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THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Himachal Pradesh High Court
Cwpil No. 27 Of 2017 And Cwpil No. 13 ... vs Unknown on 6 September, 2018
Bench: Honourable Mr. Justice, Honourable Mr. Sharma

CWPIL No. 27 of 2017 and CWPIL No. 13 of 2015 CWPIL No. 27 of 2017 06.9.2018 Present: Mr. B.C. Negi, Senior Advocate as Amicus Curiae, with Mr. P.P. Singh, Advocate.

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Mr. Sandeep K. Sharma, Advocate, for respondents No. 1 and 2.

Mr. Ajay Vaidya, Senior Additional Advocate General, with Mr. J.K. Verma, Mr. Ranjan Sharma, Mr. Adarsh Sharma, Ms. Ritta Goswami and Mr. Nand Lal Thakur, Additional Advocate Generals, for the State.

Mr. Rajesh Sharma, Assistant Solicitor General of India, for for respondent No.5.

CWPIL No. 13 of 2015 Mr. Vivek Sharma, Advocate vice counsel, for learned Amicus Curiae.

Mr. Ajay Vaidya, Senior Additional Advocate r General, with Mr. J.K. Verma, Mr. Ranjan Sharma, Mr. Adarsh Sharma, Ms. Ritta Goswami and Mr. Nand Lal Thakur, Additional Advocate Generals, for the State.

CMP No. 10682 of 2017 in CWPIL No. 27 of 2017 CMP No. 10683 of 2017 in CWPIL No. 27 of 2017 CMP No. 10684 of 2017 in CWPIL No. 27 of 2017 CMP No. 10686 of 2017 in CWPIL No. 27 of 2017 CMP No. 10687 of 2017 in CWPIL No. 27 of 2017 By way of aforesaid applications, applicants therein have prayed that they be impleaded as party respondents in the present case and thereafter necessary directions be issued to the competent authorities to restore electricity and water connection, as also to open the seal so put on the rooms of their hotels/stay homes/restaurant etc. Since action against the aforesaid applicants have been taken by the authorities pursuant to directions issued by this Court on 07.12.2017, whereby this Court, after having taken note of joint inspection report submitted by Deputy Commissioner, Kullu, ordered the closure of all establishments (hotels), who are neither having permission from the Tourism Department nor 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, we are not inclined to grant any interim relief, as prayed for in these ::: Downloaded on - 07/09/2018 23:02:13 :::HCHP applications, at this stage, save and except, that applicants may approach relevant/appropriate authorities within a period of two .

days, who in turn shall consider and decide the applications of the applicants, who claim that they have the requisite permission to run their hotels/stay homes/restaurants etc., as required under law.

At this stage, Shri Sanjeev Kuthiala, learned counsel representing the applicants, states that the applicants shall satisfy the authorities in case authorities are directed to consider and decide their cases. Accordingly, we dispose of these applications with the liberty reserved to the applicants to approach the authorities responsible for regulating hotel business to consider and decide the case(s) of the applicants within 48 hours of receipt of their applications. Needless to say that the authorities shall order restoration of electricity and water connection of the hotels of the applicants in case they fulfill the criteria laid down for setting-up/running hotels. Applicants are at liberty to approach this Court, if need so arises.

All the aforesaid applications are disposed of.

( Sanjay Karol ), Acting Chief Justice ( Sandeep Sharma ), Judge 6th September, 2018 Manjit/brb ::: Downloaded on - 07/09/2018 23:02:13 :::HCHP CWPIL No. 27 of 2017 and CWPIL No. 13 of 2015 CWPIL No. 27 of 2017 .

06.9.2018 Present: Mr. B.C. Negi, Senior Advocate as Amicus Curiae, with Mr. P.P. Singh, Advocate.

Mr. Sandeep K. Sharma, Advocate, for respondents No. 1 and 2.

Mr. Ajay Vaidya, Senior Additional Advocate General, with Mr. J.K. Verma, Mr. Ranjan Sharma, Mr. Adarsh Sharma, Ms. Ritta Goswami and Mr. Nand Lal Thakur, Additional Advocate Generals, for the State.

Mr. Rajesh Sharma, Assistant Solicitor General of India, for for respondent No.5.

CWPIL No. 13 of 2015 Mr. Vivek Sharma, Advocate vice counsel, for r learned Amicus Curiae.

Mr. Ajay Vaidya, Senior Additional Advocate General, with Mr. J.K. Verma, Mr. Ranjan Sharma, Mr. Adarsh Sharma, Ms. Ritta Goswami and Mr. Nand Lal Thakur, Additional Advocate Generals, for the State.

Fresh status report be positively filed on or before the next date of hearing.

List on 27.9.2018.

( Sanjay Karol ), Acting Chief Justice ( Sandeep Sharma ), Judge 6th September, 2018 Manjit/brb ::: Downloaded on - 07/09/2018 23:02:13 :::HCHP