Jammu & Kashmir High Court
M/S Monika Screener Plant vs J&K Pollution Control Committee & Ors on 2 March, 2026
Serial No. 15
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 427/2026
CM No. 1009/2026
M/S Monika Screener Plant .....Appellant(s)/Petitioner(s)
Through: Mr. M.K Bhardwaj, Sr. Adv. with
Mr. Gagan Kohli, Advocate
vs
J&K Pollution Control Committee & Ors. ..... Respondent(s)
Through: Mr. Vivek Matto, Advocate vice
Mr. Vishal Bharti, Dy. AG for R- 1 to 3
Ms. Nazia Fazal, AC vice
Mrs. Monika Kohli, Sr. AAG for R- 4 & 5
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(02.03.2026)
01. Petitioner, through the medium of the present petition, seeks setting aside
of Order No. 89-JKPCC/2026 dated 11.02.2026 issued by respondent No.
2, and further seeks a direction commanding the respondents to allow the
petitioner to run the stone crusher unit smoothly without any hindrance,
and to further direct respondent No. 6 to restore the electricity connection
of the screener plant-cum-stone crusher of the petitioner, namely M/s
Monika Screener Plant.
02. Learned senior counsel appearing for the petitioner, in furtherance of the
submissions made in the petition, argued that the respondent-Pollution
Control Committee consent vide Order No. PCB/digital/25045567493 of
2025 dated 19.07.2025, accorded ‘Consent to Operate’ was issued under
the provisions of the Water (Prevention and Control of Pollution) Act,
1974 and the Air (Prevention and Control of Pollution) Act, 1981, which
was valid upto May, 2026 , however, by virtue of the impugned Order No.
2
89-JKPCC/2026 dated 11.02.2026, it has been alleged that the petitioner’s
unit was operating in violation of the terms and conditions of the consent
so granted, and accordingly, directions have been issued to cease the
operation of the stone crusher unit, with directions to disconnect electricity
and water supply to the petitioner’s unit. It is contended that the impugned
order has been issued in disregard of the subsisting and valid Consent to
Operate, which was in force as on the date of issuance of the impugned
order.
03. Heard.
04. Notice.
05. Notice is waived by Mr. Vivek Mattoo, Advocate vice Mr. Vishal Bharti,
Dy.AG, on behalf of respondent Nos. 1 to 3, and Ms. Nazia Fazal,
Advocate vice Mrs. Monika Kohli, learned Sr. AAG, accepts notice on
behalf of respondent Nos. 4 and 5. Reply/objections, if any, be filed within
four weeks.
06. List on 13.05.2026.
07. Meanwhile, subject to objections from the other side and till the next date
of hearing, the impugned Order No. 89-JKPCC/2026 dated 11.02.2026
shall remain stayed.
(M A CHOWDHARY)
JUDGE
Jammu
02.03.2026
Amit