Jammu & Kashmir High Court
M/S Tawi Stone Crusher vs Union Territory Of J&K And Others on 5 May, 2021
h475
S.No.138, 139,
140 & 334
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
(through virtual mode)
WP(C) No.900/2021
CM Nos.3738 & 3739 of 2021
M/s Tawi Stone Crusher ...Petitioner(s)
Through:- Mr. Parag Sharma, Advocate
V/s
Union Territory of J&K and others ...Respondent(s)
Through:- Mr. F.A.Natnoo, AAG
WP(C) No.901/2021
CM Nos. 3740 & 3741 of 2021
M/s Trikuta Stone Crusher ...Petitioner(s)
Through:- Mr. Parag Sharma, Advocate
V/s
Union Territory of J&K and others ...Respondent(s)
Through:- Mr. F.A.Natnoo, AAG
WP(C) Nos.902/2021
CM Nos.3742 & 3743 of 2021
M/s Swastik Stone Crusher ...Petitioner(s)
Through:- Mr. Parag Sharma, Advocate
V/s
Union Territory of J&K and others ...Respondent(s)
Through:- Mr. F.A.Natnoo, AAG
2 WP(C) No.900/2021, 901/2021, 902/2021 & 118/2021
WP(C) No.118/2021
CM No.567/2021
M/s Choudhary Stone Crusher ...Petitioner(s)
Through:- Mr. Parag Sharma, Advocate
V/s
Union Territory of J&K and others ...Respondent(s)
Through:- Mr. F.A.Natnoo, AAG
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
ORDER
1. Learned counsel for the petitioner at the outset submits that these
petitions are fully covered by a judgment of this Court dated 19.04.2021
passed in WP(C) No.308/2021 titled M/s Trikuta Stone Crusher v. Union
Territory of J&K and others and clubbed matters and, therefore, can be
disposed of in terms of the aforesaid judgment.
2. Mr. F.A.Natnoo, learned appearing for the respondents does not
dispute this position.
3. Accordingly, these petitions are disposed of in terms of the aforesaid
judgment 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
3 WP(C) No.900/2021, 901/2021, 902/2021 & 118/2021
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 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.
4 WP(C) No.900/2021, 901/2021, 902/2021 & 118/2021
(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, fulfils 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
5 WP(C) No.900/2021, 901/2021, 902/2021 & 118/2021
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
Jammu
05.05.2021
Vinod.
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
