IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 2867   OF 2008

[Arising out of SLP(C) No. 1603/2005]

J & K STATE POLLUTION CONTROL BOARD AND ORS. ... APPELLANT(S)

:VERSUS:

SARDAR JAG MOHAN SINGH ... RESPONDENT(S)

O R D E R

Leave granted.

As we  thought  that  this  matter may be  given a  quietus,  we  directed  the

appellant – Board to find out some alternative plots so that the respondent may start

his  business  of  stone  crushing  afresh.  An  allotment  was  made  to  the  respondent

pursuant to the said order. As a grievance was raised that his application for grant of

electrical connection was not being proceeded with, by an order dated 15.1.2008 this

Court recorded:

“Let the matter appear in April, 2008.

In the meantime, the respondent may take possession of the

plot allotted in this favour and file an application for grant of electrical

connection within four weeks from date.  

It is expected that the Power Development Department of the

State  of  Jammu and  Kashmir shall  issue  necessary orders granting

electrical connection in favour of the respondent in the meantime.”  

-2-

Despite the said order, no step appears to have been taken by the respondent

to  take  possession  of  the  alternative  plot  allotted  to  him and  apply  for  grant  of

electrical connection. We have granted an opportunity to the learned counsel to seek

instructions from the respondent. Learned counsel for the respondent states that no

instruction has been received by her. In this view of the matter, it is not possible for us

to grant any further adjournment as it appears that the respondent is not interested in

the matter.  

For the reasons aforementioned, this appeal  is  allowed and the impugned

judgment is set aside. No costs.      

..........................J (S.B. SINHA)

..........................J   (LOKESHWAR SINGH PANTA)    NEW DELHI, APRIL 21, 2008.