Inhabitants Of Village Hanjana vs Ut Of J&K And Others

Citation : 2022 Latest Caselaw 721 j&K
Judgement Date : 5 May, 2022

Jammu & Kashmir High Court
Inhabitants Of Village Hanjana vs Ut Of J&K And Others on 5 May, 2022
                                                                         Sr. No. 186


    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU

                                                       WP(C) No. 2225/2021
                                                       CM No. 7945/2021

Inhabitants of Village Hanjana                    .....Appellant(s)/Petitioner(s)
Khanka Nowshera Rajouri Th.
Rajinder Singh
                       Through: Mr. Ashish Sharma, Advocate
q
                                Mr. Munish Kumar Sharma, Advocate.
                 vs
UT of J&K and others                                         ..... Respondent(s)
                       Through: Mr. S. S. Nanda, Sr. AAG
                                Mr. Dewakar Sharma, Dy. AG
                                Mr. Adarsh Sharma, Advocate.
                                Mr. K Ramesh Kumar-Member Secretary
                                Pollution Control Board present in person.
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                    ORDER

A perusal of the response filed by the respondent Nos. 7 and 8 reveals that the reliance has been placed upon the revised siting criteria for establishment of Stone crushers.

Mr. Dewakar Sharma, learned Dy. AG, after seeking instructions from the Pollution Control Board submitted that the revised guidelines for the siting criteria for establishment of stone crushers have not been approved, as such, the same are not in operation as yet.

More so, a perusal of the response filed by the respondent Nos. 7 and 8 gives an impression to this Court that the same, in fact, has been got drafted at the instructions of respondent No. 10.

Prima facie, this Court finds that the respondent Nos. 7 and 8 have deliberately misled this Court and this Court under some wrong impression 2 WP(C) No. 2225/2021 generated by the response filed by the respondent No. 7 and 8, may have passed a judgment on the basis of guidelines, those are not in operation so far.

Mr. S. S. Nanda, learned senior AAG shall produce the respondent Nos. 7 and 8 before this Court on the next date of hearing.

List on 07.05.2022.

(RAJNESH OSWAL) JUDGE Jammu 05.05.2022 Sahil Padha