VILLAGERS OF JAWBERA Vs. STATE

JUDGEMENT

(1.) Respondent Ghulam Mohammad Lone, proprietor of A.M.L. Contractors and Engineers, Jawbera Awantipora, Pulwama intended to establish Hot Mix plant at Jawbera. The inhabitants of village Jawbera opposed the same and complained to the District Development Commissioner, Pulwama as well as to the Minister of Rural Development and at the same time filed the writ petition OWP No. 309/2009. In the accompanying CMP, interim direction to the following effect was issued.

(2.) During the pendence of the said petition, respondent State Pollution Control Board (SPCB-J&K) has issued the consent order where under the consent has been granted for the manufacture of product/by-produce i.e. BITUME CONCRETE (HOT MIX) with capital investment (plant and machinery) of Rs. 99.76 lacs.

(3.) Aggrieved thereof, one more petition i.e. OWP No. 1105/2009 has been filed by the villagers in representative capacity. After leave, petition has been entertained and while considering the accompanying CMP vide order dated 31st of December' 2009, it has been provided that subject to objections, position prevalent on spot shall be maintained i.e. Macdum plant shall not be established /installed on spot.