HC rap for not sealing hotels

Excelsior Correspondent
SRINAGAR, June 5: The Jammu and Kashmir High Court today rapped the Pollution Control Board (PCB) for not sealing the hotels that are violating the pollution norms and observed that the PCB officials are hand in glove with erring hoteliers.
A Division Bench of the High Court comprising Chief Justice MM Kumar and Justice M H Attar after going through the report of the PCB showed anguish and resentment over the functioning by the PCB authorities. The court told Advocate General of the State M I Qadri: “Mr Tickoo is again playing with fire, last time on your statement we saved this secretary from contempt notice, this time we will issue contempt notice against him.”
Secretary PCB, Arun Kumar Tickoo, in his report had said that commercial operation of 96 hotels in district Katra have been ordered to be suspended. “What is the effect of suspending the commercial operation is yet to be known and why not sealing as has been done in Gulmarg?” observed the court.
The court told Advocate General: “Be sincere to the court otherwise we know how to make them sincere. What is the action taken by the PCB, this report is total vague and far from satisfactory. We are left with impression that they are hand in glove with these people (hoteliers).”
Court in its order said: “The annexure attached with affidavit by Secretary PCB vaguely states that the commercial operation of 96 hotels in Katra has been ordered suspension.” It observed: “Where is Secretary? We will send him to the proper place where paste and brush is not available”.
On the assurance of Advocate General that effective steps shall be taken to ensure that hotels in category-A have STPs operational particularly in the area of Katra, Jammu, Srinagar, and Patnitop.
“Mr. Qadri states that all effective steps shall be taken by adopting the sealing process in respect of all hotels in the State so that their commercial function comes to stand still and they are not allowed to operate”, court order reads.
Court directed to PCB to file affidavit indicating the date of passing of suspension orders and sealing before next date.
With regard to complaint which was treated as application by the court wherein allegation were raised on Assistant Director Tourism Department and Legal Advisor of PCB that they advise hoteliers to convert hotels into guest houses, the Court accepted their objections.  The officials told the court that no such effort is made by either of them to circumvent due process of law and direction of this court. However, court made it clear if any such kind of conversion takes place then it will not be permitted without orders obtained from this court.
Another complaint by one Tawseef Ahmad disclosed through Photographs illegal construction of a hotel in Tangmarg area.
Court directed counsel for Tourism Advocate Mohsin Qadri to depute a responsible officer to find the status of the construction and if such activity is going on then direction be issued to stop it. Court directed PCB to seal the said structure with the help of Deputy Commissioner and SP of the area and file status report in this regard by next date of hearing.