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| Act against crusher owners not following mandate of S.O. 60: High Court directs Govt | | | Early Times Report
Jammu, Dec 22: A Division Bench of Jammu & Kashmir and Ladakh High Court has directed the government to take action against crusher owners who are not following the mandate of S.O. 60.
The division comprising disposed of PIL and directed official respondents to examine whether the owners of stone crushers in general and respondent No.6 in particular have been following the mandate of S.O. 60 or not.
“It is made clear that if owners of stone crushers as well as respondent No.6 are not following the mandate of S.O. 60, action in terms of admissible provisions as on today be taken against them. Petitioners are also at liberty to approach the concerned authority, if respondent No.6 is still operating the Stone Crusher illegally without following the due process,” the court ordered.
The DB after hearing Advocate J A Hamal appearing for the PIL observed that initially the petitioners filed the writ petition on 20.12.2010 seeking, besides other prayers, to command the official respondents to restrain the private respondent from operating the stone crusher and extracting stones from the nallah bed, which petition later on came to be registered as a Public Interest Litigation vide order dated 13.12.2017. Objections to the petition came to be filed in the year 2011. The issues raised by the petitioners pertained to the year 2010. However, the things have been changed now as the Government of Jammu & Kashmir, Department of Mining, Civil Secretariat, Jammu has issued Notification S.O. 60 dated 23.02.2021, whereby the Government of J&K has made the Jammu and Kashmir Stone Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021, Rule 3(3).
The DB observed that therefore, in view of making of the Jammu and Kashmir Stone Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021, this PIL is disposed of with a direction to official respondents to examine whether the owners of stone crushers in general and respondent No.6 in particular have been following the mandate of S.O. 60 or not.
It is made clear that if owners of stone crushers as well as respondent No.6 are not following the mandate of S.O. 60, action in terms of admissible provisions as on today be taken against them.
Petitioners are also at liberty to approach the concerned authority, if respondent No.6 is still operating the Stone Crusher illegally without following the due process. JNF |
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