JHAMMAN BRICK COMPANY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of Civil Writ Petition Nos. 11864 of 2012 and 28143 of 2013, as common questions of law and facts are involved in both the petitions. For reference, facts are taken from Civil Writ Petition No. 11864 of 2012. Challenge in this petition (CWP No. 11864 of 2012) is to the order dated 21.03.2012 (Annexure P -8) passed by respondent No. 1, whereby the application of the petitioner for regular license for brick kiln has been declined. The petitioner is also challenging the communication dated 28.03.2012 (Annexure P -9), whereby the aforesaid order was communicated to him.

(2.) THE petitioner made an application to the District Magistrate, Rewari, for grant of license for installing and running a brick kiln in the name and style of M/s. Jhamman Brick Kiln Company, village Harchandpur, Tehsil Bawal, District Rewari. The application was accompanied by 'no objection certificate' of Gram Panchayat, Kalrawas, 'no objection' from Gram Panchayat, Harchandpur, 'no objection' from Municipal Committee, Bawal, certificate from the Sub Divisional Officer of D.H.B.V.N.L., Bawal, a certificate from Priya Brick Technology consultation services and 'no objection' from Deputy conservator of Forest, Rewari. Thereafter, the site of the petitioner was inspected and accordingly, a report was sent by the Assistant Food and Supplies Controller, Rewari on 02.08.2007, pointing out that the brick kiln did not meet the minimum distance criteria in terms of Haryana Control of Bricks Supplies Orders, 1972. On the basis of this report, the application of the petitioner was declined by the District Food and Supplies Controller, Rewari. Subsequently, the Financial Commissioner and Principal Secretary to Government of Haryana, vide order dated 15.10.2007 (Annexure P -2), granted exemption under Clause 21 of the Haryana Control of Bricks Supplies Order, 1972 in the minimum distance parameters of village Abadi, School and public utilities institutions and granted license to the petitioner, subject to the following conditions: -

(3.) AFTER the grant of provisional license, the petitioner fulfilled all the conditions as laid down in the letter (Annexure P -2) and constructed the Gravitational Settling Chamber along with stack of height of more than 100 feet (Chimney). He also got a 'no objection certificate' from the Haryana State Pollution Control Board on 28.12.2007 (Annexure P -3). This permit was valid for a period of two years. Thereafter, vide letter dated 01.01.2008 he apprised the respondents that all the conditions, laid down at the time of grant of provisional license have been complied with. He had also submitted 'no objection certificate' issued by the Haryana Pollution Control Board, quarrying permit and certificate issued by the Priya Brick Technology Consultancy Services, certifying that the gravitational settling chamber along with the stack of height more than 100 feet had been constructed at the brick kiln of the petitioner. The application for grant of regular license was not considered and was kept pending by the respondents. Thereafter, the petitioner wrote letters dated 21.10.2011 and 19.12.2011 (Annexures P -5 and P -6) to the concerned authorities. The petitioner was also sanctioned a loan of Rs. 19.85 lacs by Haryana State Khadi and Gramudyog Board vide letter dated 06.11.2007 (Annexure P -7), which could not be disbursed on account of non -regularization of license of Brick Kiln, thereby causing loss to the petitioner. Eventually, vide order dated 21.03.2012 (Annexure P -8), which was communicated to the petitioner on 28.03.2012 (Annexure P -9), the application for regularization and renewal of the license for brick kiln was declined.