Excelsior Correspondent
SRINAGAR, Apr 24: High Court dismissed the plea of stone crusher unit holders seeking their units to be allowed to operate on the State land.
Justice Sindhu Sharma dismissed the plea citing that the unit holder owners instead of approaching the concerned authorities for requisite permission to operate the units approached the Court seeking directions which cannot be granted to them. “There is no merit in this petition and the same is accordingly dismissed,” High Court said.
The contention of the unit holders was that they had applied for the installation of stone crushers at Duroo Shrai Nallah in Baramulla and were granted permission to operate the same.
After the requisite permission, they have taken land on rent, executed lease deed and invested huge amount in the installation of their units, mobilized men and machinery. They have also taken financial assistance from other institutions, and set up their units, which are in operation for more than nine years.
They alleged that the authorities, instead of allowing them to operate their units as per the orders of the competent authority are creating hurdles in their smooth functioning, as such, were left with no other recourse but to approach this Court by way of present petition seeking a direction to the respondents to allow them to operate their units smoothly.
The authorities in their objections submit that the petitioner-unit holders have established their units of Stone Crushers at Duroo Shrai Nallah, Tehsil Tangmarg, District Baramulla in violation to the rules and regulations laid down under the J&K Water Resources (Regulation & Management) Act and their plea is not maintainable in view of the directions passed by this Court in a PIL titled ‘Molvi Peer Noor Ul Haq Vs. Chief Engineer and others’.
Court has been informed that the Irrigation and Flood Control Department has not issued any NOC, which was pre-requisite for establishment of the unit and in absence of the same; they cannot continue the operation of Stone Crushers in the aforesaid area as the same is State Land.
The authorities submitted that these units are extracting material from nallah banks/bed which is endangering banks as well as inhabitants of the area. They are a severe threat to the Nallah Course and the Water Body and also the obstruction is caused by these units in the flow of water which can increase the threat to the embankments of the Nallah considerably thereby threatening the life and property of the inhabitants residing nearby the same.
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