Excelsior Correspondent
Srinagar, May 6: High Court today refused to reduce and modify the period of closure and ban on operation of brick kilns in winter months around the Srinagar Airport.
The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Dhar in this connection dismissed an application moved by the Kashmir Brick Kiln Manufacturers Association seeking modification of closure period of brick kilns due to various reasons including altered weather conditions in the valley.
It is noted that the High Court in the year 2021 while dealing with a PIL with regard to hardships faced by the travelers by air from outside to Kashmir and back from the valley had directed for complete ban on operation of brick kilns from 1st of November every year till 31st of March next year.
During upgrading the system at the Srinagar Airport, it was noticed that smoke from brick kilns located ahead of runway 31 is one of the factors for the low visibility during the months from October to March. Accordingly, directions were issued to the Divisional Commissioner, Kashmir, and the Deputy Commissioner, Budgam, to take appropriate steps for relocation of the brick kilns.
Later on in accordance with the stipulations contained in Manual of Air Traffic Service, specific directions were issued by the Court to ensure that no brick kiln is permitted to operate within 8 Kilometers from the centre of the runway of the Srinagar Airport.
In this regard the court had also sought an undertaking from the brick kiln owners that they will not operate the brick kilns in the winter months starting from 1st of November every year till 31st of March next year.
The PIL was disposed off with directions that the brick kiln owners may be permitted to operate their brick kilns within the prohibited area provided they possess a valid licence which stand renewed for the relevant period subject to their furnishing an undertaking on affidavit that they shall use furnaces which will not cause smoke hazard such as oil fired/ electrical furnaces or those which are run on fuel which do not emit smoke and further that they would not operate their brick kiln during the winter season from 1st November every year to 31st March next year.
Other direction in the said order was that the authorities are at liberty to keep a constant vigil upon the brick kilns so as they may not violate the terms and conditions of the licence or the undertaking failing which appropriate legal action shall immediately be taken against them.
It was also left open for the authorities to take up individual cases of violation of the terms and licence and the undertaking by the brick kiln owners separately and with liberty to the public at large to get the matter reopened if the authorities fail to upgrade and update the Srinagar Airport as may be necessary in future.
The Brick Kiln Association now moved an application seeking recall of order passed in the 2021 on the ground that due to change in weather pattern in the Kashmir Valley, the direction regarding closure of kilns from 1st November to March 31 of the judgment needs to be modified.
The court while dismissing the application for modifying the closure time said, the applicants have not placed on record any data to show the change in weather pattern in the Kashmir Valley particularly in the area where the brick kilns of the applicants are installed. “Rather the data placed on record by the respondents speaks to the contrary. From the aforesaid reasons, we do not find any merit in the application and the same is, accordingly, dismissed”, DB said.
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