Jammu & Kashmir High Court - Srinagar Bench
M/S Golden Brick Industries vs Ut Of J&K And Ors on 6 September, 2024
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 144
Suppl. list
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1553/2024
M/s Golden Brick Industries
..... Appellant/petitioner(s)
Through: -
Ms. Sabeena Naveed, Advocate
V/s
UT of J&K and Ors.
..... Respondent(s)
Through: -
Mr. Mubashir Malik, Dy. AG CORAM:
HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 06.09.2024 The case set up by the petitioner, in the instant petition, is that he is running a Brick Kiln Unit, at Bandgam-Budgam under the name and style of M/S Golden Brick Industries, after having established the same almost 18 years before. The petitioner is stated to have applied to the respondents for a consent certificate which is being issued by the respondents on yearly basis.
The respondents rejected the application of the petitioner for issuance of consent certificate by mistakenly treating the application of the petitioner for establishment of new Brick Kiln Unit. Subsequently, the respondents issued an order bearing No. 364 JKPCC of 2024 dated 01.03.2024 (impugned herein), by virtue of which the Brick Kiln Unit of the petitioner was directed to be closed immediately.
Aggrieved of the impugned order supra the petitioner challenges the same inter alia on the grounds that the respondents have wrongly considered Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document the application of the petitioner for establishment of a new Brick Kiln Unit, while as the same was in operation for almost 18 years having been registered as such in the year 2014; the Unit of the petitioner neither comes within the purview of the directions issued by the National Green Tribunal, Delhi in case titled Syed Reyaz Vs. UT of J&K, nor within the radius of 8 Kms from International Airport, Srinagar.
Heard learned counsel for the parties, perused the impugned order, the material made available and considered the submissions made.
The submission of the learned counsel for the petitioner at the outset was that the matter being similar to the one raised in LPA No. 39/2024, wherein the Division Bench of this Court in terms of order dated 26.02.2024, had shown indulgence, deserves to be given the same treatment. Learned counsel submits that the impugned order is not inconsistence, therefore, deserves to be quashed.
The learned counsel for the respondents on the other hand submits that every Brick Kiln Unit is supposed to operate within the framework of law applicable and any deviation thereof will call for a legal action. He submits that the petitioner's Unit has failed to comply with the prescribed norms, therefore, has been proceeded against and the impugned order in that view of the matter being in consonance with law does not call for any interference from the Court.
The perusal of the impugned order reveals that the same has been issued by the respondent No. 2, after taking note of the fact that the petitioner's Unit is operating in violation of Section 25/26 and Section 21 of Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1991, and the petitioner having failed to respond to the notices sent in this behalf, entails action.
It does not transpire as to how the averments in respect of the Unit being in operation 8 Kms away from the Srinagar International Airport and the directions of the NGT, New Delhi concern the petitioner. The impugned order is axiomatic, it is passed for non-compliance of the provisions of Pollution Control Acts that too in the year 2023. It would be profitable to reproduce the impugned order herein:-
" Order No:364 JKPCC of 2024
Dated 01/03/2024
Whereas, no activity having bearing on environment can be taken in hand without prior consent of Pollution Control Committee, warranted under Section 25/26 and Section 21 of the water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act, 1981 respectively.
Whereas, Brick Kiln is categorized as Orange Category activity on the basis of pollution potential, for the purpose of seeking the consent from the JKPCC Whereas, Hon'ble National Green Tribunal in its order dated 02.02.2023, in OA No. 594/2022 titled Syed Reyaz Vs. Union Territory of J&K and Ors., directed to close down the Brick Kilns operating without consent from the Pollution Control Committee.
Whereas, Shri Mohammad Ayoub Bhat has set up and put in operation a Brick Kiln under the name and style of M/s Golden Brick Kiln, Bandgam-Budgam in flagrant violation of above said requirements of law without obtaining consent from the J&K Pollution Control Committee so far and operation of the Brick Kiln with present status can prove detrimental to human health and environment.
Whereas, fresh inspection was carried out by the Divisional Officer, Pollution Control Committee, Budgam, revealing that the status of the Brick Kiln remained unchanged. Regional Director, Pollution Control Committee, Kashmir vide letter No. PCC/RDK/L.S/2024/13-14 dated 17.02.2024, confirmed the inspection report of Divisional Officer, PCC Budgam and accordingly recommended it for closure.
Whereas, the Brick Kiln in question cannot be allowed to operate with above status as the operation can prove detrimental for human health and environment besides being in flagrant violation of laws governing environmental protection.
Now therefore in exercise of powers vested in the J&K Pollution Control Committee under Section 33(A) of Water (Prevention and Control of Pollution) Act, 1974, and Section 31(A) of the AIR (Protection and Control of Pollution) Act, 1981, the following directions are hereby issued.
(i) Deputy Commissioner/District Magistrate, Budgam is directed to close down the Brick Kiln of Shri Mohammad Ayoub Bhat under the name and style of M/s Golden Brick Kiln, Bandgam-Budgam immediately.
(ii) Director Industries & Commerce, Kashmir is directed to deregistered the Brick Kiln, if registered.
(iii) Executive Engineer, (KPDCL) Electric Division, Budgam, is directed to disconnect the electric supply to above said Brick Kiln immediately.
Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document(iv) Executive Engineer, PHE, Budgam, is directed to disconnect the water supply to the above said Brick Kiln immediately.
(v) Shri Mohammad Ayoub Bhat,(prop.) M/s Golden Brick Kiln, Bandgam-
Budgam is directed to cease the operation of the Brick Kiln forthwith.
Sd/-
(Vasu Yadav Chairman"
Since the petitioner's Unit has been established in the year 2014, is stated to be complying with the requisite norms and has been closed without affording opportunity of being heard to the petitioner, therefore, the application of the petitioner deserves to be considered afresh for issuance of consent certificate.
The instant petition, in the above background, is disposed of at this stage with the direction to respondent No. 2, to consider the application submitted by the petitioner for issuance of consent certificate and decide the same by passing a speaking order within a period of four weeks and convey the same to the petitioner.
Disposed of.
(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 06.09.2024 "Mohammad Yasin Dar"
Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document