WP(C) No. 2572/2024 Serial No.08 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 2572/2024 M/S Sam Brick Kiln and Anr. ….. Petitioner(s) Through: - Mr. Irfan Andleeb, Advocate. V/s Union Territory of J&K and others. ….. Respondent(s) Through: - Ms. Rahida Abdullah, A. C. CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER. 05.06.2025. 1. Impugned in the instant petition are the communications bearing No’s. PCC/DO/BUD/505-06 dated 17.08.2023 and JKPCC/T/C/24/4636083 of 2024 dated 28.09.2024, issued by the Jammu and Kashmir State Pollution Control Board/Committee, Budgam, whereby the application(s) of the petitioners for grant of consent/license for establishment of Brick Kiln have been rejected. 2. It is contended by learned counsel for the petitioners that the impugned communications have been issued by wrongly interpreting the order dated 14th July, 2023, passed by the National Green Tribunal, Principal Branch, New Delhi (for short ‘NGT’). 3. Respondents have filed their response whereby they have defended the impugned communications by placing reliance upon the order passed by the NGT. 4. Heard learned counsel, appearing for the parties and perused the order dated 14th July, 2023, passed by the NGT, 5. The relevant portion of the order is extracted hereunder: “State PCB is directed to take action in accordance with rules and ensure that brick kilns must be brought within the ambit of consent conditions and brick kiln which are in operation without consent of the state Pollution WP(C) No. 2572/2024 control board, must be taken seriously and action be initiated in accordance with law. However, orders of the high court be complied with as applicable. We also dire that, no new brick kiln or expansion of existing unit be permitted till J&K PCB ensures compliance and availability of carrying capacity of maintain ambient air quality norms.” 6. Perusal of the order dated 14th July, 2023, which has prompted the respondents to rejected the application(s) of the petitioners for grant of consent/license for operating of the Brick Kiln reveals that no Brick Kiln or expansion of existing unit can be permitted till J&K PCB ensures compliance and availability of carrying capacity to maintain ambient air quality norms. There is no prohibition for grant of consent/license for operating of expansion/opening of new Brick Kilns and the JK Pollution Control Committee has been mandated to ensure strict adherence of the ambient air quality norms. 7. In view of the above, this Court is of the considered view that the communications impugned in the instant petition whereby the application(s) of the petitioners for grant of consent/license for establishment of new Brick Kiln have been rejected by placing reliance upon order dated 14th July, 2023, of NGT are not in accordance with law. 7. Accordingly, both the communications bearing No’s. PCC/DO/BUD/505-06 dated 17.08.2023 and JKPCC/T/C/24/4636083 of 2024 dated 28.09.2024, issued by the Jammu and Kashmir State Pollution Control Board/Committee, Budgam, are set-aside and the petitioners are at liberty to file fresh application(s) before the respondent-authority for grant of consent/license for establishment of new Brick Kiln at Chadoora, Budgam and in the event, any such application(s) for grant of consent/license are filed by the petitioners, the respondents are expected to process the same WP(C) No. 2572/2024 expeditiously, strictly in accordance with law. Disposed of Accordingly along with connected CM(s). (Rajnesh Oswal) Judge SRINAGAR. 05.06.2025 “Abdul Rashid” Whether approved for reporting? Yes/No