The court emphasized that prior judicial orders must be adhered to, and actions taken in contempt of such orders are impermissible.

ORDER :

CM 4330/2024:

1. In pursuance to order dated 22nd July, 2024, learned counsel for the petitioner has filed the instant application for grant of permission to place on record the order of learned National Green Tribunal, Principal Bench, New Delhi, dated 14th July, 2023.

2. The application for the reasons stated therein is allowed and the order of the learned National Green Tribunal, Principal Bench, New Delhi, dated 14th July, 2023 is taken on record with all just exceptions. CM is accordingly disposed of.

WP(C) 1564/2024: CM 4218/2024:

3. It has been brought to the notice of this Court that by virtue of Order dated 2nd August, 2023 passed in WP(C) 1932/2023, this Court has directed the respondents to allow the petitioners (in the said petition) to operate the Brick Kilns, unless there is no other legal impediment, except that complained of by the petitioners in that petition. Mr. Lone, learned counsel appearing on behalf of the petitioner submits that the petitioner herein also figures in the aforesaid petition and order so passed by this Court in the said petition continues to be in operation as on date.

4. The specific case of the petitioner is that in spite of the fact that this Court has protected the petitioner and allowed his brick kiln to operate, yet the respondents without any rhyme or reason and in flagrant violation of the order passed by this Court, have issued order/notice dated 12th July, 2024 which is impugned in the present petition, whereby the petitioner been directed to remove all his belongings, men and machinery from his brick kiln within four days from the date of issuance of the order/notice so as to seal/close the said brick kiln under the J&K Brick Kiln (Regulation) Act, 2010 and Land Revenue Act by placing reliance on the order passed by the learned Green Tribunal dated 14th July, 2023.

5. It is the specific case of the learned counsel for the petitioner that in spite of the fact that this Court has allowed the petitioner to operate his brick kiln and the order continues to be in operation as on date, the respondents in most contemptuous manner and without waiting for the outcome of the writ petition (supra) or getting the said order vacated, have passed/issued the order/notice impugned on the basis of the order passed by the Green Tribunal which though is not applicable to the case of the petitioner.

6. Mr. G. A. Lone, learned counsel appearing on behalf of the petitioner submits that the petitioner has fulfilled all the requisite formalities as envisaged under law and has got the NOC(s) from different departments, which have been placed on record in the instant petition and there is a deliberate delay on part of the respondents to decide the case insofar as the issuance of consent to operate, is concerned. In spite of the fact that the petitioner has already fulfilled all the requisite formalities, the appropriate authority is delaying the matter without any justifiable cause and this was precisely the reason that consent to operate could not be issued as on date.

Accordingly, the instant petition has been filed by the petitioner, whereby a direction has been sought against the Respondent No. 2 to issue consent to operate with a further direction to the Deputy Commissioner concerned to issue license as required J&K Brick Kiln (Regulation) Act, 2010 .

7. Mr. Lone, further submits that since the delay was attributable to the respondents and the respondents have not taken any final decision as on date, the respondents have allowed the petitioner to operate his brick kiln as on date.

8. However, the respondents by virtue of order impugned dated 12th July, 2024 have directed the petitioner to remove all his belongings, men and machinery from the brick kiln in question within 4 days from the date of issuance of the notice so as to seal/close the said brick kiln, which order/notice is in contravention to the orders passed by this Court which continues to be operative. The record reveals that the said order w