Excelsior Correspondent
Srinagar, March 7: High Court stayed the closure order of various brick kilns in district Kulgam with the direction to the authorities to address their grievance regarding the issuance of ‘consent to operate’.
Justice Mohammad Yousuf Wani kept in abeyance the closure order issued by the Deputy Commissioner Kulgam to various brick kilns directing them to immediately close down their brick kilns units treating them as being operated unauthorizedly and without the requisite ‘consent to operate’.
Since there was no representation on the part of respondent-authorities despite registered notices issued by the court registry to them the court kept their appearance awaited in the ends of justice.
The counsel Syed Reyaz Hussain appearing for the brick kilns submitted before the court that the owners and proprietors of brick kilns units being operated in district Kulgam have completed all the formalities on their part for obtaining ‘consent to operate’ from the Jammu and Kashmir Pollution Control Committee (PCC), but the Committee, on its part, has slept over the matter since years and has not been issuing the requisite ‘consent to operate’.
Instead, the PCC issued orders directing the Deputy Commissioner, Kulgam to immediately close down their brick kiln units treating them as being operated unauthorizedly and without the requisite ‘consent to operate’.
The impugned orders have been forwarded by the Deputy Commissioner Kulgam to the Tehsildars Devsar, Pahloo and Qaimoh for closure of the brick kilns. Advocate Hussain further submitted that the impugned orders have been passed by the respondent-PCC without affording the applicants/petitioners an opportunity of being heard.
The court said that no brick kiln can be allowed to operate without the requisite NOC’s from all the concerned departments especially the ‘consent to operate’ to be obtained from the Pollution Control Committee as the requirement for such consent has a direct bearing on the public health and as contended by the kiln owners that they have already complied with all the formalities regarding issuance of ‘consent to operate’ from the office of respondent-PCC, but, the consideration for issuance of the same in accordance with law is being unnecessarily delayed.
“In the meantime, subject to any vacation/modification upon the consideration of objections/arguments of the other side and till next date of hearing before the Bench, the operation of the impugned orders as mentioned in the prayer clause of the petition along with the consequent communication issued by the Deputy Commissioner, Kulgam shall remain in abeyance”, the court directed
The court further directed the Jammu and Kashmir Pollution Control Committee to address the pending applications of the applicants/petitioners regarding the issuance of ‘consent to operate’ in relation to the subject brick kilns.
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