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2018 DIGILAW 273 (JK)

Raizada Brick Kiln v. State

2018-05-07

ALOK ARADHE, JANAK RAJ KOTWAL

body2018
JUDGMENT : 1. The writ petition is admitted for hearing and with the consent of learned counsel for the parties, the same is taken up for final disposal. 2. In this petition, the petitioners inter alia had prayed for issuance of directions to respondent Nos.2 & 3 to grant renewal of consent to the petitioners to operate the Brick Kilns, as they have been deposited the renewal fees. The petitioners also seek quashing of Communication dated 07.04.2018 issued by respondent No.3, in pursuance of which, respondent Nos.5 to 8 have issued the impugned notices dated 25.04.2018 an d 26.04.2018 by which the petitioners’ Units have been seized in case of failure to obtain NOC’s/consent to operate. 3. Facts giving rise to the filing of the present writ petition briefly stated are that the petitioners are owners of the Brick Kilns and are operating the Brick Kilns for the last more than 30-49 years in the State of Jammu and Kashmir. In pursuance of the orders passed by the Supreme Court in case titled ‘Deepak Kumar etc. vs. State of Haryana & ors.’, the State Government in the year 2014-2015 issued notices to various Brick Kilns including the petitioners herein to obtain environmental clearance certificate. However, the authorities, i.e., State Environment Impact Assessment Authority and State Expert Appraisal Committee, which were required to issue the said environmental clearance, were not constituted by the State Government at that point of time, which led to the filing of the writ petition. Subsequently, the authorities were constituted by the State Government by fulfilling all the requisite formalities for issuance of the environmental clearance. 4. It is the case of the petitioners that the environmental clearance certificate has been granted by the District Expert Appraisal Committee (DEAC) headed by respondent No.4 on 22.03.2018. However, thereafter no action has been taken by the Pollution Control Board for grant of NOC and instead of taking any action for grant of renewal of NOC, the impugned notices have been issued, in pursuance of which, the petitioners’ Units have been closed down. 5. Learned counsel for the petitioners submitted that for the inaction on the part of the respondents, the petitioners cannot be made to suffer. 5. Learned counsel for the petitioners submitted that for the inaction on the part of the respondents, the petitioners cannot be made to suffer. During the course of hearing, learned counsel for the petitioners has produced a copy of the environmental clearance certificate granted to the petitioners on 02.05.2018 and copy of which has also been handed over to Mr. Kapoor, learned Additional Advocate General. It is further submitted that the writ petition be disposed of with the direction to the Pollution Control Board to consider the issue with regard to grant of renewal of NOCs in a time bound manner and till then, the petitioners be permitted to run their Brick Kilns. 6. On the other hand, Mr. Kapoor, learned Additional Advocate General, submits that since the environmental clearance has already been granted to the petitioners vide order dated 02.05.2018, the Pollution Control Board shall consider the cases of the petitioners for grant of renewal of NOCs within such time as may be directed by this Court. 7. We have considered the submissions made by learned counsel for the parties and have perused the record. 8. In the facts and circumstances of the case, we deem it appropriate to dispose of the writ petition with the direction to the Pollution Control Board to consider the cases of the petitioners for grant of renewal of NOCs within a period of one week especially taking into account the fact that the environmental clearance has already been granted to the petitioners and the Units of the petitioners have been closed down. Let the aforesaid decision be taken positively by the Pollution Control Board after affording an opportunity of hearing to the petitioners by a speaking order within a period of one week from the date of receipt of certified copy of the order passed today. 9. Accordingly, the writ petition is disposed of alongwith connected MP. 10. Let copy of this order be supplied to learned counsel for the parties under the seal and Signatures of the Bench Secretary/Reader of this Court.