Jammu & Kashmir High Court - Srinagar Bench
Crk Stone Crusher And Ors vs Union Territory Of J And K And Ors on 3 April, 2024
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
S. no. 169
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HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 721/2024
CRK STONE CRUSHER AND ORS. ...Petitioner(s)/Appellant(s)
Through: Mr. Malik Aadil Mujtaba, Advocate
Vs.
UNION TERRITORY OF J AND K AND ORS. ...Respondent(s)
Through: Ms. Rekha Wangnoo, GA vice
Mr. Alla ud Din Ganai, AAG
CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
03.04.2024
1. The petitioners through the medium of the instant writ petition are aggrieved of the final notice issued by the respondent no. 3, whereby the petitioners have been directed to remove the encroachment by virtue of notice bearing no. TTNG/OQ/2023-24/1375-95 dated 26th March, 2024, issued against the petitioners, separately.
2. The specific case of the petitioners is that they are running the stone crusher units at village Druroo, Tehsil Tangmarg, District Baramulla, Kashmir for the last so many years and all the units of the petitioners have got registered from various department(s), after following the guidelines as required under law, besides seeking permission from the appropriate authorities to install the unit of their respective lines. The further case of the petitioners is that no objection certificates (NOC) were obtained by the petitioners for running the stone crusher units from various departments, the details of which finds mention in Para-6 of the writ petition. The petitioners have also placed on record NOC (s) issued by the respondent no. 3 in favour of the petitioners for running stone crusher units. Even the permanent registration certificate under Micro, Small & Medium Enterprises (MSME) has also been issued in favour of the petitioners by the Industries Department, pursuant to which the petitioners have also been granted consent to operate the stone crushers by the State Pollution Control Board by virtue of different consent orders issued in their favour on the strength of which the petitioners have been running their units strictly in conformity with section 25/26 of Water (Prevention of Control of Pollution Act 1974) and under section 21 of the Air (Prevention & Control of Pollution Act) 1981.
3. The petitioners through the medium of the instant petition are aggrieved of the notices dated 26th March, 2024, issued by the respondent no. 3, on the ground that the said authority i.e. the respondent no. 3 which has already granted NOC in favour of the petitioners and has allowed the petitioners to operate the stone crusher units has issued the impugned notice/order.
4. The case of the petitioners is that the impugned notices have been issued at the back of the petitioners without providing an opportunity of being heard to the petitioners and also by the same authority who has granted NOC in favour of the petitioners and even no ample time has been given to the petitioners to respond to the aforesaid notices.
5. The specific case of the petitioners is that the impugned notices have been issued despite the fact that the petitioners have fulfilled all the requisite formalities as envisaged under law and were running stone crusher unit for the last so many years.
6. Learned counsel for the petitioners submits that this Court has already considered identical matter being WP (C) 640/2024 and stayed the operation of the impugned notices therein.
7. Heard learned counsel for the petitioners at length and perused the record.
8. Prima facie, a case for indulgence and interim relief is made out.
9. Issue notice, which is accepted by Ms. Rekha Wangnoo, learned Government Advocate appearing vice Mr. Alla Ud Din Ganai, learned Additional Advocate General. She seeks and is granted four weeks time to file response.
10. List on 17th May, 2024.
11. In the meantime, subject to objections and till next date of hearing before the Bench, impugned notice bearing no. TTNG/OQ/2023- 24/1375-95 dated 26th March, 2024, issued by the respondent no. 3, in so far as it pertains to the petitioners, shall remain stayed.
Alteration, vacation and modification on motion.
;
(WASIM SADIQ NARGAL) JUDGE SRINAGAR 03.04.2024 Mubashir