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2017 DIGILAW 1354 (HP)

Court On Its Own Motion v. Narcotic Control Bureau, Sub-zone Mandi

2017-12-07

SANDEEP SHARMA, SANJAY KAROL

body2017
ORDER 1. Mr. Anup Rattan, learned Additional Advocate General, has handed over in Court the joint inspection report, which we reproduce in toto:- "Joint Inspection Report The undersigned officials of the committee constituted by the Deputy Commissioner, Kullu in pursuance of the directions contained in the orders of Hon''ble Himachal Pradesh High Court dated Nov 30th, 2017 in CWPIL No.27 of 2017 made a joint inspection today on Dec 6th, 2017 of the Kasol area to detect hotels and other commercial establishments like guest houses, home stays, camps and restaurants etc running without statutory sanctions. A thorough check of the necessary statutory requirements for running the said commercial units was made including registration under The HP Tourism Development and Registration Act, 2002 and Air (Prevention and Control of Pollution) Act, 1981. Total 60 establishments were inspected by the committee, out of which 44 had some or the other statutory lapse. The details of the same are as below. S. No. Name of Unit Major Statutory Lapse(s). Action Taken 1. Hotel River Garden, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 2. River Edge Cafe & Rooms, Kasol 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 3. Lucky Guest House, Kasol 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 4. Kasol Cafe and Camps, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 5. Hotel Sun n Wind Nil . 6. Hotel Sandhya, Kasol Nil . 7. Pinki Home Stay, Kasol 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 8. Hotel Royal Orchard, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 9. Tejis Paying Guest House 1. No Hotel Unit Registration with Tourism Dept. Notices Issued to Hotel Unit owners. 10. Evergreen Restaurant, Kasol 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 11. Tibetan Kitchen Restaurant, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. 9. Tejis Paying Guest House 1. No Hotel Unit Registration with Tourism Dept. Notices Issued to Hotel Unit owners. 10. Evergreen Restaurant, Kasol 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 11. Tibetan Kitchen Restaurant, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 12. Kapoor Family Guest House, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 13. Shay Guest House, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 14. Susi Restaurant, Kasol. 1. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 15. Rainbow Family Guest House, Kasol. Nil . 16. Turquoise Lodge, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 17. Gungun Family House, Lodge. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 18. Hotel Devlok International, Kasol. Nil . 19. DevBhoomi Guest House, Kasol. 1. No NoC of Pollution Control Board. . 20. Bianchi HomeStay Kasol. Nil . 21. Alanis Homestay, Kasol. Nil . 22. Hotel Krishna Palace, Kasol Nil . 23. Hotel Buddha Palace, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 24. Hotel Summer Hill, Kasol. Nil . 25. Hotel Deep Forest, Kasol. Nil . 26. Hotel River View, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 27. Hansa Guest House, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 28. Hotel Red And Blue House, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 29. Hotel Diamond Valley, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 30. Blue Moon Guest House, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 29. Hotel Diamond Valley, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 30. Blue Moon Guest House, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 31. Wake-n-Bake Guest House, Kasol 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 32. Hotel White House, Kasol 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 33. Hotel Pink House, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 34. Parbati Cottage and Camps, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 35. Kasol Holiday Paradise, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 36. Hotel Blue Diamond, Kasol. Nil . 37. Hotel The Woodward-II, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 38. Hukam Holiday Home, Kasol. Nil . 39. Purnima Guest House, Kasol. 1. No Hotel Unit Registration with Tourism Dept. Notices Issued to Hotel Unit owners. 40. Hotel The River Face and Camps, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 41. Hotel Kamal Palace, Kasol. 1. No Hotel Unit Registration with Tourism Dept. Notices Issued to Hotel Unit owners. 42. Hotel Deeya Palace, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 43. Dream Valley Home Stay, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 44. Dream Valley Hotel, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 45. Soni River View Cottage and Restaurant, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 44. Dream Valley Hotel, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 45. Soni River View Cottage and Restaurant, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 46. Narayana Guest House, Kasol. Nil . 47. Hotel Green Valley, Kasol. Nil . 48. Hotel Yerpa, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 49. Hotel Sami, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 50. Hotel Purple House, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 51. Hotel Koshalyam, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 52. Little Italy Restaurant, Kasol. Nil . 53. Hotel Sunrise, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 54. Hotel Raj Palace, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 55. Alpine Guest House, Kasol. Nil . 56. Hotel Woodward Magic, Kasol. Nil . 57. Hotel Four Seasons, Kasol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 58. Panchali Holiday Home, Kasol. 1. No Hotel Unit Registration with Tourism Dept. Notices Issued to Hotel Unit owners. 59. ArtCafe Parbati House, Kasol 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. 60. Moon Dance Caf (Restaurant), Kasiol. 1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. The Committee also detected the units erected on the encroached land of the forest dept and a ''Task Force'' has been constituted by the Chairman of the above said committee-cum- SDM Kully for demarcation and subsequent removal of the encroachments on the forest land. 2. No NoC of Pollution Control Board. Notices Issued to Hotel Unit owners. The Committee also detected the units erected on the encroached land of the forest dept and a ''Task Force'' has been constituted by the Chairman of the above said committee-cum- SDM Kully for demarcation and subsequent removal of the encroachments on the forest land. The compliance shall be reported subsequently." 2. Noticeably, out of 60 establishments (hotels), 44 establishments are neither having permissions from the Tourism Department nor do they have any consent to operate in terms of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. As such, we direct all such 44 establishments be shut down forthwith. The Deputy Commissioner, Kullu, to ensure that the water and electricity supply connections to these establishments are also disconnected forthwith. If necessary, Superintendent of Police, Kullu, shall depute police force for implementing such directions. 3. Noticeably, some of these establishments have also encroached upon forest land and perhaps raised construction thereupon. 4. We direct the Deputy Commissioner, Kullu, to act as a Nodal Officer and coordinate with all the relevant Departments of District Kullu for ensuring that all encroachments, so identified are removed and unauthorized structures demolished. Also no establishments at Village Kasol be allowed to operate, save and except, in accordance with law. 5. Mr. Anup Rattan, learned Additional Advocate General, states that order shall be communicated to the Chief Secretary to the Government of Himachal Pradesh for necessary compliance as also the Deputy Commissioner, Kullu, for taking necessary action. This shall be done through Email, Fax and telephone. 6. The Director General of Police, Himachal Pradesh, has filed his affidavit dated 06.12.2017, making the following averments (Page-192):- "(vii) There is an increase of more than 10% in registration of cases. 947 cases have been registered till 30.11.2017 in which 1136 persons including 50 women and 16 foreigners have been arrested. More than 2,34,000 tablets, capsules, syrup bottles and inject-able have been recovered so far beside 430 kg. of charas, opium and ganja. The deponent had provided 2 reserves of armed police to Kullu district from 26.08.2017 to 10.09.2017 to destroy cannabis crop in Malana area. More than 2,34,000 tablets, capsules, syrup bottles and inject-able have been recovered so far beside 430 kg. of charas, opium and ganja. The deponent had provided 2 reserves of armed police to Kullu district from 26.08.2017 to 10.09.2017 to destroy cannabis crop in Malana area. Total 78 personnel including 6 officials of NCB and Kullu district and the 2 reserves of the armed police, cleared 924 bighas of land, including 440 bighas in Malana and 175 bighas in Jari adjoining Malana." 7. We direct the Director General of Police, H.P., as also the Zonal Director, NCB, Chandigarh, to continue with such operations and file fresh status report within a period of four weeks. 8. We also find from the affidavit of the Chief Secretary to the Government of Himachal Pradesh, dated 06.12.2017 (Page-182), that a Committee for carrying out raids etc. stands constituted and special steps taken for dealing with the menace of use and abuse of psychotropic substances. Noticeably all stakeholders, right to the level of Panchayat, stand associated in such endeavour. Such endeavour is appreciable and would possibly yield desired results in checking the wild growth of cannabis plants. 9. List on 11.01.2018. 10. Copy dasti.