HC finds no flaw in setting up of crusher by Ch Lal Singh's kin

TNN Bureau. Updated: 12/31/2017 1:55:03 AM

JAMMU: The High Court today observed that no rule has been violated by the kin of Choudhary Lal Singh in raising a crusher at village Dhanna, Tehsil and District Kathua.
The court also observed that no rule of the law or norms have been violated by the government machinery in issuing the NOC to the kin of the cabinet minister and hence rejected the allegations of Advocate Ankur Sharma appearing for the petitioners through a fresh writ petition challenging the construction of crusher.
As per the case history, some of the dissident inhabitants of the village on December 29 staged a protest against the setting up of crusher unit by the kin of the Cabinet Minister and the basis of the same was the interim Order passed by High Court of J&K at Jammu dated December 27, 2017 by virtue of which the Court had directed the Deputy Commissioner Kathua and SSP Kathua to ensure status quo on the spot and file compliance report on or before January 30, 2018.
The basis of such interim order was the fresh Writ Petition filed by Advocate Ankur Sharma on the sole plea that the prior two Writ Petitions entitled Rattno Devi & Ors Vs State are still pending consideration before the High Court Jammu and the same were listed on December 6, 2017 and the Court had reserved the Judgment.

The counsels appearing for the Respondents in the fresh Writ Petition agitated the same before the Court and stated at Bar that both of the said Writ Petitions have been dismissed along with the miscellaneous petitions.

On 26th day of December, 2017 the counsels for the respondents were asked to produce the copy thereof on next day i.e. December 27 this year. The Respondents could not file the copy thereof as desired by the Court and resultantly the interim Order was passed.
Taking benefit of the same the dissident group hijacked the situation and staged protest, blocked road and demanded immediate demolition of the constructions raised after December 6, 2017 by the owners of the Crusher on the plea that the said constructions are illegally been raised during the continuance of the status quo orders dated July 27, 2016.

The counsel for the Petitioners maintained the stand that no dismissal order has been pronounced on December 6, 2017 whereas the Additional Advocate General Sh Rohit Kapoor Advocate and the counsel appearing for the private party insisted that the order of dismissal of the prior Writ Petitions was very much pronounced in the presence of the counsel for the Petitioners on December 6, 2017 only.
The matter turned twisted when today the counsels representing the Crusher owner came up with the Order dated December 6, 2017 passed by the High Court of J&K at Jammu in Writ Petitions entitled Rattno Devi & Ors Vs State of J&K & Ors (OWP No. 1358/2016, MP Nos. 01/2016, 02/2016 c/w OWP NO. 1104/2016 , MP No. 01/2016), wherein both of the prior Writ Petitions stand dismissed.

Now the question arises, who were the minds behind this unwanted staged protest? Are the local inhabitants of the Village misinformed or misguided for some vested interest? The High Court vide Order dated December 6, 2017 had categorically held that no norm or rule or law can be said to have been violated by any of the Government machinery while issuing NOC's for setting up of the unit by the crusher owner and further that no person has come forth with the claim that his or her land has been grabbed and thus the allegations made in the petition are unfounded and thus rejected.


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