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2016 DIGILAW 436 (UTT)

Hotel Sachin International v. State of Uttarakhand

2016-08-05

SERVESH KUMAR GUPTA

body2016
JUDGMENT : Servesh Kumar Gupta, J. Since the controversy involved in all above-titled three petitions is identical, hence these have been taken up together for adjudication and a common order is being passed. 2. Having heard learned Senior Counsel for the petitioners and learned Counsels of the respondents, it transpires that the petitioners are running their respective hotels, which have 20 or more than such number of rooms, within the limits of Haridwar town or around. National Green Tribunal passed an order dated 19.7.2016 to the effect that all such hotels, which are being run in the close vicinity of sacred river Ganga and have the room capacity as indicated above, shall be closed forthwith if these do not have established their own separate Sewage Treatment Plant (for short, hereinafter called as ‘STP’). In compliance of the directions of National Green Tribunal, the Pollution Control Board proceeded for sealing all such hotels. Writ petitions were filed, wherein this Court directed that such orders of Pollution Control Board shall be kept in abeyance and a liberty was granted to the petitioners for making representation before the Board. Authority concerned decided the representation and permitted all the petitioners to install their own STP within one month i.e. by 27th August 2016. 3. It is submitted that the petitioners are making every endeavour to establish their own STP within the given time frame, as has been accorded by the Board. But to their utter surprise, the authorities of the Board have again issued a notice to them on 3.8.2016 and they are proceeding ahead to seal their respective hotels on 5.8.2016. 4. It has been contended by learned Counsel of the Pollution Control Board that although the sewage of all these hotels already have connection with the general line of the local body/municipality leading to the cumulative discharge of sewage in Jagjeetpur, which is situated at the outskirts of Haridwar, but such pipeline now has become incapacitated to bear the load and the excessive flow, which have shot up manifold on account of growing population and the constructions of these hotels in the area. 5. I think that these hotels are being run since last several years, but only one month’s time has been granted to the petitioners to do the needful, yet they have every obeisance to comply with the same. 5. I think that these hotels are being run since last several years, but only one month’s time has been granted to the petitioners to do the needful, yet they have every obeisance to comply with the same. In the given facts, the Pollution Control Board should not be in such utter haste making the position of all these petitioners miserable and full of plight, particularly when they are inclined to establish their own STP within the time frame prescribed by the Board, i.e. by 27th August 2016, which is within three weeks since today. 6. In view of what has been set forth above, I grant time up to 27th August 2016 to all these petitioners for establishing their own STP. Meanwhile, the impugned notice/order issued by the respondent will not be given effect to. 7. It is made clear that the petitioners shall establish the STP of appropriate capacity and specifications to achieve the norms as specified by the Pollution Control Board within the above time limit. After establishment of respective STP by the petitioners, the Court expects that the petitioners shall be in a position to make the treatment of all the wastes emanating from their hotels and the residue, which is not hazardous to pollute the river Ganga, may be permitted to be flown through the general pipeline of the local body/municipality. 8. It is further made clear that if the STP of the required capacity, specifications and quality, as directed by the Pollution Control Board/National Green Tribunal, is not established within the above time limit, then the Board shall be at liberty to take appropriate action against such petitioners in accordance with law. 9. All these petitions stand disposed of finally at the admission stage itself.