Fayaz Bukhari
SRINAGAR, Mar 24: In brazen violation of the Jammu and Kashmir High Court directions, hotels in Gulmarg that are either without STPs or have non-functional STPs have been permitted to operate by the State Pollution Control Board (SPCB). The Court while taking serious note of the violations of its orders today directed re-sealing of these hotels.
A Division Bench of the Jammu and Kashmir High Court comprising Chief Justice M M Kumar and Justice Hasnain Masoodi today said: “We are amazed as to how the Secretary SPCB has presented a misleading picture of the 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 passed by this Court from time to time.”
The Court stopped short of issuing contempt notice to State Pollution Control Board (SPCB) and directed the SPCB to seal the hotels in Gulmarg that are operating without STPs or have non-functional STPs.
“We are inclined to issue contempt notice to Arun Kumar Tikku, Member Secretary SPCB, however, the Advocate General assured the Court that action in accordance with law would be issued against the defaulters”, reads the High Court order.
The Court after the assurance by Advocate General of the State, Mohammad Ishaq Qadri, observed: “We stay our hands from issuing notice to show cause for initiation of contempt proceedings as Advocate General has intervened and expect the Secretary of the Board to swing into action by visiting each and every hotel.”
The Court also directed that it should be ensured by the Secretary of the SPCB that whatever STPs are functional their performance level should be assessed by testing the treated and untreated effluents. It also directed that the capacity of each STP to cater the solid waste and run off from the hotels should be assessed. “The report in regard to the STPs be placed before the Court and a detailed report shall be filed before Registrar Judicial on or before March 28”, the Court order reads.
The SPCB in its status report about the hotels in Pahalgam has stated that 11 hotels out 35 falling under category A. “And out of these A category hotels, STPs of 5 hotels are functional while those of 6 hotels are non-functional or STPs of these hotels are under installation”, the status report reveals.
The Court directed the Secretary SPCB to clarify the position regarding the operation of these 11 hotels as it is not clear whether all the hotels are operational or only the 5 hotels that have functional STPs are operating.
Court has also directed the Nodal Officer nominated by the Government to file status report disclosing the capacity of the STPs installed at Brar-e-Nambal and Nishat on the banks of Dal lake as it was not clear as to whether the STPs installed at these two places would be able to bear additional burden of 163 hotels.
With regard to the issue of drafted Master Plan of Gulmarg, the Chief Town Planner Kashmir has filed his affidavit disclosing therein that he has completed drafted Master Plan of Gulmarg and has sent it to Secretary of Government Department of Tourism and Culture. “It is required to be published as per provisions of Jammu and Kashmir Development Act 1970. However, the Tourism Department has not stated anything regarding the drafted Master Plan of Gulmarg”, the affidavit reads.
The Court directed that follow up action regarding drafted Master Plan of Gulmarg should be taken and it should be finalized. It has also directed that status report about the Gulmarg Master Plan be filed before next date of hearing.
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