Jammu and Kashmir High Court
WP(C)/675/2026 of M/S PARVAIZ BRICK KILN Vs UNION TERRITORY OF J AND K AND OTHERS (REVENUE / POLLUTION CONTROL BOARD) on 7 April 2026
No. 185 Supplementary-1 Cause List HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 675/2026 CM No. 1716/2026 M/S Parvaiz Brick Kiln … Petitioner(s) Through: - Mr Ishrat Maqbool Bhat, Advocate. V/s Union Territory of J&K and Ors. … Respondent(s) Through: - Mr
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Serial No. 185 Supplementary-1 Cause List
HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR
WP (C) No. 675/2026 CM No. 1716/2026
M/S Parvaiz Brick Kiln … Petitioner(s)
Through: - Mr Ishrat Maqbool Bhat, Advocate. V/s
Union Territory of J&K and Ors. … Respondent(s) Through: - Mr Ilyas Nazir Laway, Government Advocate.
CORAM:
HON’BLE MR JUSTICE M. A. CHOWDHARY, JUDGE.
(ORDER) 07.04.2026
01. The Petitioner, through the medium of the instant Petition, claims to be a Brick Kiln Unit operating in Village Ichgam, Tehsil and District Budgam since the year 2013 over a leased piece of land. It is stated that after the expiry of earlier NOC issued by the Pollution Control Committee in the year 2024, the Petitioner had applied for fresh NOC from the Pollution Control Committee, however, till now, the Committee has not issued the requisite NOC in favour of the Petitioner, as a result whereof, the Petitioner apprehends that the Respondents may resort to some coercive measures, including demolition, sealing, seizure or interference with the Petitioner’s Brick Kiln.
02. Learned Counsel appearing for the Petitioner submits that the Petitioner, at his end, is ready to file an undertaking before the Respondents to the effect that he shall not operate the Brick Kiln till the requisite NOC is obtained and without being permitted by the Respondent-Authorities to operate the Brick Kiln. He, thus, prayed that in such a situation, the Respondents be directed not to take any coercive action in the matter, like demolition of the Petitioner’s Brick Kiln.
03. Mr Ilyas Nazir Laway, the learned Government Advocate, appearing for the Respondents, submits that in case the Petitioner submits the undertaking, as aforesaid, the Respondents shall have no objection in considering the plea raised by the Petitioner in this Petition for not resorting to any coercive measures.
04. Having regard to the submissions made by the learned Counsel for the parties, this Writ Petition is disposed of at this motion stage with a direction to the Respondents not to resort to any coercive measures against the Brick Kiln of the Petitioner, including its demolition, subject to furnishing of undertaking by the Petitioner to the effect that the Brick Kiln shall not be operated without authorization in this behalf by the competent authority, after furnishing of NOCs by the concerned Departments, particularly the J&K Pollution Control Committee.
05. Writ Petition is, thus, disposed of on the above terms, along with the connected CM.
(M. A. CHOWDHARY)
JUDGE SRINAGAR April 7th, 2026 “TAHIR”
Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document