Excelsior Correspondent
JAMMU, Apr 19: High Court has directed the Government to allow only those crusher units to operate which have been established in terms of Jammu and Kashmir Stone Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021.
The direction has been issued while disposing of petitions seeking direction to the respondents to allow them to procure raw material from lessees of the Geology and Mining Department.
“The respondents shall keep in view the communication of Under Secretary to Government, General Administration Department, bearing No.GDC/31/CM /2021 dated 5th of March, 2021, making a transitory provision for facilitating operation of the units under SO 60 of 2021 for a period of six months within which period the stone crusher units/hot and wet mixing plants shall obtain the consent to operate from the Jammu and Kashmir Pollution Control Board”, Justice Sanjeev Kumar said.
Justice Kumar further ordered that the stone crusher units which have been issued show cause notice(s) or have been directed to pay royalty and penalty shall be entitled to challenge the such order/orders by way of an appeal(s) under Rule 85 of Chapter XIII of SRO 105 of 2016 before the Director, Geology and Mining.
“They shall also be entitled to file further appeal before the Government as provided under the Rules. With a view to facilitate the availing of remedy of appeal as envisaged under SRO 105 of 2016 and going by the statement of F A Natnoo, Additional Advocate General, made under the instructions from the District Mineral Officer, Jammu, who is also present in the court, the penalties imposed or sought to be imposed shall be deemed to have been made Rule 70 of Chapter IX of SRO 105 and, therefore, appealable under Rule 85 of Chapter XIII”, High Court said.
“It shall not be open to the respondents to contend that the order of penalty passed or proposed to be passed against the erring stone crushers is under SRO 302, which now stands repealed vide SO 60 of 2021. The pending disposal of the appeal/appeals, if any preferred by the petitioners, the petitioners shall pay outstanding royalty/penalty in terms of communication No.MNG/Crusher/ 15/2021 dated 25th of February, 2021, and an undertaking in this regard shall be submitted to the competent authority”, High Court further said.
The payment of royalty/penalty to the respondents shall remain subject to final determination of the appeal(s) envisaged under SRO 105 of 2016 and the order/orders of penalty attaining finality in law, Justice Kumar said and ordered that the petitioners shall submit a formal undertaking to the District Mineral Officer concerned that they would operate their stone crusher units by using the raw material obtained from legitimate source(s) and that they will not extract or procure such raw material from river Tawi and will faithfully and sincerely adhere to the directions passed by the Division Bench in Public Interest Litigation titled Ashish Kumar Versus State & others.
“In case of any violation of the undertaking by the petitioners, the respondents shall be free to take any action against the petitioners as per law and in case the petitioners, whose electricity supply has been snapped by Power Development Department, fulfils the conditions and are permitted by the competent authority of Geology & Mining Department to operate their stone crusher units, their electricity connections shall be immediately restored by the authorities of Power Development Department””, High Court said.
Trending Now
E-Paper
Follow our WhatsApp channel