Jammu and Kashmir High Court
WP(C)/3706/2025 of M/S DURGA STONE CRUSHER TH BELI RAM SUDAN Vs UT OF J AND K TH. COMMISSIONER SECRETARY FOREST ECOLOGY AND ENVIRONMENT DEPTT AND OTHERS on 13 February 2026
OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3706/2025 CM No. 8482/2025 M/S Durga Stone Crusher Through Its Proprietor Sh. Beli Ram Sudan S/o Sh. Krishan Dutt R/o House No. 86, Patoli Mangotrian, Tehsil & District Jammu. …..Appellant(s)/Petitioner(s) Through: Mr. Ashwani
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 3706/2025
CM No. 8482/2025
M/S Durga Stone Crusher
Through Its Proprietor
Sh. Beli Ram Sudan
S/o Sh. Krishan Dutt
R/o House No. 86, Patoli Mangotrian,
Tehsil & District Jammu.
…..Appellant(s)/Petitioner(s)
Through: Mr. Ashwani Gupta, Advocate
vs
1. Union Territory of Jammu and
Kashmir
Through Commissioner Secretary
J&K Forest, Ecology &
Environment Department, Civil
Secretariat, Srinagar/Jammu
2. Commissioner Secretary,
Department of Geology and Mining,
Civil Secretariat, Jammu.
3. Chairman,
Jammu and Kashmir Pollution
Control Committee, Jammu
4. Member Secretary,
J&K Pollution Control Committee,
J&K, Jammu.
5. Divisional Officer,
Pollution Control Board (PCB)
Jammu
6. Regional Director,
Pollution Control Board (PCB)
Jammu
7. District Mineral Officer,
Geology and Mining Department,
Jammu.
.…. Respondent(s)
Through: Mr. Vishal Bharti, Dy. A.G for R-1, 3, 4, 5 &
Serial No. 01
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
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ORDER
(13.02.2026)
1. The petitioner, through the medium of this petition, seeking quashment of Circular No. JKPCC/PS/MS/2024/2678-84 dated 06.02.2024 issued by respondent No. 3 whereby, he has directed all the existing stone crushers to get the title of the land verification before granting the consent to operate, which is illegal and against the provisions of S.O 60 dated 23.02.2021 and SRO 302 dated 19.07.2017 called as “Jammu and Kashmir Minor Mineral Exploitation and Processing Rules, 2017.
2. The petitioner has also challenged the S.O 60 dated 23.02.2021 called the “Jammu and Kashmir Stone Crushers/Hot and Wet Mixing Plants Regulation Rules, 2021 which itself is against the provision of Mines and Minerals (Development and Regulation) Act, 1957”.
3. Pursuant to the direction passed by this Court on 29.12.2025 to respondent Nos. 2 & 3 to consider the application of the petitioner dated 13.09.2025 for granting consent, to operate within four weeks from the date of passing of the order, by passing a speaking order thereon, the respondents have passed the Order No. 02-JKPCC of 2026 dated 02.02.2026, which has been made produced by learned State counsel, whereby, the matter has been considered and found deficit of the requisite documents, thus, not qualifying the mandatory legal requirements for grant of CTO(R) and thus, refused.
4. Learned counsel for the petitioner, at this stage, submits that the petition be disposed of with liberty to the petitioner to challenge the Order No. 02-JKPCC of 2026 dated 02.02.2026 passed by the J&K Pollution Control Committee.
5. In view of the order passed by the respondents dated 02.02.2026 and the submission made by learned counsel for the petitioner, the writ petition is
disposed of with liberty to the petitioner to challenge the order dated 02.02.2026 passed by the respondents.
6. Disposed of.
(M A CHOWDHARY) JUDGE
Jammu 13.02.2026 Tarun/PS Tarun Kumar Gupta 2026.02.13 19:00 I attest to the accuracy and integrity of this document