HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU Case: WP(C ) 2387/2024 Inhabitants of village Mandiwala Bandwal and others ….Petitioner(s) Through :- Mr. Anil Khajuria Advocate. V/s UT of Jammu and Kashmir and others Through :- Ms Monika Kohli Sr. AAG Mr. Mr Ravinder Gupta AAG Mr. Vivek Matoo Advocate vice Mr. Vishal Bharti Dy.AG. Mr. Jasbir Singh Jasrotia Advocate. CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 1 By this petition, the petitioners have prayed for the following reliefs: (i) Quashment of Change of Land Use/permission bearingNo.DCJ/SQ/CLU/Permission/2023-24 with endorsement No. DCJ/CLU/190 dated 22.03.2024 and Consent No. PCC/Digital/24014191594 of 2024 dated 15.06.2024 issued in favour of respondent No.19, namely, Smt. Pooja Devi, proprietor of M/s Shri Keshav Industries, for establishment of a PVC pipe manufacturing unit in a non-conforming/residential-cum-agricultural area, allegedly in contravention of the order dated 22.01.2022 passed by the National Green Tribunal in OA No. 247/2017, read with Government Order No. JKPCC/05/2024 dated 05.01.2024 and Article 21 of the Constitution of India. (ii) A direction to the official respondents to recall the aforementioned CLU and Consent. 2 (iii) A direction for demolition of the unauthorized structure/shed constructed by respondent No.19 for installation of the industrial unit without requisite permissions. (iv) A direction to respondent No.18 to conduct a thorough probe into the matter and take appropriate legal action against erring officials for abuse of office and grant of permissions in violation of statutory provisions. (v) An injunction restraining all respondents from proceeding with any further construction, installation, or operation of the said industrial unit in the subject area and from issuing any further permissions/NOCs in that regard. 2 On 14.10.2024, this Court while issuing notice to the respondents directed that no industry shall be established on the land in question until further orders. The said order was challenged by respondent No.19 before the Division Bench of this Court. The Division Bench vide its order dated 08.11.2024, while relegating the matter to the writ Court for adjudication, permitted respondent No.19, being allegedly in possession of requisite permissions, to proceed with establishment of the industrial unit, but restrained her from commencing operations pending decision of the writ petition. 3 During the course of proceedings, this Court on 26.05.2025 inquired from the learned counsel for the petitioners as to whether the petitioners had availed the statutory remedy by approaching the Divisional Commissioner, Jammu under Section 133-C of the J&K Land Revenue Act. On the subsequent date, i.e., 01.07.2025, learned counsel for the petitioners submitted that an appeal had in fact been filed before the Divisional Commissioner, Jammu, on 17.09.2024 but the same is still pending adjudication. 4 Today, when the matter was taken up, learned counsel for the parties jointly submitted that an appeal is presently pending before the Divisional 3 Commissioner, Jammu. In view of the pendency of the said statutory proceedings, they submit that this writ petition may be disposed of with liberty to the parties to pursue the said remedy. 5 Having regard to the above and in light of the fact that the parallel proceedings on the same issue cannot be entertained simultaneously, the present writ petition is disposed of with the consent of the parties by directing that the parties shall pursue the pending appeal before the Divisional Commissioner, Jammu, who shall decide the same strictly in accordance with law, after affording due opportunity of hearing to all the affected parties. It is expected that the Divisional Commissioner, Jammu shall consider and dispose of the appeal of the petitioner expeditiously, preferably within a period of two months from the date of appearance of the parties before him. The parties shall appear before the Divisional Commissioner, Jammu, on 21.07.2025. Till such time the appeal is decided, respondent No.19 shall not commence operations of the industrial unit, notwithstanding any construction or installation that may have taken place pursuant to permissions issued in her favour. Disposed of accordingly. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 08.07.2025 Sanjeev