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| HC cautions Secretary SPCB, asks him to seal hotels without STPs | | | Early Times Report
SRINAGAR, Mar 24: High Court has asked Secretary State Pollution Control Board to seal all hotels without functional Sewerage Treatment Plants within one week or face contempt proceedings.
"We are amazed as to how the Secretary, J&K State Pollution Control Board has presented a misleading picture of STPs in Gulmarg and how the hotels without making STPs functional have been permitted to operate. This is a clear and brazen violation of the orders," a division bench comprising Chief Justice M.M.Kumar and Justice Hasnain Masoodi said while hearing a Public Interest Litigation.
The division bench said that it was inclined to issue contempt notice to Arun Kumar Tiku, Member Secretary, J&K State Pollution Control Board. However, Advocate General M I Qadri assured the court that action in accordance with law would be initiated against all the defaulters, and the STPs of those hotels which are found non functional will be sealed within one week.
Accordingly, the division bench delayed issuing notice to show cause for initiation of contempt proceedings and expected that the Secretary will swing into action by visiting each and every hotel. Division bench also made it clear that if any hotel was found without STP or it has non-functional STPs, then it should be sealed.
The bench said that JK SPCB should ensure that wherever STPs are functional, their performance level should be assessed by testing the treated and untreated effluent. A report in that regard shall be filed by or before the Registrar Judicial of the court on or before 28 March, the division bench said.
"If the needful is not done, the Secretary shall remain present in person in the Court on the next date of hearing. In that case he has to answer as to why false affidavit has been filed and why contempt proceedings be not initiated against him," the division bench said. In another direction, the Division Bench also asked Director Tourism to clarify 32 hotels/ Guest houses under occupation of security forces and protected persons have STPs.
"Director to report about 1340 Hotels and Guest Houses which are hired by the state's Estates Department to accommodate the employees on Darbar Move," division bench added. Division bench also asked SPCB to file fresh status report about how many hotels in Srinagar have STPs and how many of them are connected with common STP. State government in is order dated 18.11.2013 extended the facility of common STPs to Hotels in Jammu. However, J&K SPCB has not filed status of STPs in respect of any Hotel in Jammu, Katra and Patnitop,"
"We have been informed that a number of Hotels in these cities are transacting their business without STPs. the nodal officer cum Director Tourism, as well as PCB authorities shall file status report of STPs in Hotels operating In Jammu, Katra and Patnitop," the division bench said. Court also asked government to file status report should also disclose the details of Guest Houses and Government accommodation.
"All directions issued for Gulmarg, Pahalgam and Srinagar shall also be applicable to Jammu, Katra and Patnitop," the division bench added.
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