HC directs rehab of brick kiln owners

Excelsior Correspondent
Srinagar, Feb 28: The High Court today directed Airport Authority to conduct the disability to access audit of Srinagar Airport and directed the J&K Government to rehabilitate and compensate the brick kilns, which were closed around the airport.
The Division Bench of Chief Justice Gita Mittal and Justice D S Thakur has directed the Government to take up and examine the matter of dislocated brick kilns at the highest level and positively file the view taken on next date before the court.
The Counsel representing the brick kiln holders informed the Court that due to closure of their units, they are at the mercy of the Court as their livelihood has been badly affected. He also submitted the Court that they be permitted to operate at their existing places till Government relocates and rehabilitates them. But the request has been opposed by the Counsel appearing for Indian Air Force by submitting that the units are emitting huge smoke which results into affecting the daily flights at the airport.
Court given the nature of the prayer made in the application filed by the brick kiln owners, which is regarding rehabilitation and consideration for compensation of brick kilns which have to be closed down permanently said it is necessary for the Government of UT of J&K to take a view in this matter and ensure that the matter is examined at the highest level and reply be filed before us before the next date of hearing.
With regard to disability to access audit of the Srinagar Airport, court has been informed that the same is scheduled to be held on 1st April 2020.
“Let the same be done and steps taken in terms of the observation made during the audit”, the DB directed. Court has been informed that the date for conducting disability audit could not be finalized by M/s Nipman Foundation. Now the same would be done on fixed date.
Court has been informed that insofar as the complete prohibition imposed on the brick kiln to operate is concerned, the same is causing grave hardship to the brick kiln owners. It is submitted that the objection to the working of the owners of the brick kiln near the Airport is premised on account of smoke which is generated by the running of the furnaces and no prejudice would be caused and there would be no hindrance to flying operations from the Airport if the brick kiln owners are permitted to procure the raw materials and carry out their functions other than running the furnaces or undertaking any other action which would generate smoke.
On these submissions, the earlier court directions have been modified and it has been directed that the respondents shall ensure that no brick kiln is permitted to operate their furnace or undertake any activity whereby smoke is generated in any manner whatsoever, within 8 Kms from the centre of the runway of the Srinagar Airport.
Court has also clarified that the brick kiln owners may undertake such other activities as are necessary for their business other than the smoke generating activities. “The respondents shall take immediate action to ensure that no un-registered brick kiln owner is permitted to undertake any kind of activity whatsoever”, the court directed.

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