I think that there are certain guidelines for this also. The interim order of the Supreme Court was intended to operate only until rules are framed by the state government on the basis of MoEF's guidelines and recommendations.
But you know what...However, the court in the session itself held that the 2012 order of the apex court won't be applicable in cases where the area being mined is less than five hectares.
I came to know that the activists had demanded in their petitions that environmental clearance is a must for quarrying operations, including minor minerals, as per an interim order of the Supreme Court in 2012, in Deepak Kumar vs Union of India case.Â
Oh…that's true. The bench of justice held that Government's 2006 notification only contemplated obtaining environmental clearance for new projects or new mining activities.
To be precise...According to the court, in case where quarrying/mining lease which were existing on the date of issuance of notification dated 14/9/2006 or on the date of issue of the order dated 18/5/2012 by the Government of India, Ministry of Environment and Forests with regard to area less than 5 hectares, no environmental clearance with regard to extraction of minor mineral is required.
Exactly…and it is in these batch of petitions that some petitioners had questioned functioning of quarries in their localities whereas some quarry owners too had approached the court seeking police protection.
Yeah..it was recently only that a division bench comprising acting chief justice Ashok Bhushan and justice AM Shaffique considered a batch of petitions, including public interest litigations for making environmental clearance mandatory for operating quarries.
Yeah..but however, the high court said that new quarries would have to obtain such clearance. This means that the new quarries can function without the clearance from the ministry of environment and forests and the new quarries need to get the clearance.
Hey, recently, you know, the Kerala High Court on Monday held that existing quarries in the state don't need environmental clearance from Ministry of Environment and Forests (MoEF) to operate.