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HC directives in illegal transportation of Bricks

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In a petition filed by Brick Kilns owners of Jammu Division seeking directions to respondents to stop the illegal import of bricks coming into Jammu Province for the purpose of illegal selling, dumping and storage of the same in various parts of Jammu Province and further seeking direction to the respondents to implement the Rule 3 of J&K Brick Kiln (Regulations) Rules, 2011 in its letter and spirit. Justice Javed Iqbal Wani of J&K High Court Jammu Wing after hearing Adv Yaseer Ejaz Tak for the petitioners directed direct the respondents to ensure compliance of the orders supra as well as adherence to the provisions of the Rule 3 of J&K Brick Kiln (Regulations) Rule 2011 read with Section 21 of the Brick Kilns (Regulation) Act, 2010.During the course of hearing Adv Yaseer Ejaz Tak submitted that in so far as U.T of J&K is concerned, the brick kilns are established and operated under the provisions of J&K Brick Kiln (Regulations) Act, 2010. In terms of the said Act, no person shall establish any new Brick Kiln except under and in accordance with the license granted under the said Act, further, it provides that no owner of Brick Kiln, shall, after the commencement of this Act continue Brick manufacturing operations except under and in accordance with the license granted under the said Act and  it may be pertinent to submit here that in exercise of powers conferred by Section 26 of the J&K Brick Kiln (Regulations) Act, 2010, the Consumer Affairs and Public Distribution Department, Govt, of J&K framed the J&K Brick Kiln (Regulations Rules, 2011 vide notification SRO 152 dated 18.05.2011

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