STONE CRUSHER/TILES UNIT ON AGRICULTURAL LAND
FOLLOW UP
Vivek Sharma
JAMMU: Brazen violations have been detected in the no objection certificate (NoC0 granted by the Jammu and Kashmir Government to Forest Minister’s son to set up stone crusher and a tiles unit near Dhanna village in tehsil Basohli of district Kathua.
The revelations have been made in a measurement report submitted in Jammu and Kashmir High Court by Advocate Ankur Sharma.
On November, 12, 2016, the High Court had directed appointment of a qualified Public Works Department (PWD) official to conduct fresh measurement between the stone crusher, owned by Forest Minister Lal Singh’s son, and other public utilities like schools and hospitals in the close vicinity.
The measurement, conducted by using electronic gadgets (GPS hand held) to measure the exact distances, reveals that distance from the unit site to a hospital is only 468 meters even though, according to the rules and guidelines of J&K State Pollution Control Board, the distance from should must be over 2 kilometers, said advocate Ankur Sharma.
“The forest area from the factory site should be a minimum of one kilometer. However, the Forest Minister’s son’s stone crusher-cum-tiles factory is merely 808 meters away from the forest range”, Advocate Sharma said, adding that similarly the nearest residential area must be at least half a kilometer from the site of unit but the factory is hardly 323 meters away.
“These three violations have been ignored due to political pressure, he said, adding that the BJP minister has used all his men and machinery to encroach the land.
The case relates to the writ petition filed by one Rattno Devi and 23 others, inhabitants of village Dhanna of tehsil Basohli in district Kathua, challenging Government Order No.100-Rev(S) of 2016 dated August, 4, 2016, issued by Commissioner/Secretary, Revenue Department, whereby son of the Forest Minister was allowed to utilise the paddy growing irrigated agricultural land for industrial and commercial purposes.
The J&K High Court had directed that the measurement should be got carried out from a duly qualified person of PWD by associating a representative deputed by the petitioners, who would be at liberty to submit proof with regard to the distance of the site where the stone crusher is to be established from the public utilities.
On July 28, 2016, the High Court had ordered status quo on construction of stone crusher and tiles unit owned by the son of Minister for Forest, Ecology & Environment Choudhary Lal Singh.
The direction was issued on a petition filed by the residents of villages Dhanna and Barrah in district Kathua through Advocate Ankur Sharma, seeking cancellation of all NOCs issued in favour of Forest Minister’s, son Divya Suraj Partap Singh, violating all norms and rules.
The villagers had sought relief from illegal, arbitrary, unreasonable and whimsical approach adopted by the senior government officers by allowing Divya Suraj Pratap Singh to set up around Rs 12 crore worth stone crusher and tiles unit on the paddy growing irrigated agricultural land near thickly populated area.
Citing an RTI reply, the petition stated that letter No. OQ/35 dated June 14, 2016 titled ‘Title Verification’ issued by Tehsildar Kathua had mentioned that the kind of soil on which Forest Minister Lal Singh’s son wanted to install the unit.
The RTI reply also contained an NoC DCK/HQ/2016-17/316-17 dated July 7, 2016 issued in favour of the unit by the Office of Deputy Commissioner Kathua wherein the DC Kathua referred to the title verification issued by Tehsildar Kathua, (describing the soil type as ‘Pail Nehari’) and observed that given this title verification, “this office has no objection against the installation of the stone crusher and tiles unit’.
The inhabitants had taken the plea that this unit will pollute the nearby residential areas. They had also alleged that hundreds of kanals of government land has been encroached.
Advocate Ankur Sharma said, the Chairman State Pollution Control Board, Jammu had prescribed a revised and approved criteria with respect to new stone crushers vide its office order No. SPCB/PS/CH/PA/IV/131-135 dated February 2004. However, in this case, all rules were violated.
The petition sought quashing the consent order No. 401 of 2016 dated June 29, 2016 issued by J&K State Pollution Control Board in favour of the unit. He has also sought cancelation of all NOCs granted in favour of M/s Rawi Stone Crusher LLP village Dhanna for setting up the unit producing stone crusher material, hot mix material and cement bricks/blocks/ pavers/tiles.
“In the documents, the stone crusher has been shown to be set up over 7 Kanals of land while on ground it is spread over 100 Kanals of State land, encroached by the Minister’s son,” said Advocate Ankur Sharma.
