Today, in the matter of Inhabitants of Sheva Shirshu Doda Vs UT of J&K & Ors, the High Court of Jammu and Kashmir held that 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 headed by Justice Wasim Sadiq Nargal hearing a plea challenging the Standing Orders of the Department of Geology and Mining, Government of Jammu and Kashmir. The petitioner mentioned that the orders are violating the directions issued by the Division Bench in PIL titled Mohammad Maqbool Lone versus State & others and the regulations are contradicting the provisions of Environmental Laws.

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 same, since on one hand he was relying 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.

In its reply, the Counsel member submitted that he would not press the prayer insofar as a challenge to SO 60 of 2021 dated 23.02.2021 is concerned and the statement to this effect was taken on record. During the arguments, Justice Nargal said that the counsel appearing on behalf of petitioners challenging the vires of said rules and on the contrary has also placed reliance on the same rules and by doing so is blowing hot and cold in the same breath, which is not permissible under law.

The Court also observed that the respondents have promoted easy and simplified things with a view to encouraging entrepreneurs to set up these plants so that they can operate their crusher units by obtaining only two documents from Deputy Commissioner and the Pollution Control Board.

Hence, the Court said that hence the Government S.O. 60 is a valid piece of legislation and cannot be interfered with.