Jammu & Kashmir High Court
Shazad Shabnam Prop M/S Dewan Stone vs Ut Of J&K And Others on 3 July, 2023
Author: Rahul Bharti
Bench: Rahul Bharti
27
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1695/2023
CM No. 3972/2023
Shazad Shabnam Prop M/S Dewan Stone .....Appellant(s)/Petitioner(s)
Crusher
Through: Mr. Rahul Pant, Sr. Advocate with
Mr. Anirudh Sharma, Advocate.
Vs
UT of J&K and others .....Respondent(s)
Through:
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
03.07.2023
1. Heard learned counsel for the petitioner.
2. The petitioner is a promoter of Stone Crusher Unit in the name of M/s Dewan Stone Crusher which is set up at village Chaktroo, tehsil Haveli, district Poonch.
3. The original installation of the Stone Crusher Unit dates back to August, 2016 whereafter on periodical basis, the working and functioning of Stone Crusher of the petitioner has been pursuant to the requisite permissions granted from all concern including State Pollution Control Board. This position is safely born out from the last Consent to 2 WP(C) No. 1695/2023 Operate Order no. PCC/digital/22061834784 of 2022 dated 27.04.2022, the expiry of which was to take place in April, 2023.
4. In terms of S.O. 60 of 2021 dated 23.02.2021 thereby bringing into force Jammu and Kashmir Stone Crushers/Hot and Wet Mix Plants Regulation Rules, 2021, the existing Stone Crusher Unit Operators are meant to obtain fresh permission upon expiry of their last consent to operate as per rule 3 (3) (ii) as one-time requirement for meeting out the requirement of rule 3 (3) (ii) of procuring no objection certificate from the Deputy Commissioner concerned regarding title verification of land and its usage.
5. The petitioner came to initiate the requisite process which resulted in reports submitted by the Naib Tehsildar, Chandak followed by a report of the Tehsildar Haveli to the effect that land comprised in khasra no. 256 measuring 3 kanals 15 marlas 2 sarsai in village Chaktroo is ownership land of the petitioner and, accordingly, solicited the final approval of the Deputy Commissioner, Poonch.
6. The grievance of the petitioner is that for reasons which are malafide oriented, the incumbent serving as the Deputy Commissioner, Poonch is sitting upon the matter as a result whereof a running Stone Crusher Unit of the petitioner has come to suffer halt as the petitioner's case for requisite permission/license to be issued under S.O. 60 of 2021 is not taking effect.
3 WP(C) No. 1695/2023
7. Mr. Rahul Pant, learned senior counsel appearing for the petitioner submits that the Deputy Commissioner, Poonch cannot be heard to deny the title status of the petitioner quo the land in reference given the fact that it is upon the basis of his ownership title quo the land in reference that the earlier permissions in favour of the petitioner to set up and run the Stone Crusher had come into being and, as such, the avoidance on the part of the Deputy Commissioner, Poonch to declare the title verification status of the petitioner quo the land in reference is willful and deliberate one and only meant to harass the petitioner.
8. Prima facie case is made out.
9. Issue notice to the respondents.
10. Mr. Amit Gupta, learned AAG accepts notice on behalf of the respondent no. 6-J&K Pollution Control Committee and seeks time to file reply/objections within a period of four weeks.
11. Petitioner to furnish registered postal covers for the service of the respondent nos. 1 to 5 within a period of seven days, whereupon the Registrar Judicial, Jammu to issue notices to the respondent nos. 1 to 5.
12. In the meantime, the Deputy Commissioner, Poonch is directed to dispose of the application of the petitioner pending for final approval for grant of title verification pursuant to the report submitted by the Tehsildar Haveli, Poonch and the Assistant Commissioner 4 WP(C) No. 1695/2023 (Revenue), Poonch within a period of fifteen days from the date of receipt of certified copy of this order.
13. The default on the part of the Deputy Commissioner, Poonch to consider and dispose of the file with respect to grant of title verification in favour of the petitioner shall amount to contempt of the Court.
14. It is made clear that the any pending litigation in the matter under the Agrarian Reforms Act, 1976 will not be counted as a clog on the title of the petitioner quo the land in reference as it is only the final outcome of the litigation so pending that at the relevant point of time the status of the petitioner quo the land in reference would come into play.
15. Petitioner to furnish certify copy of this order to the Deputy Commissioner, Poonch.
16. List on 18.08.2023.
(RAHUL BHARTI) JUDGE Jammu 03.07.2023 Shivalee