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Judgment
In these original applications, Applicants have challenged the order dated 17.08.2023 issued by Government of Jammu & Kashmir by which the Applicants were informed that their applications for Consent to Establish were rejected in the light of the order of the NGT dated 14.07.2023 in OA No. 594/2022 in the matter of Syed Riyaz vs. UT of J&K & Ors. Learned Counsel for the Applicants has pointed out that this order dated 17.08.2023 was subject matter of challenge before the High Court in WP (C) No. 2873/2023, at the instance of the Applicant and the High Court by order dated 18.12.2023 had disposed of the OA by observing as under:
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Though the petitioners claim that their Brick Kilns are in operation, but there is nothing on record to show the consent to establish or operate in their favour. The respondents have rightly considered the case of the petitioners under New Brick Kiln Rules/Regulations and rejected the same as per the order of National Green Tribunal.
In view of directions of NGT, the respondents have rightly refused to allow operation of Brick Kilns on the ground that the Brick Kilns are a new establishment and did not exist prior to the order. Even licences for running the Brick Kilns are not on record. Therefore, petitioners' argument that their Brick kilns are not a new establishment, is rejected.
In view of aforesaid facts and circumstances of the case, I find that it would be appropriate for the petitioners to approach National Green Tribunal for clarification/modification, if they desire so. These petitions are, accordingly, disposed of.”
When a query was put to Counsel for the Applicants that against the order rejecting consent, the appeal lies and even the liberty granted to the Applicants by the High Court on 18.12.2023 was to approach the Tribunal for clarification/modification whereas it is a fresh OA, learned Counsel for the Applicants has sought permission to withdraw the OAs with liberty to file fresh appropriate application/appeal before the Tribunal. The prayer is allowed. The OAs are dismissed as withdrawn with the liberty as prayed.