendments made in Mines and Minerals (Development and Regulation) Act, 1957, ministry brought a notification mentioning that activities like extraction of ordinary clay or sand by manual mining, by potters to prepare earthen pots, lamp, toys etc as per customs would be exempted from environmental clearance requirement.
Extraction of ordinary clay or sand by manual mining, by earthen tile makers who prepare earther tiles, removal of sand deposits on agricultural field after flood by farmers, customary extraction of sand and ordinary earth from sources situated in gram panchayat or personal use or community work in village will also be exempted.
On September 14 last year, department amended Rule 38 of Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation and Storage Amendment) Rules, 2019, exercising powers under Section 15 of MMDR Act, notified that quarrying brick soil till 1.5 metres depth from ground level for brick kilns shall be deemed non-mining activity and shall not require environment clearance.
On basis of this departmental notification, pollution board notified on October 22 last year notified that brick kilns across state won’t require any environmental clearance if quarrying is done upto 1.5 meters. Court has fixed September 7 as next date of hearing the matter again.