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11

Regular

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CM(8855/2025) in WP(C) 3197/2025.

SHEIKH UL ALAM BRICK KILN TH.PROP.

…Petitioner(s)

Through: Mr. Bhat Fayaz, Advocate.

VERSUS

UNION TERRITORY OF J AND K TH. COMMR//SECTY (REVENUE) AND OTHERS.

…Respondent(s)

Through: Mr. Bikram Deep Singh, Dy AG.

CORAM:

HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

ORDER

29.12.2025

01. The instant matter was listed before this Court on 20th of

December, 2025 on which date notice was issued to the

respondents and Mr. Hakeem Aman Ali, learned Deputy

Advocate General was granted time to file response in the

instant matter.

02. While parting with the said order, the Court directed Mr.

Hakeem Aman Ali, learned Deputy Advocate General

appearing on behalf of the respondents to place on record

the consideration order passed on the application diarized

as No. 3507834 dated 1st of February, 2023 submitted by

the petitioner before the Pollution Control Committee (PCC)

seeking Consent to Operate, in respect of the Brick Kiln in

question.

03. Till date, neither the reply has been filed nor has the

consideration order been placed on record. The petitioner

without waiting for the outcome thereof, has filed a fresh

application in the instant matter bearing CM No.

8855/2025 on a purported fresh cause of action contending

that in the event demolition is carried out by the

respondents, the very purpose of filing the instant petition

would be defeated and grave prejudice would be caused to

the petitioner, which cannot be compensated by any means

whatsoever.

04. Mr. Fayaz Bhat, learned counsel appearing on behalf of

the petitioner has drawn the attention of this Court to the

orders passed by this Court in identical matters wherein the

petitioners were directed to submit an undertaking before

the appropriate authority to the effect that they would not

operate their Brick Kiln till the requisite No Objection

Certificates (NOCs) were obtained from the competent

authorities. The learned counsel for the petitioner submits

that on the same analogy, the petitioner be permitted to file

an undertaking before the appropriate authority

undertaking that he will not operate the Brick Kiln till the

requisite NOCs are obtained from all the competent

authorities.

05.Mr. Bikram Deep Singh, learned Deputy Advocate General

who has waived notice on behalf of the respondents is not

averse to the passing of the similar order in the instant

matter.

06. In view of the above, the prayer so made by the learned

counsel for petitioner is also allowed on the same lines. It

is, however, made clear that subject to the petitioner

furnishing the requisite undertaking before the competent

authorities i.e. respondent Nos. 2 and 3 and till the time the

petitioners obtains the requisite NOCs from the competent

authorities, there shall be status quo to the extent of

demolition of the petitioner’s Brick Kiln.

07. It is further made clear that in case the petitioner violates

any of the terms and conditions of the undertaking to be

furnished pursuant to this order, or violation the provisions

of the Jammu and Kashmir Brick Kiln Regulation Act,

2010, the respondents shall be at liberty to proceed ahead

in the matter in accordance with law.

08. The application is disposed of in the manner indicated

above.

(WASIM SADIQ NARGAL)

JUDGE

SRINAGAR

29.12.2025

Bisma Jan.