Serial No. 108
Supplementary-1 Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 1968/2024
CM No. 5296/2024
Ghulam Mohi-ud-Din Sheikh & Anr.
Petitioner(s)
…
Through: -
Mr Saleem Gul, Advocate.
V/s
Deputy Commissioner, Kupwara and Ors.
… Respondent(s)
Through: -
Mr Bikramadeep Singh, Dy. AG.
CORAM:
Rahul Bharti, Judge.
H on’ble Mr Justice
(ORDER)
31.08.2024
01. Heard learned counsel for the petitioners.
02. Given the nature of issue being presented by the petitioners
through the medium of this writ petition, this Court reckons that a disposal
can be accorded to this writ petition at its inception.
03. The petitioner No.1 came to set up a stone crusher in the name
of M/s Makhdoomi Stone Crusher, Khumriyal, Kupwara at the site of a
land owned by his father-the petitioner No. 2 herein. The petitioner No.1 is
stated to have set up this stone crusher in the year 2007 and is running it on
continuous basis on the basis of due permissions from all the authorities
concerned.
04. In the light of a circular No. JKPCC/PS/MS/2024/2678-84
th
dated 6 of February, 2024 issued by the Chairman, Jammu & Kashmir
Pollution Control Committee requiring procurement and production of fresh
No Objection Certificate (NOC) from the Deputy Commissioner concerned
regarding title verification of stone crusher site land and its usage as one
time requirement before the case is submitted for renewal of Consent to
Operate, the petitioner No.1, joined by his father-petitioner No.2, processed
the case which resulted in issuance of a communication No. TK/OQ/24/473
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dated 27 of June, 2024 from the end of the Tehsildar, Kupwara to the
Additional Deputy Commissioner, Kupwara clearly setting out the facts and
circumstances in favour of petitioner No.1 so as to enable him to earn the
requisite verification for processing the renewal of his consent to operate,
but for reasons unrevealed to the petitioners, further process of the case has
got halted at the end of the Deputy Commissioner, Kupwara constraining
the petitioners to approach this Court.
05. Given the nature of controversy involved, this writ petition is
disposed of with a direction to the respondent No.1-Deputy Commissioner
(District Magistrate), Kupwara to take and conclude the exercise with
respect to issuance or non-issuance, as the case may be, of requisite title
verification certificate in favour of the petitioners as required in terms of
th
circular dated 6 of February, 2024 within a period of ten days from the
date of certified copy of this order to be submitted to the Deputy
Commissioner (District Magistrate) by the petitioners.
06. Disposed of, along with the connected CM.
(Rahul Bharti)
Judge
SRINAGAR
st
August 31 , 2024
TAHIR
“ ”
Tahir Manzoor Bhat
I attest to the accuracy and
authenticity of this
document