HC reserves orders on brick kilns near Srinagar Airport as admn takes action

Excelsior Correspondent
SRINAGAR, Oct 23: High Court has reserved judgement on the fate of brick kilns which were functioning and operating within 8 Kms radius from the Centre of run way of the Srinagar International Airport after the court has been apprised about the action has been taken against these kilns by the concerned authorities.
The counsel appearing for Indian Air Force pressed before the court that despite a ban by the court on operation of brick kilns operating within 8 Kms of radius from the centre of the runway of the Srinagar Airport, several brick kilns are still functioning and causing smog which is a hazard in the operation of flights.
Court after these submissions of IAF counsel had directed the Deputy Commissioner, Budgam, to file response to this application clearly stating as to how brick kilns are being allowed to operate within 8 kms of radius from the centre of the runway in spite of clear direction of this court.
The Deputy Commissioner Budgam submitted the details of the action taken by the Tehsil Committees of Budgam before the court and detailed out that 31 such kilns were closed down and FIRs were lodged in the concerned police station of Tehsil Chadoora of district Budgam.
The Division Bench of Chief Justice Pankaj Mithal and Justice V C Koul reserved its orders on these kilns after compliance filed by DC Budgam. In Tehsil B K Pora, DC adds that out of 11 brick kilns, 4 were found non-functional and the chimneys of three of them were already destroyed and FIRs were lodged against 8 owners. “The team sealed the ventilation of the chimneys of all the 3 brick kilns in Tehsil Khansahib and FIRs lodged against them”, DC states.
Court has been informed that District Mineral Officer, Budgam along with the Station House Officer, concerned during their surprise inspection to some of these brick kilns seized several vehicles which were used for transportation of the bricks from these brick kilns.
Apart from that 8 kilns operating within the 8 Kms of radius from the Srinagar International Airport were sealed and the furnaces of these kilns were demolished in order to stop their further operation.
Further 41 kilns were found violating the orders repeatedly with names of their owners as their licenses expired and have also failed to produce Environmental Clearance from Department of Environment & Remote Sensing and consent to NOC of PCB in terms of J&K Brick Regulation Act 2010 required for renewal of their licenses.
On the directions of Court DC was also directed to submit a list of all such brick kilns with names of their owners so that, if necessary, they may also be given appropriate notice and directed to close down the brick kilns and in compliance of these direction DC Budgam submitted the list of violators.
The application was specifically filed against the illegal running of the brick kiln by a person namely Ashok Kumar, in District Kathua of the Jammu province. Since a PIL was already pending consideration in relation to the brick kiln matters, the application was directed to be registered as an application in the pending PIL.
The other application in connection with the brick kiln of Ashok Kumar, was taken up and the Senior Counsel Rahul Bharti appearing for the applicant Atul Spolia submits that the brick kiln was established illegally in the year 2005 without any permission/ licence from the concerned authorities.