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2001 Supreme(J&K) 266

T.S.DOABIA
Mahesh Chand Chopra – Appellant
Versus
Pollution Control Board, J&K – Respondent


Advocates Appeared:
Advocate For Appellant: V.R. Wazir
Advocate For Appellant: Sunil Sethi
Advocate For Respondent: A. Wadhwa

1. An order passed by the Jammu and Kashmir Pollution Control Board, whereby the petitioner has been called upon not to carry on the activity of stone crushing in the area in which he is so carrying on is the subject matter of challenge in this petition.

2. A notice regarding the above action was issued by the respondents on 16th November 99.

3. The learned counsel for the petitioner submits that he is carrying this activity in pursuance of the permission granted by the Industries department in the year 1981. This has been placed on the record as Annexure-A. It is thus submitted that once this permission is granted, no impediment can be created by the Board in question and the petitioner cannot be called upon to stop the stone crushing activity.

4. The first declaration on the subject where the Supreme Court intervened and called upon the State authorities to see that stone crushing units do not disturb the ecological balance is reported as MC Mehta Vs. Union of India, (1092) 3 SCC 256. In pursuance of this decision, the State authorities in various parts of the country took steps with a view to see that the air pollution which is caused on account of stone crushing is minimized and t

























































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