Citation : 2022 Latest Caselaw 721 j&K
Judgement Date : 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
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
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