‘Law doesn’t allow anyone to both approbate, reprobate’
*Says SO 60 valid legislation to facilitate infra development
Excelsior Correspondent
JAMMU, Mar 3: Making it clear that law doesn’t allow anyone to both approbate and reprobate, High Court of Jammu & Kashmir and Ladakh has held that policy decision of the State cannot be disturbed unless the same is found to be grossly arbitrary or irrational and Government has rightly liberalized the establishment of stone crusher units across the Union Territory by framing J&K Stone Crushers/Hot and Wet Mixing Plants Regulations Rules, 2021.
A bench of Justice Wasim Sadiq Nargal was dealing with the petition filed by the inhabitants of village Sheva Shirshu Doda questioning Standing Order (SO) 60 dated 23.02.2021 issued by Department of Geology and Mining, which according to the petitioners is in violation of the directions issued by the Division Bench of the High Court in Public Interest Litigation titled Mohammad Maqbool Lone Versus State and Others.
The petitioners also questioned the establishment of stone crusher unit in their areas, which according to them is against the mandate and spirit of judgment passed by the Supreme Court and is also against the provisions of the Water Resources (Regulation and Management) Act, 2010 and Water Resources (Regulation and Management) Rules, 2011.
The counsel for the petitioner questioned SO 60 of 2021 dated 23.02.2021 whereby J&K Stone Crushers/Hot and Wet Mixing Plants Regulations Rules, 2021 were notified on the ground that the same is contemptuous to the order passed by the Division Bench. “If the SO is allowed to be operated, it will defeat the purpose of environmental laws as well as the guidelines which have been framed by the Supreme Court”, the petitioners submitted.
Counsels for the respondents drew the distinction between SO 60 dated 23.02.2021 and SRO 302 dated 19.07.2017 and submitted that SO 60 of 2021 has been framed in exercise of powers conferred by Section 15 and Section 23C of the Mines and Minerals (Development and Regulation) Act. It was further submitted that the writ petition has been filed on misconceived, false and frivolous claim by relying upon the provisions of SRO 302 of 2017 which have since been repealed with the coming in force of SO 60 of 2021 dated 23.02.2021.
After hearing battery of lawyers for the respondents, Justice Wasim Sadiq Nargal observed, “on one hand the petitioners are relying on SO 60 of 2021 whereby they have projected that the respondent has not complied with the stipulation as envisaged in SO 60 and in the same breath, they are challenging the vires of the SO”, adding “the respondent has complied with the provisions of Rules which were prevalent in 2017 by obtaining NOCs from all the departments. Moreover, he has fully filled the criterion as per new rules promulgated vide SO 60 of 2021”.
“The counsel of the petitioners is blowing hot and cold in the same breath which is not permissible under law”, adding “the law does not allow anyone to both approbate and reprobate. A person cannot be allowed to have the benefit of an instrument while questioning the same”.
Stating that the policy decision of the State cannot be disturbed unless it is found to be grossly arbitrarily or irrational, Justice Nargal said, “the respondents have promulgated the SO 60 of 2021 with a view to promote ease by simplifying the things to encourage entrepreneurs to set up these plants to operate their stone crusher units by obtaining only two documents/clearances from
Deputy Commissioner and the Pollution Control Board”.
“It can safely be concluded that the policy framed by the Government vide SO 60 is a valid piece of legislation and cannot be interfered, which has in a way liberalized the establishment of stone crusher units”, High Court said, adding “it goes without saying that for the growth of the country and infrastructural development, the stone crusher industry plays a pivotal role and without operating the same, the development of the country will come to a standstill”.
Accordingly, High Court dismissed the petition.
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