PIL against stone crushers in Khanmoh area | HC asks Div Com Kashmir to pass speaking order

 J&K High Court, Srinagar
J&K High Court, SrinagarMubashir Khan/GK File

Srinagar: The High Court of J&K and Ladakh has asked Divisional Commissioner Kashmir to pass a “speaking order” on a representation by locals seeking not to allow

setting up of new factories including stone quarries and stone crushers in the agricultural or horticulture land in Khanmoh area in outskirts of Srinagar.

Disposing of a Public Interest Litigation(PIL) filed by residents of Lone Mohalla, Shah Mohalla and Chak Sangria village, a division bench of Chief Justice Pankaj Mithal and Justice Moksha Khajuria Kazmi observed that the court had earlier directed Divisional Commissioner, Kashmir to consider the grievances of the petitioner, if any, representation was filed in this regard.

The Court however pointed out that the petitioners were not in a position to apprise it, if any, such grievance was actually raised before the Divisional Commissioner, Kashmir and the representation was accorded consideration.

“In view of the limited prayer made in the petition that too without any factual pleadings as to if any such factory, stone crusher or any industry is being established in agricultural/orchard land in and around the residential areas of the petitioner, we dispose of this petition with liberty to the petitioner to raise their specific grievances in this regard, if any, before the Divisional Commissioner, Kashmir,” Court said.

The Court observed that in case any such grievances is raised by means of a representation, the Divisional Commissioner, Kashmir shall consider it in accordance with law most expeditiously and pass a “speaking order” after taking reports from any other authority he may deem fit and verifying the facts stated in the representation.

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