Activists flag lack of process for brick kiln environmental clearances in UP, seek clear mechanism

Activists have alleged that the Uttar Pradesh government has not put in place any mechanism for brick kiln operators to obtain environmental clearance, even though such approval has been made mandatory through an order issued over three months ago.

The state government, through a notification dated 16 December 2025, required prior environmental clearance for minor mining activities such as clay extraction used in brick kilns. However, activists say there is no system — either online or offline — for operators to apply for such approvals.

The mining department did not respond to queries on the issue.

PIL filed in High Court

Advocate Rajeev Kumar Bajpai, who has filed a petition before the Lucknow Bench of the Allahabad High Court, said the state has not operationalised the process despite making it mandatory.

He pointed out that earlier exemptions allowed manual digging of soil up to two metres without clearance, but those provisions were challenged.

The Patna High Court had struck down a similar exemption in Bihar in March 2024, and the Supreme Court of India later dismissed a challenge to that order.

Following these rulings, the Union environment ministry had advised states to comply, Bajpai said.

No system even after fresh order

Another lawyer, Arvind Kumar Rai, said that even after the December 2025 order making clearance mandatory again, no practical system has been introduced in Uttar Pradesh.

Brick kiln owners said they are already complying with norms set by the State Pollution Control Board related to air and water quality, and also pay regulatory fees to the mining department.

They said they are willing to obtain environmental clearance as well, but only if the process is simple.

“Provided the process is simple and free from middlemen, we have no issues,” an operator said.

Operators also expressed concern that a complicated approval system could lead to harassment and involvement of intermediaries.

Demand for clear framework

Activists and stakeholders have urged the state government to establish a clear, transparent and accessible mechanism for granting environmental clearance.

They said that without such a system, the existing mandate remains ineffective, creating confusion for operators and leaving room for irregularities.

The issue is now before the court, with petitioners seeking directions to ensure compliance and implementation of the environmental clearance requirement.