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HIGH COURT OF JAMMU &KASHMIR AND LADAKHAT SRINAGAR
RAJNESH OSWAL
Sahara Stone Crusher – Appellant
Versus
Ut of J&K – Respondent
JUDGMENT :
1. The petitioners are aggrieved of order dated 3rd August, 2021, whereby respondent No.4 has directed the petitioners to close/ relocate their industrial unit within 15 days, failing which they would suffer demolition of their industrial unit.
2. It is stated that the petitioners had established their stone crusher in the year 2007 on the land measuring 06 kanals comprising Survey Nos.651/212 and 655/211 situated at Village Nipora Tehsil and District Anantnag after completing all the requisite formalities. The petitioners have placed on record the license issued by the Department of Geology and Mining having validity from 17th March, 2018 to 16th March, 2023, NOC issued by the Additional Deputy Commissioner, Anantnag, dated 19th July, 2010, NOC dated 19th March, 2019, issued by the Divisional Forest Officer, Anantnag, NOC dated 12th October, 2006, issued by the Deputy Director, Fisheries, and the consent order dated 26th August, 2021, issued by the J&K Pollution Control Committee, to demonstrate that they had established their stone crusher under the banner of “M/S Sahara Stone Crusher” after obtaining the requisite NOCs and consent from the concerned Pollution Control Co
Consent from the Pollution Control Committee is mandatory for operating an industrial unit, and procedural fairness must be observed in administrative actions.
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.
Rule 36(1-A)(c) TNMMCR 1959 restricts layouts/building plans within 300m of quarries, not stone crusher units.
Stone crusher under construction must comply with environmental guidelines and obtain CTO before operation.
Stone crushers must comply with pollution control norms; non-payment of environmental compensation bars operations.
The court established that compliance with mining and environmental regulations is essential, and local grievances about noise and dust do not invalidate legal operations as long as relevant consents....
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