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2025 DAILYLAW 13400 (JK)

NAJMA KOSER v. UT OF J AND K TH COMMISSIONER SECRETARY IRRIGATION AND FLOOD CONTROL JAMMU AND OTHERS

WP(C)/2681/2025 · 2025-10-10

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2681/2025 CM No. 6159/2025 Najma Koser …..Appellant(s)/petitioner(s) Through: Mr. Ashok Sharma, Advocate with Assisting Counsel Vs UT of J&K and others .…. Respondents Through: None CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 10.10.2025 1. The petitioner, through the medium of present petition is seeking quashment of allotment of retail outlet dealership (petrol pump) for location “within 3 Km of Village Saranoo on Dhangri- Kalakote Road, District Rajouri”, made in favour of respondent no. 7. The petitioner has also sought a direction upon respondent Nos. 1 to 5 to adhere to the office memorandum dated 07.01.2020 and 16.08.2021 issued by Central Pollution Control Board. 2. Learned counsel for the petitioner has submitted that the site at which respondent No. 7 is going to install the retail outlet dealership (petrol pump) is adjacent to the river and, as such, it violates the various circulars/guidelines issued by Central Pollution Control Board in this regard. It has been submitted that the petitioner had made a representation to respondents No. 5 and 6 for cancellation of the allotment but no action is being taken by the said respondents. Sr. No. 2 WP (C) No. 2681/2025 CM No. 6159/2025 3. Learned counsel for the petitioner has submitted that the petitioner would feel satisfied if a direction is issued to respondents No. 5 and 6 to consider the representation of the petitioner in the light of the guidelines issued by the Central Pollution Control Board and take a decision thereon within a specified period of time. 4. In view of the above, the writ petition is disposed of with a direction to respondents No. 5 and 6 to accord consideration to the representation of the petitioner and take a decision thereon in accordance with law particularly in light of the guidelines/rules issued by the Pollution Control Board and take a decision thereon within a period of three weeks from the date a copy of this order is made available to the said respondents. 5. Disposed of. (SANJAY DHAR) JUDGE JAMMU 10.10.2025 Mahavir