The court mandated that the respondents must consider the application for Consent to Establish in accordance with statutory requirements and within a specified timeframe.

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 requirement before undertaking any production activity pertaining to establishing of a cement plant. Accordingly, the petitioner applied for Environment Clearance and the Ministry of Environment Forest and Climate Change issued Environment Clearance Notification on 11th September, 2020. Thereafter, the Petitioner Firm was applied for No Objection Certificate (NOC) which was accorded by the various departments. After the issuance of the Environment Clearance and NOC, the petitioner firm on 23rd September, 2020 applied before the respondent no. 1- J & K Pollution Control Committee for Consent to Establish (CTE) to be issued while exercising powers under Section 25 25 of The Water (Prevention and Control of Pollution) Act, 1974 , and section 21 of The Air (Prevention and Control of Pollution) Act, 1981 .

3. It is submitted by learned counsel that the petitioner applied for Consent to Establish the said unit before the respondent no 1, who is competent authority, which till date has not been considered, which is against the statutory mandate of The Water Pollution ( Prevention & Control) Act and The Air Pollution (Prevention & Control) Act, as also the circulars dated 02.11.2018 and 05.02.2020.

4. Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the present writ petition is disposed of, at this stage by directing the respondents to treat the writ petition as representation and to accord consideration to the same in accordance with law, within some reasonable timeframe.

5. Issue notice.

6. On the asking of the Court, Syed Musaib, learned Deputy Advocate General enters appearance on behalf of respondents and is not averse to the disposal of the present petition at this stage or else to the prayer made by the counsel for the petitioner. However, he submits that the case of the petitioner would be considered in accordance with the rules and as per law occupying the field.

7. Heard learned counsel for the parties and perused the record.

8. With the consent of learned counsel appearing for the parties, the present writ petition is taken up for final disposal at this stage.

Accordingly, the same is disposed of with a direction to the respondents to treat this writ petition as representation on behalf of the petitioner and to accord consideration by passing speaking order within a period of four weeks from today strictly in conformity with the rules and as per law and the order of consideration which is likely to be passed be forwarded to the petitioner by registered post.

9. Writ petition disposed of along with connected CM in the manner as indicated above.