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Judgment
Ali Mohammad Magrey, J
PIL No.1553/2011:
This Public Interest Litigation (PIL) revolves round the subject of unabated stone quarrying within the forest area of Jammu and Kashmir.
Mr Dar, the learned Senior Additional Advocate General, submits that the stone quarrying within the forest area of Jammu and Kashmir has been stopped and that the persons who have been dislocated in the said process stand rehabilitated by giving them alternative land(s) at different sites for performing their quarrying activities. The learned Senior Additional Advocate General submits that with the closure of all the stone quarrying activities within the forest area, the public interest involved in the instant petition has been secured by the respondents and as regards the rehabilitation of the affected persons, the said persons can seek redressal of their grievances, if any, in appropriate proceedings and not by way of a public interest litigation. The submission of Mr Dar, the learned Senior Additional Advocate General, has force. Accordingly, we close the Public Interest Litigation by directing all the authorities concerned to ensure that no stone quarrying is allowed within the forest area of Jammu and Kashmir. We also make it clear that in case, the petitioner, or for that matter any other person, has any further grievance as regards the illegal stone quarrying within the forest area, he shall be at liberty to approach the Court again in appropriate proceedings.
PIL disposed of as above, alongwith all connected CMs.
CPOWP No.516/2015
In view of the order passed hereinabove in the main PIL, this contempt petition shall stand closed.
OWP No.1665/2017:
This petition is filed by inhabitants of Village Brah, Tehsil Shangus, alleging therein that a big chunk of land is being used for grazing purposes by the villagers for their cattle, however, the private respondents are running the stone quarry in the above said state land in violation of the directions passed by various Courts of the country, including Hon'ble the Supreme Court
Mr Dar, the learned Senior Additional Advocate General, submits that the grievance projected by the petitioners in this petition stands already redressed by the respondents by stopping the illegal quarrying on the State land and that, in case, the petitioners bring any grievance as regards illegal quarrying being done on the State land within the knowledge of the respondents, the respondents will take all possible steps for ensuring stoppage of the same in terms of the rules.
In view of the stand taken by the learned Senior Additional Advocate General, this petition shall stand disposed of with a direction to the petitioners that in case they still have any grievance as regards the illegal quarrying being done on the State land, they shall approach the concerned authorities in the respondents for seeking redressal of the same. Upon any such request made by the petitioners, the respondents shall consider the same and pass appropriate orders in accordance with rules and also in keeping with the directions passed by Hon'ble the Supreme Court on the subject.
Disposed of as above, alongwith the connected CMs.
Registry to place a copy of this order on each connected file.