Srinagar: The district administration Bandipora has sealed a cement hollow brick manufacturing unit at Naidkhai area, which was set up against various environmental norms. In 2024, J&K Pollution Control Committee (JKPCC) had ordered its closure.
The owner of the unit had managed to get a stay order from a Srinagar court, which was vacated recently on the intervention of National Green Tribunal (NGT).
The NGT in January this year had to intervene in a ‘petty case’ related to setting up of a cement hollow brick manufacturing unit at Naidkhai Bandipora. According to the petition filed in NGT by a local resident Zahoor Ahmad Dar, the district administration Bandipora and Tehsildar failed to close down the said unit in-spite of repeated pleas. The brick manufacturing unit as per the original application is located just adjacent to a Govt Higher Secondary School and is surrounded by some private houses as well.
The school principal had made a written communication with the Tehsildar concerned in 2022 who further sought a report from his Naib Tehsildar. The officers failed to act even as the aggrieved had approached SDM Sumbal and DC Bandipora as well. They then approached the Governors Grievance Cell who informed the JKPCC. The cell ordered for closing down the unit on 27, 05, 2024 as the same violated Water Pollution Act 1974 and Air Pollution Act 1981. The unit owner challenged the closure order before Chief Judicial Magistrate -CJM Srinagar.
Technically CJM had no jurisdiction to take up in this case and the relief was granted to the brick manufacturing plant owner. Ironically the JKPCC didn’t challenge that order before the district court or NGT.
As all the doors of the executive were closed and the lower judiciary had passed a defective order. The aggrieved Zahoor Ahmad Dar finally had no option but to seek indulgence of NGT New Delhi. The case was listed in the NGT on January 21, 2025 before Principal Bench of Justice Prakash Srivastava (Chairperson NGT) and Dr Afroz Ahmad (Expert Member) who said that CJM Srinagar had no jurisdiction in this case.
NGT order
The petitioner Zahoor Ahmad Dar along with his son, Zahid Zahoor, were present before NGT’s Principal Bench on Jan 21 2025 through virtual mode. He pointed out that on his complaint JKPCC had passed closure order dated 27, 05, 2024, but the brick plant owner challenged the order in Civil Suit before the CJM, Srinagar wherein the interim order dated 28, 10, 2024 was passed.
In compliance to the CJMs order , the closer order dated 27, 05, 2024 was kept in abeyance by the Member Secretary, JKPCC through an order dated 08, 01, 2025. The Principal bench of NGT said that CJM Srinagar had no jurisdiction to pass an order in this case. The NGTs order reads: “We find that the order dated 27, 05, 2024 was passed by the Member Secretary, J&KPCC under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 and Section 58 of the Water Act, 1974 creates a jurisdictional bar on the Civil Court “
The NGT’s Principal Bench advised JKPCC to bring this matter into the notice of Chief Judicial Magistrate -CJM Srinagar so that order is modified accordingly. The matter was finally disposed of recently on July 15, 2025 by CJM Aadil Mushtaq Ahmad , CJM Srinagar.
The CJM’s order reads: “Falling in line with the authoritative judgment supra, I need not to determine other two requisites, when the very first is missing. For all what has been discussed above, application for interim relief is devoid of any merit are accordingly rejected and order dated 28, 10, 2024 is vacated”
In response to this order JKPCC took up the matter with Deputy Commissioner Bandipora on 17.07.2025 and Additional Deputy Commissioner Bandipora directed Tehsildar Hajin on 22.07.2025 to close down the said cement hollow brick manufacturing unit
“We had lost faith in system but we are grateful to the judiciary especially National Green Tribunal -NGT and JKPCC who came to our rescue. This was otherwise a very petty issue and DC, SDM or Tehsildar could have closed down this unit which was set up near a Govt school and residential houses but they kept us moving from pillar to post,” said Zahid Ahmad son of the petitioner Zahoor Ahmad Dar
