High CourtsSingle Bench(2023) 12 J&K CK 0028

Inhabitans Of Village vs UT Of Jammu & Kashmir

Jammu And Kashmir High Court · Decided on 19 December 2023

HON’BLE JUDGES
Puneet Gupta, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 4086 Of 2020, Civil Miscellaneous Case No. 4086, 4087 Of 2023 In Contempt Petition (S) No. 100 Of 2021

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 281 words

Puneet Gupta, J

1.

The petition is taken up for final consideration with the consent of learned counsel appearing for the parties.

2.

The petitioners, who claim to be the inhabitants of Village Chak Jaralan Nalla, have filed the present petition in representative capacity as they are aggrieved of the Hot Mix Plant being installed by the respondent No.10 as it is submitted that the same is not in being installed as per rules and regulations meant for installing such Plant. In case the said respondent carries on with the Hot Mix Plant, the same shall be hazardous to the public residing in the area.

3.

Objections have been filed by the respondents.

4.

Mr. S.S.Ahmed, learned Advocate appearing for the private respondent has submitted that the respondent is ready to remove the Hot Mix Plant which according to the reports filed by the official respondents is on the State land. The respondent shall install the Plant in his proprietary land after removing the same from the present spot regarding which the petitioners have grievance.

5.

In view of what has been stated by the learned counsel for the private respondent, the petition can be disposed of with the direction that the private respondent shall remove the Hot Mix Plant from the place where it is presently installed and is at liberty to install the same at his proprietary land or elsewhere after obtaining the necessary permission from the concerned Authorities. The respondent shall remove the Hot Mix Plant from the present spot within a period of fifteen days positively.

6.

The contempt petition also stands disposed of in view of the directions passed by the court in the writ petition.