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| HC directs SPCB to file fresh status on sealing of hotels | | Allows category-A hotels to restrict operation to 19 rooms | |
Early Times Report
Srinagar, June 12: A Division Bench of High Court today asked State Pollution Control Board to file by tomorrow fresh status report, giving details of the hotels sealed for violating the pollution control norms in the state.
As the hearing in Public Interest Litigation titled Rafiq Ahmad Zargar started, advocate General M I Qadri submitted a status report before the division bench comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar
"The status report filed today is far from satisfactory and, therefore, we direct Secretary Pollution Control Board to file the fresh status report, reflecting that the hotels violating the norms laid down in pollution laws of having STP/soakage pit/ septic tank have been sealed," the court said, asking the secretary SPCB to file it on Friday.
Meanwhile, the court allowed a prayer by hoteliers to allow them to operate only 19 rooms till they install STP.
While disposing of an application, the court said in the last order directions were issued that all necessary steps shall be taken to ensure that hotels in category-A (having 20 or more rooms) have Sewerage Treatment Plant operational in the cities of Katra, Patnitop, Jammu and Srinagar.
"The Directions were passed after the perusal of an affidavit filed by Secretary SPCB suggesting operation of 96 hotels in Katra has been ordered to be suspended. The effect of suspending the commercial operation was kept secret and the impression gathered by the court was that an order on paper was passed but in reality all the 96 hotels were operating because no sealing process was under taken by the SPCB with the help of authorities as was done at Gulmarg and Pahalgam," the court said, underling that the impression has been fortified by instant review petition.
"According the averment made in the application, the hotel can be permitted to operate in the extent of 19 rooms with the requirement of soakage pits and septic tanks after obtaining consent from PCB in accordance with law," the court observed.
In fact, court said, such a situation arose before it when couple of applications were disposed of by it in December last year in respect of Srinagar.
"The directions issued in respect of the hotels at Srinagar would also apply to hotels elsewhere in the cities of Katra, Jammu and Patnitop and other cities," the court said, asking SPCB to allow the applicants to make functional their hotels to the extent of 19 rooms only after the statutory requirements for the purpose are complied with by the hoteliers and consent is granted to them by it. "The rooms beyond 19 shall be sealed by the SPCB," the court said and asked the hoteliers to file an undertaking before the Registrar Judicial that they would utilize only 19 rooms and would not tamper with the seal of the other rooms after complying with the statutory requirements and consent is granted by the PCB."
"Any breach of undertaking by the hoteliers will warrant initiation of contempt proceedings against them," the court said. |
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