Serial no.01
 Regular List
                HIGH COURT OF JAMMU AND KASHMIR
                          AT SRINAGAR


OWP No. 1063/2012
                                                        Date of order: 10.10.2018

M/s Khurshid Brick Kiln & Ors.              v.         State and others.

Coram:
       HON'BLE THE CHIEF JUSTICE.

Appearance:

For the appellant(s)      :   None.
For the respondent(s)     :   Mr Asif Maqbool, GA.

i)    Whether approved for reporting in                      Yes/No
       Law journals etc.:
ii)   Whether approved for publication
       in press:                                             Yes/No

01. This writ petition challenges the orders bearing nos.174 of 2012, 175 of 2012, 169 of 2012, 168 of 2012, 186 of 2012 and 181 of 2012, all dated 11.02.2012, whereby the J&K State Pollution Control Board took action against the units of the petitioners for putting up their respective brick kilns without their consent as required under Sections 25 and 21 of the Water (Prevention & Control of Pollution) Act, 1974, and Air (Prevention & Control of Pollution) Act, 1981, respectively. As per the impugned order, the petitioners failed to show cause despite notices having been issued to them. The order of closure of the units was passed in exercise of jurisdiction under Section 31(A) of the Air (Prevention & Control of Pollution) Act 1981.

02. While issuing notice by order dated 14th of August, 2012, this Court had stayed the operation of the impugned orders dated 11th February, 2012 issued OWP No.1063/2012 Page 1 of 2 against the petitioners 1, 3, 4, 5, 8 and 9. This Court had directed that the interim direction shall not come in the way of respondents from initiating, taking and drawing action against the petitioners in terms of the rules occupying the field.

03. Objections have not been filed till date.

04. The matter is of serious nature. The writ petition has not been listed before the Court after 29th of September, 2016.

05. None appears for the petitioners when the matter is called out.

06. In the interest of justice, issue court notice without process fee to the learned counsel for the petitioners returnable on 27th November, 2018.

07. The petitioners shall produce before this Court the permissions which they have obtained for running and maintaining the brick kilns.

08. List on 27th November, 2018.

(GITA MITTAL) CHIEF JUSTICE Srinagar 10.10.2018 Abdul Qayoom, PS OWP No.1063/2012 Page 2 of 2