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HC provides interim respite to brick kilns, stays SPCB order 11/27/2014 11:03:59 PM Early Times Report Jammu, Nov 27: Jammu and Kashmir High Court today stayed the order of the State Pollution Control Board (SPCB) on brick kilns operational in the state till committee of State Environment Impact Assessment Authority ( SEIAA) and State Expert Apprisal Committee (SEAC) are constituted. High Court brought interim solace to the M/S New Trikuata Brick Klin and others by putting the SPCB order on hold. The court issued interim order after a case in this connection was filed by a cluster of Brick Kiln owners of Udhampur through lawyers M/S HimanshBeotra and HimanshuMahajan. The brick kiln owners knocked the door of the court after the SPCB issued notice for closure of the brick kilns in the wake of Supreme Court's direction in case titled Deepak Kumar etc v/s State of Haryana and ors, coupled with the National Green Tribunal order in case titled Ravinder Kumar Sharma v/s State of Jammu and Kashmir and others. The lawyers apprised court that the notification which is impugned in the present petition was issued by the State Pollution Control Board in hasty manner and was in contravention to the mandate and spirit of directions passed by the Supreme Court in lieu of the fact that the notification should have been issued after the framing the rules by the State Government under section 15 of the Mines and Minerals Act, 1957, taking into consideration the recommendations of the Ministry of Environment and Forest of March 2010 and the model guidelines framed by the ministry of Mines ,Govt of India and also after the constitution of legally valid State Environment Impact Assessment Authority (SEIAA). The State Government was under a legal obligation to have framed the rules under section 15 of the mines and Minerals ( Development and Regulation) Act, 1957 taking into consideration the recommendations of the MoFE in its report of March 2010 and the model guidelines framed by the Ministry of Mines, Govt of India and subsequently, the SEIAA was required to be constituted and finally the notice for seeking environment clearance in consonance with the rules so framed was required to be published by the State Environment Impact Assessment Authority but the entire process has been thrown to winds. After hearing the counsel, the court in its interim order observed, " Notice impugned dated 10.7.2014 providing for closure of units for non production of environmental clearance certificate shall not be acted upon unless the authority, State Environment Impact Assessment Authority (SEIAA) and State Expert Apprisal Committee (SEAC) is constituted so as to enable the petitioner to obtain requisite clearance certificate".   Share This News with Your Friends on Social Network     Comment on this Story

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