Fayaz Bukhari
SRINAGAR, Oct 10: The State High Court today directed the Director General of Police to provide every help in ensuring the suspension of commercial operation of hotels, which are running without consent of Pollution Control Board (PCB).
A Division Bench of the Court comprising Chief Justice M M Kumar and Justice Muzaffar Hussain Attar, while hearing a Public Interest Litigation (PIL) to seek the court’s direction to safeguard eco-sensitive Gulmarg and Tangmarg from illegal constructions.
The direction came after Pollution Control Board (PCB) filed compliance report wherein the board has issued notices to 25 hoteliers in category A and 55 hotels in category B, asking the hoteliers to suspend their operations and file response within one week.
After examining the compliance report, the bench observed PCB has woken up from a deep slumber and adopted the strict guidelines. Earlier, the court had pulled up the board for not taking action against the hotels.
Directing the PCB to ensure compliance of the orders, the bench said: “In case of any resistance, the DGP shall provide every help in ensuring the suspension of their commercial operations.”
The court also directed the Chief Executive Officer of Pahlagam Development Authority to ensure compliance of the orders.
Having clear air and uncontaminated water is the fundamental right of a citizen, the court observed, directing PCB to ensure beautiful environment of the Valley is not polluted.
“Nobody should be subjected to inhale and drink air and water which is not fit for human consumption,” the court observed.
Referring to the judgments of Supreme Court, the bench said it’s absolutely necessary not to dump any garbage and human waste on the doors of other people.
“If hotels are operating without consent of board or without STPs, then it would amount to violation of pollution laws,” the court observed.
About the hotels operating in Srinagar, the court extended time for filing compliance report till October 19 after Chairman PCB, Vinod Ranjan, submitted before the court that there are many hotels running without consent and sought more time to file the report.
The bench also directed Gulmarg Development Authority to adhere to the previous order, which was passed on September 26, directing the State Government to seal all the hotels in Gulmarg which have not installed Sewage Treatment Plants (STP’s).
The Court also directed the Government to publish notices in the print media highlighting the violations, which are being committed by the hotels in Srinagar as well as in Pahalgam.
During the arguments, Z.A Shah, counsel for some hoteliers pointed out that the Army posted in Gulmarg area and Amarnath pilgrims are also violating the laws and provisions, thus polluting the atmosphere.
Rapping Shah over his argument, the bench said “if anybody comes before court with a grievance that any other organization is doing the same thing, the court will pass similar order for that organization also.”
“Do you think we are doing injustice to your clients?” the court asked to the counsel. “Don’t think like that. This type of impression must be dispelled,” the court said.
“Don’t think that something has not come before us and we have not opined on that and we are silent. Our quietness does not mean that there is discrimination. Don’t give it a different colour,” the bench observed.
Follow our WhatsApp channel