The Jharkhand High Court issued a significant ruling on Monday. It directed all brick kiln operators across the state to secure environmental clearance certificates. These certificates must come from the Jharkhand State Pollution Control Board.
Court Dismisses Petitions from Kiln Owners
A division bench comprising Justices Sujit Narayan Prasad and Arun Kumar Rai delivered this order. They were hearing multiple petitions filed by brick kiln owners from East Singhbhum district. The court dismissed these petitions outright.
The kiln owners had challenged a government directive. This directive made it mandatory for them to obtain environmental clearance certificates. The court upheld the government's position.
Consent to Operate Also Required
Beyond the clearance certificate, the court clarified another requirement. Brick kiln operators must also obtain a consent to operate from the Pollution Control Board. This adds an extra layer of regulatory compliance for the industry.
Mandatory Deposits to District Mineral Foundation Trust
The court introduced a financial obligation for kiln operators. They must deposit a fixed share of their earnings into the District Mineral Foundation Trust (DMFT). This deposit is specifically for the use of soil in brick manufacturing.
The court provided a clear legal rationale for this order. It stated that soil used for making bricks falls under the category of minor minerals. Therefore, it is governed by the Jharkhand Minor Mineral Concession Rules of 2004.
Environmental Impact of Soil Excavation
Judges observed that large-scale soil excavation for brick production takes a toll on the environment. The DMFT was established to compensate for environmental impacts caused by mineral use. The court emphasized that using minerals affects the environment.
Consequently, it is imperative for operators to contribute their due share to the DMFT. This contribution serves as compensation for the environmental damage caused by their activities.
This ruling sets a precedent for environmental accountability in Jharkhand's brick manufacturing sector. It underscores the judiciary's role in enforcing environmental regulations and ensuring sustainable practices.
