Environmental clearance is mandatory for brick kiln operations as soil extraction and brick manufacturing cannot be treated separately concerning environmental impacts.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The present writ petition has been filed under Article 226 of the Constitution of India seeking following relief(s):

“For grant of appropriate writ/order/direction from this Hon’ble Court restraining the respondents from directing the petitioners to obtain consent to operate and Environment Clearance from appropriate authority under Rule 34(I) of the Jharkhand Minor Mineral Concession Rules, 2004 which is not applicable in respect of the permit holders;

And

For issuance of a further writ/order/direction from this Hon’ble Court restraining the respondents from asking for payment of DMFT in respect of brick kilns as brick earth being the separate category and does not find place in respect of brick earth;

And

For issuance of appropriate writ/order/direction from this Hon’ble Court under which provisions the Respondents are charging management fee and environmental cess in respect of the brick kilns;”

2. The brief facts of the case as per pleadings made in this writ petition are as under:

i. The petitioners are carrying on manufacture of brick kilns since long at several places in the district of East Singhbhum.

ii. Brick earth is the main ingredient in manufacture of the bricks and it is a seasonal operation which generally operates from the month of November to 1st week of May and after that due to summer and during rainy season, no manufacture of brick is physically possible.

iii. The District Mining Officer, West Singhbhum, Chaibasa had issued a Press Release No. 233182 (West Singhbhum) 2020-21 giving necessary information to the manufacturers of the brick kilns to obtain E.C. (Environmental clearance) and CTO (consent to operate) and thereafter to make any application for grant of permit along with payment of consolidated amount of royalty and other fees.

iv. Similar notices were also issued by the District Mining Officer, East Singhbhum and Seraikella Kharsawan for obtaining CTO and Environment Clearance and payment of DMFT.

v. One of the petitioners had received letter No. 1198, dated 29.12.2020 issued by District Mining Officer, East Singhbhum, Jamshedpur whereby Priya Bricks have been asked to pay DMFT Rs. 17,100/-, Management fees Rs. 2019 and environmental cess Rs. 570/-.

3. Being aggrieved with the aforesaid directions, the petitioners have approached this court by filing the present writ petition.

4. It is evident from the factual aspect that the writ petitioners are claiming that there is no requirement to obtain consent to operate or environment clearance from the appropriate authority under Rule 34(I) of the Jharkhand Minor Mineral Concession Rules, 2004 (hereinafter, referred as Rule,2004). Likewise, the petitioners are also not liable to make payment of DMFT in respect of brick kilns as the brick kilns does not come under the fold of minerals.

Arguments on behalf of the petitioners:

5. Mr. Indrajit Sinha, the learned counsel appearing on behalf of the petitioners has submitted that the issue which has been raised in the present writ petition is with respect to extracting soil from the earth and while doing so there is no requirement to obtain consent from the appropriate authority.

6. He has also submitted that removing soil from the earth is no way creating any adverse impact on the environment and, therefore, obtaining environmental clearance is also not necessary. However, brick kiln certainly requires environmental clearance as well as clearance from the Pollution Control Board as it has adverse impact upon the environment.

7. It has been contended that the respondent authorities have taken the ground in the counter-affidavit that in view of the provisions of Rule 34(1) of Rule 2004, it is mandatory for each lessee/permit holder to follow the provisions for Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974 and Environmental (Cons