HC acts tough, pulls up GDA, PDA, SPCB: Srinagar, Oct 10: Proving inexorable in granting more time to the hoteliers at Gulmarg to install STPs in their hotels, the High Court on Thursday observed that those who violate anti-pollution laws are subjected to prosecution. The division bench comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar passed the observation after senior counsel Z A Shah representing the hoteliers submitted that time may be granted till December 31 for setting up STPs in the hotels. “Can you expect court to extend time when the provision says that those who violate laws are subjected to prosecution,” observed the division bench saying if found guilty they (violators) are to be given minimum of one and half year’s rigorous imprisonment. “We want to make it clear that order dated 2013 shall continue to operate till further orders and report by GDA and PCB shall be filed on the applications,” the court said while continuing the sealing order. Though senior counsel Shah pleaded that Hotel industry in Kashmir has suffered a lot during two decades, the court said it will not budge on compassionate grounds saying the issue of environment protection is serious and of paramount importance before it. Shah pleaded that there are thousands of army men who are not using any STP, the court said it takes cognizance on every plea brought before it. “We are only concerned about environment. If you bring before us those army men operating without STP, we will do that also. We will tell them the same thing. Don’t think if something which has not come before us, we are quiet about it,” the court observed. The court observed that it wants hotel industry to flourish gracefully saying but violation of pollution laws will give a vapid sense to the tourists. “If a tourist comes to know that hotel has no STP, what kind of impression he will have?,” the court observed. Shah on behalf of the Gulmarg Hotliers has filed an application seeking vacation of court order dated 26/9/2013 directing sealing of all such hotels in Gulmarg which not complying with water and air pollution act as well as the policies of PCB. After he requested the court for deferring the orders submitting that the STP in respect of some hotels have reached Lakhanpur and would be installed after they reach Gulmarg, the division bench said “Without expressing any opinion on the merits of the application, at this stage we defer the order till 23rd of October” . The court, however directed the GDA to permit carrying of material necessary for installation of STP for the hotels in Gulmarg and other places. Advocate General M I Qadri today conceded that there is no policy of the state to set up the combined STP for hotels at Gulmarg or at any places. “Accordingly the stand earlier taken by the advocate general that there is a policy of the state to establish common STP for the hotels, tourist resorts or other similar industry has been withdrawn,” the court said. On the pollutant hotels of Pahalgam, the court said “On the last date of hearing we asked AG if large number of hotels have been identified in the areas of Pahalgam and Srinagar operating without the consent of the PCB why action has not been taken.” The court said in the compliance report filed today, the PCB has woken from deep slumber as the court has adopted a strict line. “So accordingly in respect of category A, one week notice has been issued to hotels of A grade numbering 25 besides 55 hotels falling under category B and in respect of three other hotels/ guest houses notices have been issued,” the court said The court held that it has also been clarified in the notices from PCB pending response from hoteliers that the operation of their hotels has been suspended forthwith. The Court directed the CEO Pahalgam Development Authority to ensure compliance of the order. “We further clarify that in case of any resistance, the DGP shall provide every help in ensuring the suspension of their(hoteliers) commercial operation,” the court said. The division bench held that the measures have become imperative because citizens have a fundamental right of clean air and uncontaminated water,” the court said. Citing the Supreme Court judgments holding a similar view as expressed by the High Court, the division bench said the compliance of the provisions of pollution laws is absolutely necessary. “Nobody has any right to dump their garbage and human waste at the door of other people. If the establishment like hotels and others are allowed to continue without consent of the Board or any regulation for treatment of sewerage/human waste, then it amounts to violating the rights of citizen to clean air and pure water. Such a course would not be permitted,” the court said. The court said in respect of hotels at Srinagar, Advocate General has obtained information from the chairman PCB Vinod Ranjan, according to which there may be number of such type of hotels within Srinagar and on the account of festival season some more time may be given. The chairman PCB submitted an undertaking before the court that on or before October 19, notices will be issued to the hoteliers of Srinagar. “We also expect that a composite notice is also published in print media highlighting the violations which are being committed by hotels in Srinagar and Pahalgam,” the court held. In its observation, the court said the Board would be rendering yeoman’s service in keeping environment of this beautiful Valley clean so that nobody is subjected to inhale and drink air and water is contaminated and not fit for consumption. “Let the notices issued on or before 19th and compliance report be filed on 21ts of October before registrar judicial,” the court said. After counsel for the petitioner, Ajaz Chasti submitted that that on account of Darbar Move, the record pertaining to this case may be kept in Srinagar, the court directed for the same. Advocate Mohsin Qadri represented PDA and GDA. Lastupdate on : Mon, 8 Oct 2012 21:30:00 Makkah time Lastupdate on : Mon, 8 Oct 2012 18:30:00 GMT Lastupdate on : Tue, 9 Oct 2012 00:00:00 IST is.gd/checkads
Posted on: Thu, 10 Oct 2013 20:08:04 +0000
Trending Topics
Recently Viewed Topics
© 2015