DB directs Govt to take action against crushers not following mandate of SO-60
STATE TIMES NEWS
JAMMU: A Division Bench of Jammu & Kashmir and Ladakh comprising Chief Justice (A) and Justice Rajesh Sekri disposed of a PIL and directed official respondents to examine whether owners of Stone Crushers in general and respondent in particular have been following mandate of SO 60 or not and if found not following the same, action in terms of admissible provisions be taken against them. Petitioners are also at liberty to approach the concerned authority, if respondent is still operating the stone crusher illegally without following due process.
DB after hearing Adv J A Hamal appearing for PIL observed that initially the petitioners filed writ petition on 20.12.2010 seeking directions to respondents to restrain the private respondent from operating stone crusher and extracting stones from the Nallah bed, which petition later was registered as a Public Interest Litigation vide order dated 13.12.2017 and objections were filed in 2011. The issues raised by the petitioners pertained to 2010. However, the things have been changed now as Government of Jammu & Kashmir, Department of Mining, Civil Secretariat, Jammu has issued Notification SO 60 dated 23.02.2021, whereby Government of J&K has made the Jammu and Kashmir Stone Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021, Rule 3(3).
DB observed that therefore, in view of making of Jammu and Kashmir Stone Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021, the PIL is disposed of with a direction to official respondents to examine whether owners of Stone Crushers in general and respondent in particular have been following mandate of SO 60 or not.