Monday, October 3, 2022

Jammu and Kashmir High Court disposes PIL seeking no construction in residential area of petitioner

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The Jammu and Kashmir High Court on 10th May, disposed of a Public Interest Litigation (PIL) seeking a direction upon the State-respondents not to allow establishment of new factories, stone quarries, stone crushers or any other kind of factory in and around the residential areas of the petitioners and the orchid and agricultural land around the locality of the petitioners.

The petitioners are the inhabitants of Lone Mohalla, Shah Mohalla and Chak Sangria Village Sakinat.

In the matter , the Court had earlier directed the Divisional Commissioner, Kashmir, Srinagar to consider the above grievances of the petitioner, if any, representation to that effect is filed.

The petitioner is not in a position to apprise the Court, if any, such grievance was actually raised before the Divisional Commissioner, Kashmir, Srinagar and the representation in that regard was accorded consideration, noted the Division Bench of Chief Justice Pankaj Mithal and Justice Moksha Khajuria Kazmi.

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/orchid land in and around the residential areas of the petitioner,

The Bench dispose of the petition with liberty to the petitioner to raise their specific grievances in this regard, if any, before the Divisional Commissioner, Kashmir, Srinagar and “in case any such grievances is raised by means of a representation,

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”, the Court directed.

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