[Cites 0, Cited by 0]
Jammu & Kashmir High Court - Srinagar Bench
Shabir Ahmad Dar And Ors vs Union Territory Of J And K And on 18 February, 2026
Serial No. 153
Suppl Cause List 2
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 3062/2025 CM (8181/2025)
Shabir Ahmad Dar and Ors ...Petitioner(s)/Appellant(s).
Through: Mr. S.R. Hussain, Advocate.
Vs.
Union Territory of J and K and
Ors. ...Respondent(s).
Through:
CORAM:
HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER
18.02.2026
1. There is no representation on the part of respondents.
2. As per the Registry's note, the registered notices sent to the
respondents under Dispatch No. 28650-56, dated 11.12.2025 stand
delivered to them as per the tracking report status.
3. Appearance of the respondents is awaited in the ends of justice.
4. Heard learned counsel for the applicants/petitioners in respect of
his prayer for grant of relief in interim application bearing No. CM
8181/2025.
5. It has been submitted by the learned counsel that the
applicants/petitioners are the owners/proprietors of brick klin units being
operated in District Kulgam. That they have completed all the formalities
on their part for obtaining 'consent to operate' from the respondents 2 & 3
i.e. Jammu and Kashmir Pollution Control Committee, but the Committee,
on its part, has slept over the matter since years and has not been issuing
the requisite 'consent to operate'. That instead the respondents 2 & 3
issued orders vide Nos.103-PC of 2023, dated 22.09.2023, 100-PCC of
2023 dated 22.09.2023, 84-PCC of 2023 dated 22.09.2023, 104-PCC of
2023 dated 22.09.2023, 86-PCC of 2023 dated 22.09.2023, 98-PCC of
2023 dated 22.09.2023, and 91-PCC of 2023 dated 22.09.2023, directing
the respondent No. 4 i.e. Deputy Commissioner, Kulgam to immediately
close down their brick klin units treating them as being operated
unauthorizedly and without the requisite 'consent to operate'. That the
said impugned orders have been forwarded by the Deputy Commissioner,
Kulgam to the Tehsildars Devsar, Pahloo and Qaimoh vide
communication No. DCK/Acctts/2025-26/258-261, dated: 10.11.2025, for
closure of the brick klins. It has been submitted by the learned counsel
that the impugned orders have been passed by the respondents 3 & 4
without affording the applicants/petitioners an opportunity of being heard.
That the applicants were not provided an opportunity to put forth that they
have on their part complied with all the requisite formalities and the
matter regarding the issuance of "consent to operate" is being delayed by
the Office of the respondents 2 & 3. It was further submitted by the
learned counsel that the applicants/petitioners have already submitted the
DPR'S, revenue reports, wildlife NOC's besides depositing the statutory
fees and the royalty for obtaining the requisite permission from the
respondent-Committee. It is also submitted by the learned counsel that
despite passing of the orders regarding closure of the units in September,
2023, the respondent No. 4 came to forward the said orders for
implementation to the Tehsildars concerned in November, 2025 which
speaks of the bonafides of the orders.
6. It is, however, admitted by the learned counsel for the
applicants/petitioners that the subject brick klins of the
applicants/petitioners stand presently closed under the directions of this
Court passed in a PIL which has to subsist till 31st March, 2026.
7. The non-applicants/respondents despite service of registered
notices upon them in December, 2025 have not chosen to appear and
contest the matter.
8. Admittedly, no brick klin can be allowed to operate without the
requisite NOC's from all the concerned departments especially the
'consent to operate' to be obtained from the Pollution Control Committee
as the requirement for such consent has a direct bearing on the public
health.
9. It is the contention of the applicants/petitioners as being agitated in
the petition that they have already complied with all the formalities
regarding issuance of 'consent to operate' from the Office of respondent
No. 3, but, the consideration for issuance of the same in accordance with
law is being unnecessarily delayed.
10. Perused the interim application supported with an affidavit. Also
perused the main petition and the copies of documents enclosed with the
same as annexures thereto
11. List on 11th March, 2026.
12. In the meantime, subject to any vacation/modification upon the
consideration of objections/arguments of the other side and till next date
of hearing before the Bench, the operation of the impugned orders as
mentioned in the prayer clause of the petition along with the consequent
communication issued by the Deputy Commissioner, Kulgam, bearing no.
DCK/Acctts/2025-26/258-261,dated 10.11.2025 shall remain in abeyance
with the further direction to the non-applicants/respondents 2 & 3 i.e.
Jammu and Kashmir Pollution Control Committee to address the pending
applications of the applicants/petitioners regarding the issuance of
'consent to operate' in relation to the subject brick klins.
13. This ad interim direction shall not debar the non-
applicants/respondents to have supervision/inspection in accordance with
the law governing the field.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR
18.02.2026
Shahid Manzoor
