Jammu & Kashmir High Court
M/S Sheetla Stone Crusher. vs State Of J&K; And Ors on 27 August, 2018
Author: Sanjay Kumar Gupta
Bench: Sanjay Kumar Gupta
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
OWP No. 1607/2018 (Fresh)
IA No. 1/2018
Date of order: 27.08.2018
M/s Sheetla Stone Crusher. Vs. State of J&K and ors.
Coram:
Hon'ble Mr. Justice Sanjay Kumar Gupta, Judge
Appearance:
For the petitioner (s) : Mr. M. K. Bhardwaj, Sr. Advocate with
Mr. Vasu Dubey, Advocate.
For the respondent(s) : Mr. F. A. Natnoo, AAG.
1. Petitioner is stated to have purchased land measuring 4 kanals falling in khasra No.762 situated at village Bhadoo Tehsil Bilawar District Kathua vide sale deed dated 09.11.2016. It is contended that afterwards the petitioner obtained permission from DIC Kathua for installation of a stone crusher in her proprietary land and since 2008 the petitioner is running the stone crusher and dumps the finished material in her proprietary land which is removed as and when the same is purchased by the customers. The District Mineral Officer Geology & Mining Department Kathua -Respondent No. 2 issued notice dated 18.07.2018 to which the petitioner submitted a reply explaining that the petitioner has dumped the finished material of Bajri for sale and the said material is lying on his proprietary land at a distance of 70 mts from the bridge without causing any challenge to the said bridge. Despite the fact that the reply has been filed to the notice dated 18.07.2018 which is pending consideration, Respondent No. 2- The District Mineral Officer Geology & Mining Department Kathua again issued Final Notice dated 09.08.2018 to the petitioner to immediately shift/lift the illegal damped material stocked by the petitioner on the right bank of Bhinni river downstream new Bhinni bridge within two days as the said stocked (2) material was posing great threat to the safety of the newly constructed bridge. Counsel for the petitioner submits that the petitioner will be satisfied if the respondents are directed to consider the reply filed by the petitioner to notice dated 18.07.2018 and pass appropriate order within a time frame.
2. Notice to the respondents.
3. Mr.F. A. Natnoo, Additional Advocate General, enters appearance on behalf of the respondents and submits that he has no objection in case the respondents are directed to pass appropriate orders after verifying the fact whether or not the material stocked/dumped by the petitioner is causing any threat to the newly constructed bridge.
4. Heard and considered.
5. In view of the submission made by counsel for the parties, I deem it appropriate to dispose of the instant writ petition by directing respondent No. 3-Additional Deputy Commissioner Billawar to visit on the spot and verify the fact as to whether the petitioner has dumped /stocked material (sand and Bajri) on his private land or near the bank of the Bhinni river which may cause threat to the newly constructed bridge. After verifying the fact, the report shall be submitted to respondent No.2 who shall pass appropriate orders thereafter.
6. As the matter seems to be of urgent nature, the whole exercise shall be conducted and concluded within five days from the date copy of this order is made available to the respondents. Till such order is made by the respondents, the notice impugned shall not be acted upon.
7. Disposed of accordingly.
(Sanjay Kumar Gupta) Judge Jammu Sunita.
27.08.2018