The judgment of the Jammu & Kashmir and Ladakh High Court upholding the powers of Deputy Commissioners to seize vehicles carrying unlicensed bricks has reaffirmed the constitutional validity of the Jammu and Kashmir Brick Kiln (Regulation) Act, 2010 and Rules of 2017. While the verdict rightly underscores the importance of regulatory discipline and protection of the local economy, it also brings to the fore a more fundamental question-why do brick dealers in the Union Territory need to import bricks from neighbouring states in the first place? The answer lies in a combination of economic and regulatory factors. Over the years, the cost of brick production in J&K has steadily risen due to higher input costs-coal, labour, and transportation-coupled with stringent environmental norms and periodic restrictions on clay excavation. The process of obtaining licences and clearances for operating brick kilns has also become increasingly cumbersome, discouraging many small and medium operators. In contrast, neighbouring states like Punjab and Himachal Pradesh have comparatively relaxed operational conditions, lower production costs, and greater economies of scale. Naturally, importing bricks from the neighbouring states becomes a more profitable proposition for dealers, who can enjoy higher margins while offering competitive prices in the local market.
However, such unregulated imports come at a steep cost. They undermine local kiln owners who operate within a stricter regulatory framework, pay environmental levies, and employ local labour. Over time, unchecked imports could cripple the domestic brick manufacturing ecosystem, leading to job losses and reduced tax revenues for the Union Territory. That said, the concerns of scarcity and high brick prices in the local market cannot be ignored. Merely enforcing regulation without addressing underlying cost inefficiencies will only push up construction costs, affecting both private builders and government infrastructure projects.
If the licensing norms or environmental clearances in J&K are indeed more stringent than in neighbouring states, the matter must be represented constructively before the democratically elected government now in place. Regulation should not stifle genuine enterprise; it should promote fair competition and sustainability. The government must therefore strike a balance-protecting local industry from unfair competition while ensuring consumers are not burdened with inflated prices. The High Court’s verdict is a necessary corrective, but the larger challenges remain.
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