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CWPIL No. 27 of 2017 .
07.12.2017 Present: Mr. Satyen Vaidya, Sr.Advocate as Amicus Curiae, with Mr.Pranay Pratap Singh, Advocate.
Mr.Ashwani Pathak, Sr.Advocate with Mr.Sandeep K. Sharma, Advocate for respondents No.1 and 2.
Mr. Shrawan Dogra, Advocate General, with M/s Romesh Verma & Anup Rattan, Additional Advocate Generals, for respondents No.3 & 4- State.
Mr.Vikas Rathore, Senior Panel Counsel, for respondent No.5.
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.
Sr.No. Name of Unit Major Statutory Lapse(s). Action Taken
1. Hotel River 1. No Hotel Unit Notices Issued
Garden, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
2. River Edge Cafe & 1. No Hotel Unit Notices Issued
Rooms, Kasol Registration with Tourism to Hotel Unit
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Dept. owners.
2. No NoC of
.
Pollution Control Board.
3. Lucky Guest 1. No Hotel Unit Notices Issued
House, Kasol Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
4. Kasol Cafe and 1. No Hotel Unit Notices Issued
Camps, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
5. Hotel Sun 'n' Nil
Wind
6. Hotel Sandhya, Nil
Kasol
7. Pinki Home Stay, 1. No Hotel Unit Notices Issued
Kasol Registration with Tourism to Hotel Unit
r Dept. owners.
2. No NoC of
Pollution Control Board.
8. Hotel Royal 1. No Hotel Unit Notices Issued
Orchard, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
9. Teji's Paying 1. No Hotel Unit Notices Issued
Guest House Registration with Tourism to Hotel Unit
Dept. owners.
10. Evergreen 1. No Hotel Unit Notices Issued
Restaurant, Kasol Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
11. Tibetan Kitchen 1. No Hotel Unit Notices Issued
Restaurant, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
12. Kapoor Family 1. No Hotel Unit Notices Issued
Guest House, Registration with Tourism to Hotel Unit
Kasol. Dept. owners.
2. No NoC of
Pollution Control Board.
13. Shay Guest 1. No Hotel Unit Notices Issued
House, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
14. Susi Restaurant, 1. No NoC of Notices Issued
Kasol. Pollution Control Board. to Hotel Unit
owners.
15. Rainbow Family Nil
Guest House,
Kasol.
16. Turquoise Lodge, 1. No Hotel Unit Notices Issued
Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
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17. Gungun Family 1. No Hotel Unit Notices Issued
House, Lodge. Registration with Tourism to Hotel Unit
.
Dept. owners.
2. No NoC of
Pollution Control Board.
18. Hotel Devlok Nil
International,
Kasol.
19. DevBhoomi Guest 1. No NoC of
House, Kasol. Pollution Control Board.
20. Bianchi HomeStay Nil
Kasol.
21. Alanis Homestay, Nil
Kasol.
22. Hotel Krishna Nil
Palace, Kasol
23. Hotel Buddha 1. No Hotel Unit Notices Issued
Palace, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
r 2. No NoC of
Pollution Control Board.
24. Hotel Summer Nil
Hill, Kasol.
25. Hotel Deep Nil
Forest, Kasol.
26. Hotel River View, 1. No Hotel Unit Notices Issued
Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
27. Hansa Guest 1. No Hotel Unit Notices Issued
House, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
28. Hotel Red And 1. No Hotel Unit Notices Issued
Blue House, Registration with Tourism to Hotel Unit
Kasol. Dept. owners.
2. No NoC of
Pollution Control Board.
29. Hotel Diamond 1. No Hotel Unit Notices Issued
Valley, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
30. Blue Moon Guest 1. No Hotel Unit Notices Issued
House, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
31 Wake-n-Bake 1. No Hotel Unit Notices Issued
Guest House, Registration with Tourism to Hotel Unit
Kasol Dept. owners.
2. No NoC of
Pollution Control Board.
32. Hotel White 1. No Hotel Unit Notices Issued
House, Kasol Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
33. Hotel Pink House, 1. No Hotel Unit Notices Issued
Kasol. Registration with Tourism to Hotel Unit
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Dept. owners.
2. No NoC of
.
Pollution Control Board.
34. Parbati Cottage 1. No Hotel Unit Notices Issued
and Camps, Registration with Tourism to Hotel Unit
Kasol. Dept. owners.
2. No NoC of
Pollution Control Board.
35. Kasol Holiday 1. No Hotel Unit Notices Issued
Paradise, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
36. Hotel Blue Nil
Diamond, Kasol.
37. Hotel The 1. No Hotel Unit Notices Issued
Woodward-II, Registration with Tourism to Hotel Unit
Kasol. Dept. owners.
2. No NoC of
r Pollution Control Board.
38. Hukam Holiday Nil
Home, Kasol.
39. Purnima Guest 1. No Hotel Unit Notices Issued
House, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
40. Hotel The River 1. No Hotel Unit Notices Issued
Face and Camps, Registration with Tourism to Hotel Unit
Kasol. Dept. owners.
2. No NoC of
Pollution Control Board.
41. Hotel Kamal 1. No Hotel Unit Notices Issued
Palace, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
42. Hotel Deeya 1. No Hotel Unit Notices Issued
Palace, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
43. Dream Valley 1. No Hotel Unit Notices Issued
Home Stay, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
44. Dream Valley 1. No Hotel Unit Notices Issued
Hotel, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
45. Soni River View 1. No Hotel Unit Notices Issued
Cottage and Registration with Tourism to Hotel Unit
Restaurant, Kasol. Dept. owners.
2. No NoC of
Pollution Control Board.
46. Narayana Guest Nil
House, Kasol.
47. Hotel Green Nil
Valley, Kasol.
48. Hotel Yerpa, 1. No Hotel Unit Notices Issued
Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
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2. No NoC of
Pollution Control Board.
.
49. Hotel Sami, Kasol. 1. No Hotel Unit Notices Issued
Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
50. Hotel Purple 1. No Hotel Unit Notices Issued
House, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
51. Hotel Koshalyam, 1. No Hotel Unit Notices Issued
Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
52. Little Italy Nil
Restaurant, Kasol.
53. Hotel
r Sunrise, 1. No Hotel Unit Notices Issued
Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
54. Hotel Raj Palace, 1. No Hotel Unit Notices Issued
Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
55. Alpine Guest Nil
House, Kasol.
56. Hotel Woodward Nil
Magic, Kasol.
57. Hotel Four 1. No Hotel Unit Notices Issued
Seasons, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
58. Panchali Holiday 1. No Hotel Unit Notices Issued
Home, Kasol. Registration with Tourism to Hotel Unit
Dept. owners.
59. ArtCafe Parbati 1. No Hotel Unit Notices Issued
House, Kasol Registration with Tourism to Hotel Unit
Dept. owners.
2. No NoC of
Pollution Control Board.
60. Moon Dance Café 1. No Hotel Unit Notices Issued
(Restaurant), Registration with Tourism to Hotel Unit
Kasiol. Dept. owners.
2. No NoC of
Pollution Control Board.
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 ::: Downloaded on - 08/12/2017 23:07:45 :::HCHP encroachments on the forest land. The compliance shall be .
reported subsequently."
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.
Noticeably, some of these establishments have also encroached upon forest land and perhaps raised construction thereupon.
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.
Mr.Anup Rattan, learned Additional Advocate General, states that order shall be communicated to the Chief Secretary to the Government of Himachal Pradesh for ::: Downloaded on - 08/12/2017 23:07:45 :::HCHP necessary compliance as also the Deputy Commissioner, .
Kullu, for taking necessary action. This shall be done through Email, Fax and telephone.
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 r 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. 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."
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.
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 ::: Downloaded on - 08/12/2017 23:07:45 :::HCHP 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.
List on 11.01.2018.
Copy dasti.
r to (Sanjay Karol),
Acting Chief Justice.
(Sandeep Sharma),
December 7, 2017 Judge.
(Purohit)
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