HC Directs Govt To Allow Stone Crushers To Operate Freely Under Regulation Rules 2021

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Jammu, April 19: Justice Sanjeev Kumar while disposing petitions seeking direction to respondents to allow them to procure raw material from lessees of the Geology and Mining Department, directed that the units of the petitioners if established or found to have been established in terms of the Jammu and Kashmir Stone Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021 issued vide S.O 60 dated 23rd of February, 2021, shall be permitted to operate.

The respondents shall keep in view the communication of Under Secretary to Government, General Administration Department, bearing No.GDC/31/CM /2021 dated 5th of March, 2021, making a transitory provision for facilitating operation of the units under S. O. 60 of 2021 for a period of six months within which period the stone crusher units/hot and wet mixing plants shall obtain the consent to operate from the Jammu and Kashmir Pollution Control Board.

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Justice Sanjeev Kumar further ordered that the stone crusher units that have been issued show cause notice(s) or have been directed to pay royalty and penalty, shall be entitled to challenge the such order/orders by way of an appeal(s) under Rule 85 of Chapter XIII of SRO 105 of 2016 before the Director, Geology and Mining.

They shall also be entitled to file further appeal before the Government as provided under the aforesaid Rules.