Excelsior Correspondent
Srinagar, Sept 6 High Court today directed the Deputy Commissioner Budgam to inform it about the operation of brick kilns within the prohibited area of International Airport Srinagar despite the clear ban by the court.
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.
“We direct the Deputy Commissioner, Budgam, to file response to this application clearly stating as to how brick kilns are being allowed to operate within 08 kms of radius from the centre of the runway in spite of clear direction of this Court,” High Court said.
Court also directed him 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. The instant 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.
He has drawn attention of the court to the various courts whereby it was stated that the brick kiln has been set-up without permission and, therefore, it should stop functioning. The subsequent order directed seizing of the brick kiln and to keep it in superdnama.
Despite that the permission subsequently was granted having expired on 31.03.2015, as per the information furnished under the RTI, the brick kiln is still being run. DB in view of the above, directed the authorities to file response to the application.
Court issued notice to respondent-Kumar for submitting his reply within a month and he has been directed not to run the brick kiln, if his permission/ licence has already expired and has not been renewed.
With regard rehabilitation and consideration for compensation of brick kilns which have to be closed down permanently, Government is under direction to take a view in this matter by examining it at the highest level
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 and strict compliance of this direction was ordered upon the authorities.
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