M/S MAKHDOOMI STONE CRUSHER, KHUMRIYAL KUPWARA TH.ITS PROPRIETOR v. UNION TERRITORY OF J AND K (POLLUTION CONTROL COMMITTEE) AND ORS
WP(C)/482/2025 · 2025-08-01
Rajnesh Oswal
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6544 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 6544 (JK) · dailylaw.ai ]
Judgment text
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Serial No. 17 Regular Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C)/482/2025 CM/1143/2025
M/S MAKHDOOMI STONE CRUSHER, KHUMRIYAL KUPWARA
…Petitioner(s)
Through: Mr. Asif Ahmad Bhat, Advocate.
VERSUS
UNION TERRITORY OF J AND K AND ORS
…Respondent(s)
Through: Mr. Furqan Sofi, Advocate.
CORAM:
HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER 01.08.2025
1. The closure order No. 3/2015 dated 13th of April, 2015 (wrongly mentioned as 2025) was issued against the petitioner, but as contended by the petitioner the said
order was executed only vide order dated 30th of November, 2024, therefore, the petitioner has impugned both these orders on the ground that the same have not been issued in accordance with law.
2. Respondents have responded to the writ petition by submitting that the consent to operate (renewal) the Stone Crusher issued in favour of the petitioner was valid only upto October, 2014 and thereafter the
petitioner failed to obtain consent (renewal) from the answering respondents. Accordingly, the order in respect of the closure of the Stone Crusher in question was issued by the answering respondents. It is further averred that the petitioner, though applied for renewal of the consent to operate, but the application was refused on the ground, that the requisite pollution control devices and pollution control measures were not installed/undertaken by the petitioner.
3.
Learned counsel for the petitioner submits that the petitioner would comply all the necessary requirements for renewal of the consent to operate the stone crusher and, therefore, the present petition may be disposed of by directing the respondents to consider the request of the petitioner for renewal of the consent to operate the stone crusher in question in accordance with law.
4. Mr. Furqan Sofi, learned counsel appearing for the contesting respondents, has submitted that in the event the petitioner complies the requirements of the existing rules, the request of the petitioner for renewal of consent to operate the Stone Crusher shall be considered in accordance with law.
5. In view of the above, the present petition is disposed of by permitting the petitioner to apply afresh for renewal of consent to operate the stone crusher and the respondent-Pollution Control Committee shall consider the same in accordance with law and pass appropriate orders. Needless to say that the orders impugned in this petition shall not come in the way of consideration of the application of petitioner in accordance with law.
6.
Disposed of.
(Rajnesh Oswal)
Judge
SRINAGAR 01.08.2025 Shoaib