Early Times Report
Jammu, Apr 19: Jammu and Kashmir High Court has directed the administration to allow crushers to operate that were established under J&K Stone Crushers/Hot and Wet Mixing Plants Regulation Rules 2021.
Justice Sanjeev Kumar while disposing petitions seeking direction to respondents to allow them to procure raw material from lessees of the Geology and Mining Department, directed that the units of the petitioners if established or found to have been established in terms of the Jammu and Kashmir Stone Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021 issued vide S.O 60 dated 23rd of February, 2021, shall be permitted to operate. The respondents shall keep in view the communication of Under Secretary to Government, General Administration Department, bearing No.GDC/31/CM /2021 dated 5th of March, 2021, making a transitory provision for facilitating operation of the units under S. O. 60 of 2021 for a period of six months within which period the stone crusher units/hot and wet mixing plants shall obtain the consent to operate from the Jammu and Kashmir Pollution Control Board.
Justice Sanjeev Kumar further ordered that the stone crusher units that have been issued show cause notice(s) or have been directed to pay royalty and penalty, shall be entitled to challenge the such order/orders by way of an appeal(s) under Rule 85 of Chapter XIII of SRO 105 of 2016 before the Director, Geology and Mining. They shall also be entitled to file further appeal before the Government as provided under the aforesaid Rules.
With a view to facilitate the availing of remedy of appeal as envisaged under SRO 105 of 2016, and going by the statement of F A Natnoo, Additional Advocate General, made under the instructions from the District Mineral Officer, Jammu, who was also present in the Court, the penalties imposed or sought to be imposed shall be deemed to have been made Rule 70 of Chapter IX of SRO 105 and, therefore, appealable under Rule 85 of Chapter XIII of the said SRO. It shall not be open to the respondents to contend that the order of penalty passed or proposed to be passed against the erring stone crushers is under SRO 302, which now stands repealed vide S.O. 60 of 2021. That pending disposal of the appeal/appeals, if any preferred by the petitioners, the petitioners shall pay outstanding royalty/penalty in terms of communication No.MNG/Crusher/ 15/2021 dated 25th of February, 2021, and an undertaking in this regard shall be submitted to the competent authority. The payment of royalty/penalty to the respondents shall remain subject to final determination of the appeal(s) envisaged under SRO 105 of 2016 and the order/orders of penalty attaining finality in law.
Justice Sanjeev Kumar further ordered that the petitioners shall submit a formal undertaking to the District Mineral Officer concerned that they would operate their stone crusher units by using the raw material obtained from legitimate source(s) and that they will not extract or procure such raw material from river Tawi and will faithfully and sincerely adhere to the directions passed by the Division Bench of this Court in Public Interest Litigation titled Ashish Kumar vs. State & others. In case of any violation of the undertaking by the petitioners, the respondents shall be free to take any action against the petitioners as per law and in case the petitioners, whose electricity supply has been snapped by Power Development Department, fulfils the conditions mentioned hereinabove and are permitted by the competent authority of Geology & Mining Department to operate their stone crusher units, their electricity connections shall be immediately restored by the authorities of Power Development Department so as to facilitate operation of their units, provided such units are not in default of payment of arrears of electricity dues. JNF
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