Jammu and Kashmir High Court
OWP/2165/2017 of GHULAM MOHI UD DIN RATHER AND ANOTHER Vs STATE OF JK AND OTHERS (FOREST) on 28 December 2017
OWP No. 2165/2017 Page 1 of 2 HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR OWP No. 2165/2017 MP No. 01/2017 Date of order: 28.12.2017 Ghulam Mohi Ud Din Rather and anr. vs. State of J&K and others Coram: Hon’ble
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HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
OWP No. 2165/2017 MP No. 01/2017
Date of order: 28.12.2017
Ghulam Mohi Ud Din Rather and anr. vs. State of J&K and others
Coram:
Hon’ble Mr Justice Janak Raj Kotwal, Judge Appearance:
For petitioner/appellant(s): Mr. Parvaiz Nazeer, Adv.
For respondent(s):
Notice.
Mr. B. A. Dar, Sr. AAG, waives notice on behalf of the respondents.
Having regard to the grievance of the petitioners and the relief sought, this writ petition is admitted to hearing and taken up for final disposal at its threshold.
On this writ petition coming up, learned counsel for the petitioners states at the outset that no saw mill is being operated by the petitioners and this writ petition may be treated petitioners’ grievance only to the extent of closure of rice husking unit. His statement is taken on record.
Learned counsel for the petitioners passes on a copy of Circular No. SPCB/LS/66/05/323-324 dated 25.05.2005 issued by the Government of Jammu and Kashmir, State Pollution Control Board, Srinagar, which is taken on record.
The impugned order No. 08 of 2017 dated 22.04.2017 on a plain look would show that, while passing the order for closure of two industrial unit, that is, saw mill and rice husking unit of the petitioners, respondents have not accorded consideration to the aforementioned Circular in regard to the operation of rice husking unit inasmuch as the order does not show as to why the benefit of the said Circular is not available to the petitioners.
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OWP No. 2165/2017 Page 1 of 2
This writ petition is disposed of by providing that respondent No. 2, Chairman, Pollution Control Board, Jammu/Srinagar, who has passed the impugned order shall reconsider the matter in light of the aforementioned Circular, after providing the petitioners opportunity of being heard and pass a fresh order. The fresh order shall be passed within four weeks hereafter and till a fresh order is passed, impugned order to the extent of rice husking unit shall remain in abeyance. Petitioners shall produce a copy of this order in the office of respondent No. 2 within week’s time.
Disposed of.
(Janak Raj Kotwal) Judge Srinagar: 28.12.2017 Rakesh __________________________________________________________________________________
OWP No. 2165/2017 Page 2 of 2