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HIGH COURT OF JAMMU AND KASHMIR
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, J
M/S KASHMIR CEMENT INDUSTRIES – Appellant
Versus
J AND K POLLUTION CONTROL COMMITTEE AND ANR. (POLLUTION CONTROL BOARD) – Respondent
ORDER :
1. The petitioner through the medium of the present writ petition filed under Article 226 of the Constitution of India is seeking the following reliefs:
I. Writ in the nature of Mandamus or any other appropriate writ commanding the respondents, in due discharge of its statutory duty coupled with the circular dated 02.11.2018 and 05.02.2020, to accord consideration to the application for grant of Consent to Establish as processed by the petitioner firm.
2. The brief facts of the case are that the Petitioner Firm is a partnership firm represented by its Managing Partner was provisionally registered with the District Industries Centre Pulwama on 21.12.2017 for undertaking manufacturing and processing of Portland Cement. It is stated that since the Petitioner Firm was constituted with the intent of undertaking activity of manufacturing and production of Ordinary Portland Cement and that since the undertaking of any activity with respect to production and manufacturing of cement is categorized as “ A category Activity” by the Ministry of Environment, Forest and Climate Change, as per S.O.1533 (E) dated 14.09.2006, the grant of prior environment clearance by the MoEF is a mandatory
The court mandated that the respondents must consider the application for Consent to Establish in accordance with statutory requirements and within a specified timeframe.
In PIL against stone crusher for NOC violation, court held Pollution Control Board necessary party to verify breach, directed petitioner to approach it, and extended status quo pending decision.
Court directs authorities to consider representation against environmental clearance violations and decide on merits after hearing.
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