Stone Crusher Industry Plays Pivotal Role In Country's Development, Govt Policy Has Liberalized Mining Regime: J&K And Ladakh High Court

The bench of Justice Wasim Sadiq Nargal observed:

"The growth of the country and infrastructural development, the stone crusher industry plays a pivotal role and without operating the same, the development of the country will come to a standstill".

The bench was hearing a plea challenging the Standing Order (SO) dated February 23, 2021, issued by the Department of Geology and Mining, Government of Jammu and Kashmir, which according to the petitioners was in violation of the directions issued by the Division Bench in PIL titled Mohammad Maqbool Lone versus State & others. It was also argued that the regulations are contrary to the various provisions of Environmental Laws.

It was also contended that if the SO is allowed to operate, it will defeat the purpose of environmental laws as well as the guidelines which have been framed by the Supreme Court of India and the Division Bench.

During the arguments, the court had put a specific query to the counsel for the petitioner as to whether he is seeking reliance on S.O. 60 of 2021 or challenging the the same, since on on one hand he was relying that on S.O. 60 of 2021 and projecting that the respondent No.11 - who is in process of installing a stone crusher in a village of Doda district, had not complied with the stipulation as envisaged in SO 60 and in the same breath he was challenging it.

To this query from the bench, the counsel submitted that he would not press the prayer insofar as challenge to SO 60 of 2021 dated 23.02.2021 is concerned and the statement to this effect was taken on record.

Observing that a person cannot be allowed to have the benefit of an instrument while questioning the same, Justice Nargal said that the counsel appearing on behalf of petitioners, on one hand is challenging the vires of said rules and at the same time, has also placed reliance on same rules and by doing so, is blowing hot and cold in the same breath, which is not permissible under law.

Pointing out to the fact that the policy of the State is not disturbed unless it are found to be grossly arbitrarily or irrational, Justice Nargal observed that the respondents by promulgating the order S.O 60 of 2021 have promoted ease and simplified the things with a view to encourage entrepreneurs to set up these plants and to operate their crusher units by obtaining only two documents/clearances from Deputy Commissioner and the Pollution Control Board.

Highlighting the role of stone crushing industry in the growth and development of the country, the court said that any impediments in the process can bring the development to standstill and hence the Government S.O. 60 is a valid piece of legislation and cannot be interfered with.

Case Title: Inhabitants of Sheva Shirshu Doda Vs UT of J&K & Ors

Citation: 2023 LiveLaw (JKL) 42

Coram: Justice Wasim Sadiq Nargal

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