Excelsior Correspondent
Srinagar, Nov 25: The High Court today directed the J&K UT Government not to allow any stone quarrying activity with the forest area in Jammu and Kashmir.
Hearing the Public Interest Litigation (PIL) on unabated stone quarrying within the forest area of Jammu and Kashmir, the Division Bench of Justice Ali Mohammad Magrey and Justice D S Thakur while closing the PIL directed the UT Government to ensure that no stone quarrying is allowed within the forest area of JK UT.
The direction followed after the Government counsel submitted before the Division Bench that the stone quarrying within the forest area of Jammu and Kashmir has been stopped and the persons who have been dislocated in the said process stand rehabilitated by giving them alternative land at different sites for performing their quarrying activities.
Government counsel also submitted that with the closure of all the stone quarrying activities within the forest area, the public interest involved in the instant petition has been secured by the respondents and as regards the rehabilitation of the affected persons, they can seek redressal of their grievances, if any, in appropriate proceedings and not by way of a Public Interest Litigation.
“We close the Public Interest Litigation by directing all the authorities concerned to ensure that no stone quarrying is allowed within the forest area of Jammu and Kashmir”, the court said and also made it clear that in case, the petitioner, or other person, has any further grievance as regards the illegal stone quarrying within the forest area, he shall be at liberty to approach the Court again in appropriate proceedings.
A petition was filed by inhabitants of village Brah, Tehsil Shangus, alleging therein that a big chunk of land is being used for grazing purposes by the villagers for their cattle. However, the encroachers are running the stone quarry on the Government land in violation of the directions passed by the Supreme Court.
The Government Counsel submitted that the grievance projected by the petitioners in this petition stands already redressed by the authorities by stopping the illegal quarrying on the State land and that, in case, the petitioners bring any grievance as regards illegal quarrying being done on the State land within the knowledge of the authorities, then they will take all possible steps for ensuring stoppage of the same in terms of the rules.
“In view of the stand taken by the Senior Additional Advocate General, this petition shall stand disposed of with a direction to the petitioners that in case they still have any grievance as regards the illegal quarrying being done on the State land, they shall approach the concerned authorities for seeking redressal of the same”, read the order.
Upon any such request made by the petitioners, court added that the authorities shall consider the same and pass appropriate orders in accordance with rules and also in keeping with the directions passed by the Supreme Court on the subject.