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| DB issues directions including closure of five stone crusher units | | | Jammu, July 24 : In a Public Interest Litigation (PIL) seeking removal of hot and wet mix plants established around the nallah and in the state land, a Division Bench (DB) of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi, directed Deputy Commissioners to close down the operation of atleast five stone crushers.
The stone crushers ordered to be closed include Fair Deal Macadam Plant and Stone Crusher, Sun-Shine Stone Cruher, GK Stone Crusher, Imperial Stone Crusher and Bismillah Stone Crusher. When the PIL was taken-up, Division Bench observed that In pursuance of directions issued by this Court in order dated 08/10/2013, the Court Commissioners, namely, R A Jan, Senior Advocate and M Y Bhat, Advocate, have submitted their report after spot inspection.
The report specifies distance of various Units from the edge of Mawar Nallah and also has highlights the nature of land on which the Stone Crushers or Hot Mix Plants have been set up. "The Court Commissioners have dealt with the M/s Rash Builders, Imperial Store Crusher, Bismillah Crusher, G. K. Stone Crusher, Fair Deal Macadam Plant and Stone Crushers, Sunshine Stone Crusher and Paramount Hot Mix Plant while three units, namely, M/s G. K. Stone Crusher, M/s Fair Deal Stone Crusher and M/s Imperial Stone Crusher have filed OWP no. 840/2012, OWP 740/2009 and OWP no. 848/2012. In all the cases, the interim orders passed by the Single Judge is that the Unit may operate subject to the condition that there is no legal impediment in their way. In OWP no. 848/2012, for example, the interim order is that M/s Imperial Stone Crusher-writ petitioner would be allowed to operate the Unit strictly in accordance with the Rules governing the field.
Upon this Division Bench observed that at this stage, it would be necessary to read the report of the Court Commissioners with respect to all the Units which have been named and dealt by the Court Commissioners in the preceding. After going through the report, Division Bench further observed that at the time of spot inspection no activity of extraction of stones and sand from Mawar Nallah was noticed, nor was it possible for us to ascertain and/or rather proof of the incidences of extraction of stones and sand from the Mawar Nallah. SHO concerned namely Bashir Ahmad, Inspector informed Division Bench that the said Units excepting Fair Deal Macadam Plant (sick Plant) were operational till 12/10/2013 when the local administration made the Unit holders to suspend the operations, probably in compliance with the orders of this Court."
The violation of various laws by the Stone Crushers and Hot Mix Plants has been highlighted by the Court Commissioners. Apart from the Units having been set up on kahcharai and Abi Awal land, the citing parameters have been violated with impunity. According to the Court Commissioners, the following Units are operating from the Bank of Nallah are Deal Macadam Plant and Stone Crusher, Sun-Shine Stone Cruher, GK Stone Crusher, Imperial Stone Crusher and Bismillah Stone Crusher and have completely violated the rules governing the citing parameters for setting up the Stone Crushers/Hot Mix Plants. Therefore, the conditional stay orders passed by the learned Single Judge in connected writ petitions cannot be relied upon for the purposes of continuous operation of such units merely because an interim order has been issued. In some cases, there are no interim orders leave alone the conditional stay order. "Meantime the Deputy Commissioners of respective Districts are directed to ensure immediate compliance of this order and file report within one week, court observed. On the other issue which has come to the forefront pertains to the policy which is required to be framed by the State Government for setting up the Stone Crusher Zones or zones for Hot Mix Plants. Advocate General M I Qadri, has pointed out that a Committee has been constituted which is headed by the Chief Secretary alongwith the Secretaries of concerned Departments.
Another issue highlighted in the orders passed by this Court pertains to the policy of the State with regard to extraction of minor minerals. The minor minerals which are extracted by the private parties, apparently, belong to the State and whether these are to be sold by holding an open auction or by other acceptable method has not been clarified to us. It appears to us that there is no policy of the State and there is a free hand given to the Unit Holders to extract minor minerals from water bodies or from the hills and the status report with regard to the policy of the State shall also be filed. Upon this Division Bench directed that the status report be filed within two weeks and directed Registry to list this PIL on August 18, 2014. |
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