New Delhi

Activists have raised concerns over the lack of a clear approval mechanism for brick kiln operators in Uttar Pradesh, despite a government order mandating environmental clearance for such activities.

The December 16, 2025 notification requires prior environmental approval for minor mining activities, including clay extraction used in brick kilns. However, activists say the state has yet to establish any process—online or offline—for operators to apply for these clearances.

The issue is currently before the Allahabad High Court, where a public interest litigation has been filed seeking directions to the state government to operationalise the approval system.

Lawyer Rajeev Kumar Bajpai, who filed the PIL, pointed out that a 2020 exemption granted by the Uttar Pradesh government—allowing manual soil excavation up to two metres without clearance—had effectively removed the requirement for environmental approval. A similar exemption in Bihar was later struck down by the Patna High Court in 2024, with the Supreme Court of India upholding that decision.

Following these rulings, the Union environment ministry advised states to comply, prompting Uttar Pradesh to reintroduce the clearance requirement in December 2025.

Despite this, activists and legal experts say the system remains non-functional even after three months.

Brick kiln operators, meanwhile, said they are already complying with norms set by the State Pollution Control Board and paying regulatory fees. They expressed willingness to obtain additional environmental clearance, provided the process is simple and transparent.

Operators also warned that a complicated system could encourage middlemen and lead to harassment, urging the government to introduce a streamlined, user-friendly mechanism.

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Legal experts suggested that the issue could be resolved by linking operational approvals to environmental clearance while simplifying procedures to ensure compliance without administrative hurdles.