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HC stick on sealings too painful, legislators peeved
Is government ours or that of High Court?
2/13/2014 12:06:14 AM
Syed Junaid Hashmi
JAMMU, Feb 12: Peeved over High Court forcing the state government to act against illegal constructions, legislators of Jammu and Kashmir Legislative Council today breached the thin line and raised question on authority of High Court to seal hotels and other commercial establishments.
A seemingly peeved National Conference (NC) leader Dharambir Singh Oberio, who is by profession a businessman while raising a supplementary to his original question on drainage projects, said, "Hukumat hamari hai yah High Court kee (Is government ours or that of High Court)." He added that commercial establishments and hotels are being sealed on the directions of the High Court.
He went on and said that it is the duty of government to facilitate hoteliers and other businessmen by constructing Sewerage Treatment Plants (STP). His argument received support from JKNPP legislator Syed Rafiq Shah, who said that there is urgent need to restore supremacy of the legislative bodies. He said "Legislative bodies have lost their supremacy. We are duty-bound to restore its independence, supremacy and credibility."
He maintained that High Court has been misled. "I am telling you sir that High Court has been misled," added Shah. He stressed that legislative members should make all possible efforts to strengthen these institutions. Legislature must reign supreme, said Rafiq Shah. While saying that providing Sewerage Treatment Plant (STP) is the responsibility of municipality Jugal Kishore of Congress said that government should find some via media.
"Some way out should be found to redress the situation. It is the duty of municipality," said Jugal while maintaining that only government can save the situation. Prior to Oberio raising this question in the House, a Committee of the Legislative Council had earlier made an attempt to force the state government to bring in legislation to stop sealing ordered by the High Court.
However, government stopped short of bringing legislation after it was pointed out that the minutes of the meeting of the LC committee had been illegally sent to the government. It needs to be further mentioned here that High Court has directed the State Pollution Control Board to file status report by next hearing indicating whether STPs installed in hotels at Gulmarg and other places are operational.
Court has also sought details of individual capacity of the STPs to handle waste and runoff. Court had further said that once STPs have been installed and are made operational as on date, hoteliers would be free to go start commercial operations. Court passed the direction after perusing the report by the PCB stating that in Gulmarg all the hotels in Category 'A' have installed STPs and the hotels stand de-sealed and allowed to undertake commercial operations.
In its report, the PCB had also stated that at Pahalgam 5 hotels of Category 'A" have installed STPs for sewage and runoff and that the Board has de-sealed the hotels whereas 20 hotels were yet to install STPs and continue to be sealed.
The report also indicated that in Srinagar 11 hotels falling in Category 'A' have installed STPs or connected their hotels with common STPs, and have been de-sealed.
As regards of hotels in Category 'B' having less than 19 rooms at different places, the report said 8 hotels at Gulmarg, 27 at Pahalgam and 46 at Srinagar have been de-sealed and allowed to undertake commercial operations as the hotels have installed septic tanks and soaking pits.
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