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HC seeks Govt reply to PIL on pollution by cement factories in south Kashmir
10/27/2015 1:06:18 AM
Early Times Report

Srinagar, Oct 25: The state High Court on Monday directed state government to file objections to a Public Interest Litigation seeking direction to control pollution by cement factories in Pampore area in south Kashmir’s Pulwama district.
A division bench of the court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan directed the government through Chief Secretary to file the reply to the PIL within a week.
Besides, the court also issued the notice to Commissioner Secretary Forest Department, Division Commissioner Kashmir, Deputy Commissioner Pulwama, chairman of State Pollution Control Board, Directors of floriculture, agriculture and horticudlture as well as proprietors of six cement factories at Khrew.
The PIL has been filed by seven by residents of Khrew and Wuyan through advocate Mohammad Ashraf Wani.
They also seek directions to government to stop commissioning of new cement plant (Mehboob Cement project) with carrying capacity of 600 metric tones at Wuyun Khrew.
They seek directions to prevent, control and abate the environmental pollution caused by existing cement plants.
“The cement plants owned by the government and other private persons be directed to adhere to the safety measures with an undertaken by them when NOCs are issued. Furthermore, the registration/NOCs be cancelled viz-a-viz the cement plants which violate the safety measures required for controlling, abating and preventing air pollution,” the petitioners said.
The respondents, they said, be directed to conduct detailed survey of the area and the representations filed by the residents be considered and accordingly the commissioning of the new cement plants be disallowed in the area.
The petitioners also seek direction to the State Pollution Control Board to visit on spot and conduct extensive study of the pollution caused by the cements plants and stop the functioning of such cement plants which do not adhere to the pollution control devices and other measures as provided under rules.
“The state is bound to follow the cherished principles of law which have emerged in environmental jurisprudence as laid down in various international treaties, protocols and the domestic law and the principles laid down by the Supreme court and various High Courts.”
The petitioners have also appended with the petition a site plan showing location of cement plants including the proposed site for Mehboob Cements viz-a-viz the residential area, hospital, school and the irrigation canal. Besides, an ancient temple, which is visited by hundreds of tourists from all over India, is also located in the vicinity.
“The Wuyun and Khrew area are famous for saffron cultivation. The government of India and the state government has started project of namely Saffron Mission and huge money is invested to encourage saffron cultivation and to increase the production of saffron.
However, it is paradoxical in the same area cement plants are being commissioned without any check which is illogical and self destruction of economy,” the petitioners said.(JNF)
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