M/S KAHKASHAN STONE CRUSHER LAPORA TANGMARG v. UNION TERRITORY OF J AND K (POLLUTION CONTROL) AND ORS
WP(C)/80/2025 · 2025-01-15
Mohd Yousuf Wani
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6037 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6037 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 39 Suppl. List IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 80/2025 CM No. 184/2025
M/S Kahkashan Stone Crusher Lapora Tangmarg …Petitioner(s) Through: Mr. Asif Ahmad Bhat, Adv. Vs. UT of Jammu and Kashmir and Ors. ...Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
ORDER 15.01.2025
01. The petitioner is aggrieved of the Order bearing No. 2587 JK PCC of 2024 dated 13th December, 2024, issued by the respondent no. 2, whereby, his Stone Crusher has been ordered to be closed and seeks the quashment and setting aside of the same on the main ground that he has already immediately after the expiry of validation period of the consent to operate, applied for renewal before the Competent Authority i.e., Jammu and Kashmir Pollution Control Committee, but the same has not
been decided despite the fact that petitioner has also paid the requisite fee for renewal of the consent order.
02. It is submitted by learned counsel for the petitioner that impugned closure order dated 13th December, 2024, is bad under law because the respondents were supposed to decide the application of the petitioner for renewal of the consent to operate and instead they have slept over the matter which has been causing undue hardships to the petitioner. It is further submitted by learned counsel that after filing the application for renewal of the consent to operate, the respondents did not raise any query or make mention of any deficiency in terms of any requisites and had the same been raised, the petitioner would have made the deficiency good.
03. In the facts and circumstances of the case, this Court is of the opinion that this petition can be disposed of at its threshold stage by passing appropriate directions which are not likely to prejudice the interests of respondents.
04. Accordingly, the instant petition is disposed of with the direction to the respondents to decide the application of the petitioner reported to have been already submitted to them through online portal within a period of four weeks from the date a certified copy of this Order is made available to them. The petitioner is given liberty to approach the offices of the
respondents or any of them as required for his assitance in the early completion of the process on the application in accordance with law. The respondents are also directed that they shall, pending and subject to the outcome of the application for renewal of consent to operate, allow the petitioner to operate his Stone Crusher during the said period of four weeks.
05. Disposed of in the aforesaid terms.
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR: 15.01.2025
“Shamim Dar”