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2017 DIGILAW 34 (JK)

Global Stone Crusher v. State of J&K

2017-02-02

RAMALINGAM SUDHAKAR

body2017
JUDGMENT : 1. Two writ petitioners claim to be engaged in Stone crushing which requires the consent of Director Industries and Commerce and the approval of the Pollution Control Board. 2. The petitioners states that they have obtained provisional registration in November, 2012 for a period of two years. That provisional registration was objected to by some of public spirited persons on the premise that it was a polluting industry and the consent should not have been granted. OWP No. 121/2014 though was dismissed, since it was not properly prosecuted. In the meantime, provisional registration, which is granted for two years, lapsed. The petitioners, therefore, filed another application or request for grant of provisional registration or for extension/renewal of the provisional registration already granted and also the approval granted by the Pollution Control Board. The said request is dated 27.10.2016, Annexure-G page 51. No action appears to have been taken and the petitioners are forced to come up before the Court. 3. Mr. Ashish Kotwal, who put in appearance on behalf of respondents, states that on a limited scope the writ petition has been filed for grant of provisional registration by the Director Industries and Commerce Department and for grant of approval by the Pollution Control Board. 4. Accordingly, based on the request made by the petitioners, 4th respondent is directed to accord consideration to the claim of the petitioners for grant of provisional registration or approval for the purpose of establishing Stone Crushing Unit. On such approval/renewal, respondent Nos. 2 and 3 are directed to take up the claim of the petitioners for renewal or grant of consent for establishing the Stone Crushing Unit. 4th respondent is granted four weeks time to consider the claim of the petitioners on its own merits subject to petitioners’ complying with the requirement of law. Similarly, the Pollution Control Board shall consider the claim of the petitioners within four weeks thereafter after the grant of consent or renewal by the Director Industries and Commerce subject to petitioners’ complying with the requirement of law. 5. Writ petition is disposed as above.