S. No. 03 Suppl. IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 614/2025 CM(1507/2025) Ghulam Hassan Peer And Anr …Petitioner(s) Through: Mr. M. M. Shah, Advocate Vs. Union Territory Of J And K And Ors. ...Respondent(s) Through: Mr. Nouman Ali, GA CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 24.03.2025 1. Learned counsel for the petitioners at the outset placed reliance upon the order dated 02.08.2024, passed by this Court in a writ petition bearing WP(C) No. 1418/2024 and submitted that the case of the petitioners is identical to the case set up in the aforesaid writ petition. 2. Heard learned counsel for the petitioners and perused the material on record. 3. The petitioners are aggrieved of order No. 298 JK PCC of 2025 dated 08.01.2025 and order No. 296 JKPCC of 2025 dated 08.01.2025, issued by Member Secretary J&K PCC, the operative portions of which read as under: Order No. 298 JK PCC of 2025 dated 08.01.2025 “Now therefore, in exercise of powers vested with J&K Pollution Control Committee under Section 33 (A) of Water (Preservation and Control of Pollution) Act, 1974 and Section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981, read with Section 5 of Environment (Protection) Act, 1986 immediate closure of M/s Shalimar Builders Stone Crusher, Rakshalina Budgam- District Budgam is hereby ordered, with following directions: (i) The Deputy Commissioner/District Magistrate, Budgam, is directed to get the stone crusher under the name and style of M/s Shalimar Builders Stone Crusher, Rakshalina Budgam District Budgam, closed down immediately. (ii) Director, Department of Industries and Commerce Kashmir is directed to de-register the unit, if registered. (iii) The Executive Engineer Electric Division Budgam, Kashmir Power Distribution Corporation Ltd. (KPDCL), is directed to disconnect the electric supply to the above said stone crusher. (iv) The Executive Engineer, Jal Shakti Department, Division Budgam, is directed to disconnect the water supply to the above said stone crusher. (v) Mr. Mohd Muzaffer Shawal, Prop. M/s Shalimar Builders Stone Crusher, Rakshalina Budgam v –District Budgam is directed to cease the operation of the stone crusher forthwith. Order No. 296 JK PCC of 2025 dated 08.01.2025 “Now therefore, in exercise of powers vested with J&K Pollution Control Committee under Section 33 (A) of Water (Prevention and Control of Pollution) Act, 1974 and Section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981, read with Section 5 of Environment (Protection) Act, 1986 immediate closure of M/s Majid Stone Crusher, Rakshalina Budgam District Budgam is hereby ordered, with following directions: (i) The Deputy Commissioner/District Magistrate, Budgam, is directed to get the stone crusher under the name and style of M/s Majid Stone Crusher, Rakshalina Budgam District Budgam, closed down immediately. (ii) Director, Department of Industries and Commerce Kashmir is directed to de-register the unit, if registered. (iii) The Executive Engineer Electric Division Budgam, Kashmir Power Distribution Corporation Ltd. (KPDCL), is directed to disconnect the electric supply to the above said stone crusher. (iv) The Executive Engineer, Jal Shakti Department, Division Budgam, is directed to disconnect the water supply to the above said stone crusher. (v) Mr. Ali Mohd Mir, Prop. Majid Stone Crusher, Rakshalina Budgam District Budgam is directed to cease the operation of the stone crusher forthwith. 4. Learned counsel for the petitioners submits that petitioners have already approached the Deputy Commissioner, Budgam, for issuance of NOCs for their stone crusher units under the name and style of M/s Shalimar Builders Stone Crusher, Rakshalina Budgam & M/s Majid Stone Crusher, Rakshalina Budgam District Budgam. He further submits that applications of petitioners were processed by concerned Tehsildar but till date NOCs have not been issued in their favour. It is submitted by learned counsel for the petitioners that because of non- issuance of NOCs, order of closure of unit of the petitioners was issued by Pollution Control Board. 5. The short grievance of the petitioners is that the unit of petitioners, i.e. M/s Shalimar Builders Stone Crusher, Rakshalina Budgam & M/s Majid Stone Crusher, Rakshalina Budgam District Budgam have been closed by the Pollution Control Board vide orders dated 08.01.2025 because the Deputy Commissioner, Budgam has not considered their applications for grant of NOCs. 6. Learned counsel for the petitioners submits that the present writ petition may be disposed of in light of the directions passed by the Coordinate Bench in the aforementioned writ petition. 7. In the above backdrop, the writ petition is taken up for disposal at its threshold and is, accordingly, disposed of with a direction to Deputy Commissioner, Budgam, to consider the applications for issuance of NOCs in favour of petitioners’ units within a period of two weeks and, thereafter, respondents 1 and 2 shall process the case of petitioners for grant of consent to operate within two weeks thereafter. Till then orders impugned shall not be acted upon. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 24.03.2025 Aamir Amir Rashid Sofi I attest to the accuracy and authenticity of this document 25.03.2025 10:50