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2026 DAILYLAW 2250 (JK)

M/S PARVAIZ BRICK KILN THROUGH ITS PROP. v. UNION TERRITORY OF J AND K AND OTHERS (POLLUTION CONTROL BOARD)

WP(C)/1747/2026 · 2026-07-24

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

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Serial No. 162 Supplementary List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1747/2026 M/s Parvaiz Brick Kiln ….. Appellant/petitioner(s) Through: - Ms. Syed Ainain Qadri, Advocate V/S UT of J&K and Ors. ….. Respondent(s) Through: - Mr. Ilyas Nazir, GA CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 24.07.2026 01. By way of the present petition, the petitioner has challenged Notice No. CC/BUD/026/BK Cir/F-173/402-409 dated 08.07.2026, issued by respondent No. 4, whereby the petitioner was directed to close down the operation of his Brick Kiln. 02. Learned counsel for the petitioner submits that the petitioner is in possession of a valid Consent to Operate granted vide order dated 17.04.2026, which remains valid up to February, 2027, in respect of an Orange Category unit as per the revised classification of industrial sectors. 03. Pursuant to the previous order of this Court, learned counsel for the respondents’ sought time to report instructions and, on the basis thereof, fairly submitted that the petitioner is, in fact, holding a Consent to Operate order issued vide order dated 17.04.2026, which is Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document valid up to February, 2027. He further submits that upon perusal of Annexure-VI appended to the writ petition, the respondents have come to know that the petitioner is in possession of the aforesaid valid Consent to Operate order and that the impugned notice came to be issued inadvertently. 04. In view of the fair stand taken by learned counsel for the respondents, the impugned Notice dated 08.07.2026 is hereby quashed. The respondents are directed to permit the petitioner to operate the Brick Kiln strictly in accordance with the terms and conditions of the Consent to Operate order dated 17.04.2026. 05. Accordingly, the writ petition stands disposed of along with all connected CM(s). (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 24.07.2026 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document