Excelsior Correspondent
Srinagar, Oct 25: High Court today directed that no brick kiln around Srinagar airport should be allowed to operate between November and March for improving visibility at the airport.
The Division Bench of Chief Justice Pankaj Mithal and Justice V C Koul directed the authorities to keep a constant vigil on the brick kilns around the airport so as they may not violate the terms and conditions of the license or the undertaking failing which appropriate legal action shall immediately be taken against them.
Court, however, observed that the brick kiln owners may be permitted to operate their brick kilns within the prohibited area (8 kms from runway) provided they possess a valid license which stand renewed for the relevant period.
Court also clarified that they be permitted to operate the kilns 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.
“We do not deem necessary to continue with the PIL any further and direct it to be consigned to records with liberty to 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”, DB directed.
It is in upgrading the system at the Srinagar Airport on the direction of court, 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 said brick kilns.
It was informed to the court that in view of the technical requirement of the Air Force no brick kiln can operate within 8 kilometers radius from the central point of the runway and, therefore, the direction for relocation of the brick kilns was reiterated.
Later on in accordance with the stipulations contained in (Manual of Air Traffic Service) Specific directions were issued by the Court on to ensure that no brick kiln is permitted to operate within 8 Kilometers from the centre of the runway of the Srinagar Airport.
Subsequently the direction was modified as it amounted to a complete ban on operating the brick kilns in the vicinity of the airport and directions were issued that no brick kiln would be permitted to operate their furnace or undertake any activity whereby smoke is generated in any manner whatsoever within 8 kilometers from the centre of the runway of the Srinagar Airport and the brick kiln owners were permitted to run their business otherwise than by using smoke generating activities.
The authorities apprised the court that the Srinagar Airport has been upgraded to a maximum level and all systems necessary have been installed as approved by the Air Force. “It may be noted that Srinagar Airport is not a civilian airport but a defense airport and, therefore, its up-gradation and development is dependent upon the requirement of the defense forces and the civilian activity on the airport cannot be allowed to interfere with or obstruct the defense activity at the airport”, DB recorded.
It has also been stated before the court that most of the brick kilns are not located within the 8 kilometers prohibited radius and that no exercise in this regard so as to find out their exact distance from the airport has been undertaken but even then they are not being allowed to run the brick kiln.
Moreover, some brick kiln owners have expressed intention to use zig zag technology for running the brick kilns which is a new technology in use throughout the country which does not cause any problem of smoke and that many of them are using imported coal which also does not emit smoke causing any visibility problem.
Court noted that the brick kiln owners have to obtain a license for running the brick kiln from a competent authority after obtaining necessary objections from the various departments and made it clear that no brick kiln can be allowed to run until and unless there is a valid license.
The brick kiln owners, court directed, also prepare to give an undertaking 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.
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