M/S Adarsh Stone Crusher vs Union Territory Of Jammu And ...
2021 Latest Caselaw 637 j&K

                                                                      S.No. 101
                                                                  Before Notice List


               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
                           (THROUGH VIRTUAL MODE)
                                                WP(C) No. 1186/2021
                                                CM No. 4893/2021
                                                CM No. 4894/2021

M/s Adarsh Stone Crusher
                                                             ...Petitioner(s)

                      Through: Mr. Parag Sharma, Advocate.
                                   V/s

UNION TERRITORY OF JAMMU AND KASHMIR

                                                        ...Respondent(s)
                      Through: Mr. F.A.Natnoo, AAG.

Coram:        HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
                                         ORDER

1. The petitioner has filed this petition seeking, inter alia, the following

directions:-

"(i) Writ of certiorari thereby quashing the impugned order No. DMO/J/Illegal Extraction/2020-21/3098-3101 dated 10.02.2021 issued by respondent No.3) i.e. District Mineral Officer, Geology and Mining Department, Jammu.

(ii) Writ of Certiorari thereby quashing the impugned Order No. MNG/Crusher/15/2021 dated 25.02.2021 issued by respondent No.1.

(iii) Writ of Mandamus directing and commanding the respondent No.1 to 3 to allow the petitioner to operate the stone crusher in view of S.O. 60 dated 23rd of February 2021 called as "The Jammu and Kashmir Stone Crushers/Hot and Wet Mixing Plants Regulation Rules 2021."

2. Mr. Parag, learned counsel appearing for the petitioner at the very

outset placed reliance on the judgment dated 19.04.2021 passed in

WP(C) No. 308/2021(along-with clubbed matters) titled M/s Trikuta

Stone Crusher & Ors. Vs. Union Territory of J&K & Ors., and

submitted that the case of the petitioner is fully covered by the

aforesaid judgment and, therefore, may be disposed of in light of the

directions passed in the said case.

3. Mr. Natnoo, AAG appearing for the respondents does not dispute this

contention of learned counsel for the petitioner.

4. Having heard learned counsel for the parties and having regard to the

judgment dated 19.04.2021(supra) passed by this Court, this petition

is disposed of by providing as under:-

(I) That the units of the petitioners, if established or found to have

been established in terms of the Jammu and Kashmir Stone

Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021

issued vide S.O 60 dated 23rd of February, 2021, shall be

permitted to operate. The respondents shall keep in view the

communication of Under Secretary to Government, General

Administration Department, bearing No.GDC/31/CM /2021

dated 5th of March, 2021, making a transitory provision for

facilitating operation of the units under S. O. 60 of 2021 for a

period of six months within which period the stone crusher

units/hot and wet mixing plants shall obtain the consent to

operate from the Jammu and Kashmir Pollution Control Board.

(II) That the stone crusher units who have been issued show cause

notice(s) or have been directed to pay royalty and penalty, shall

be entitled to challenge the such order/orders by way of an

appeal(s) under Rule 85 of Chapter XIII of SRO 105 of 2016

before the Director, Geology and Mining. They shall also be

entitled to file further appeal before the Government as

provided under the aforesaid Rules.

(III) With a view to facilitate the availing of remedy of appeal as

envisaged under SRO 105 of 2016, and going by the statement

of Mr. F. A. Natnoo, Additional Advocate General, made under

the instructions from the District Mineral Officer, Jammu, who

is also present in the Court, the penalties imposed or sought to

be imposed shall be deemed to have been made under Rule 70

of Chapter IX of SRO 105 and, therefore, appealable under

Rule 85 of Chapter XIII of the said SRO. It shall not be open to

the respondents to contend that the order of penalty passed or

proposed to be passed against the erring stone crushers is under

SRO 302, which now stands repealed vide S.O. 60 of 2021.

(IV) That pending disposal of the appeal/appeals, if any preferred by

the petitioners, the petitioners shall pay outstanding

royalty/penalty in terms of communication No.MNG/Crusher/

15/2021 dated 25th of February, 2021, and an undertaking in

this regard shall be submitted to the competent authority. The

payment of royalty/penalty to the respondents shall remain

subject to final determination of the appeal(s) envisaged under

SRO 105 of 2016 and the order/orders of penalty attaining

finality in law.

(V) That the petitioners shall submit a formal undertaking to the

District Mineral Officer concerned that they would operate their

stone crusher units by using the raw material obtained from

legitimate source(s) and that they will not extract or procure

such raw material from river Tawi and will faithfully and

sincerely adhere to the directions passed by the Division Bench

of this Court in Public Interest Litigation titled Ashish Kumar

vs. State & others. In case of any violation of the undertaking

by the petitioners, the respondents shall be free to take any

action against the petitioners as per law.

(VI) That in case the petitioners, whose electricity supply has been

snapped by Power Development Department, if they fulfil the

conditions mentioned hereinabove and are permitted by the

competent authority of Geology & Mining Department to

operate their stone crusher units, their electricity connections

shall be immediately restored by the authorities of Power

Development Department so as to facilitate operation of their

units, provided such units are not in default of payment of

arrears of electricity dues.

(SANJEEV KUMAR) JUDGE Srinagar 30.06.2021 Muzammil.Q Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

MUZAMIL QADIR 2021.07.01 15:43 I attest to the accuracy and integrity of this document