The Jammu and Kashmir High Court comprising Justice Wasim Sadiq Nargal while hearing a plea challenging the Standing Order dated February 23, 2021, issued by the Department of Geology and Mining, Government of Jammu and Kashmir ordered that Standing Orders are for the regulation of the stone crushing units in the Union Territory as a valid piece of legislation and it has liberalized the establishment of stone crusher units.
The High Court highlighted the role of stone crushing industry in the growth and development of the country and said that any impediments in the process can bring the development to a standstill hence the Government S.O. 60 is a valid piece of legislation and cannot be interfered with.
Brief Facts:
The Petitioners through the medium of the present Writ Petition called into question the vires of the Standing Order (SO) dated 23.02.2021 issued by the Department of Geology and Mining, Government of Jammu and Kashmir which according to the Petitioners violates the directions issued by the Division Bench of this Court in PIL titled Mohammad Maqbool Lone versus State & others (PIL No. 794/2009).
Contentions of the Petitioners:
It was submitted that the Stone crusher has been installed in an environmentally sensitive area which is contrary to J&K State Pollution Control Board norms. Violations of environmental laws have been alleged.
Contentions of the State:
It was contended that the issue had already been discussed with the Panchayat, wherein, none of the Petitioners raised any objection and now they cannot be allowed to raise the same at this belated stage.
It was further argued that concerning environmental matters, NGT (National Green Tribunal) has jurisdiction and therefore, this Court has no jurisdiction to deal with the same.
Observations of the Court:
The Court observed that a person cannot be allowed to have the benefit of an instrument while questioning the same, as counsel appearing on behalf of petitioners, on one hand, was challenging the vires of said rules and at the same time, has also placed reliance on same rules and by doing so, was blowing hot and cold in the same breath, which is not permissible under law.
Hon’ble Justice Nagral opined that the policy of the State cannot be disturbed unless it is found to be grossly arbitrary or irrational. It was observed that the Respondents by promulgating the order S.O 60 of 2021 have promoted the ease and simplified things to encourage entrepreneurs to set up these plants and to operate their crusher units by obtaining only two documents/clearances from Deputy Commissioner and the Pollution Control Board.
The High Court highlighted the role of stone crushing industry in the growth and development of the country and said that any impediments in the process can bring the development to a standstill hence the Government S.O. 60 is a valid piece of legislation and cannot be interfered with.
Upholding the validity of standing orders it was said that in the growth of the country and infrastructural development, the stone crusher industry plays a pivotal role and without operating the same, the development of the country will come to a standstill.
The decision of the Court:
Accordingly, the writ petition was dismissed.
Case Title: Inhabitants of Sheva Shirshu Doda Vs UT of J&K & Ors
Coram: Hon’ble Justice Wasim Sadiq Nargal
Case No: WP (C) No.639/2022
Advocate for Petitioner: Adv. Mr. F.S. Bhat
Advocate of Respondent: Ms. Monika Kohli, Sr. AAG, Mr. Ravinder Gupta, Mr. Dewarkar Sharma, Mr. Sunil Sethi, Sr. Advocate with Mr. Paras Gupta.
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