HC allows brick kilns to operate near airport

HC allows brick kilns to operate near airport

Closes suo motu PIL on upgrade of airport facilities

Srinagar: The High Court of Jammu and Kashmir on Monday directed the government to allow brick kiln owners to operate their kilns within the restricted area of Srinagar airport, but with some riders.

The bench of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul directed that the kiln owners must possess a valid licence which shall stand renewed from time to time.

The court further directed that the operation of the kilns will be based on an undertaking wherein the owners of the brick kilns shall use furnaces which will not cause smoke hazard such as oil fired/ electrical furnaces or those which are run on fuel do not emit smoke.

The bench also directed that the owners shall not operate their brick kilns during the winter season from 1st November every year to 31st March next year.

“It will be open for the authorities to keep a constant vigil upon the brick kilns so as they may not violate the terms and conditions of the licence or the undertaking failing which appropriate legal action shall immediately be taken against them,” the court directed.

The court while passing these directions closed down the suo motu litigation related to upgradation of facilities at Srinagar airport.

The court said perusal of the order sheet as well as the action taken reports filed from time to time by the respondents would establish that the Srinagar Airport has been upgraded to a maximum level and all systems necessary have been installed as approved by the Air Force.

It was recorded by court that the Srinagar Airport is not a civilian airport but a defence airport and, therefore, its up-gradation and development is dependent upon the requirement of the defence forces.

“And the civilian activity on the airport cannot be allowed to interfere with or obstruct the defence activity at the airport,” the bench noted.

The court pointed out that it was also important that the system at the Srinagar Airport has been upgraded to the extent that the authorities are set to operate International Air Service.

“Thus, their remain no further requirement for this court to continue to monitor the upgradation of the Srinagar Airport and the same is left for the authorities to do the needful as necessary in accordance with the requirement and the policy decision,” the court said.

However, the court gave liberty to the public at large to get the matter reopened if the authorities fail to upgrade and update the Srinagar Airport as may be necessary in future.

 

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