IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                      CWP No. 176 of 2018-H




                                                                  .
                                      Decided on : 16.01.2018





    ____________________________________________________
    Sanjay Behal                                       ......Petitioner





                         Versus

    State of H.P. and Ors.                            .....Respondents





    Coram:
    The Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting?

    For the petitioner         : Mr. Narender Sharma, Advocate.

    For respondent No.1        : Mr. Rajat Chauhan, Law Officer
    For respondent No.2        : Mr. Abhay Kaushal, Advocate vice
                                 Mr. T. S. Chauhan, Advocate



    For respondents No.3 to 5 : None




    Sandeep Sharma, Judge (Oral)

CMP No.923/2018 Allowed and disposed of.

CWP No. 176 of 2018 Learned counsel representing the petitioner, on instructions, states that the petitioner will be satisfied in case he is permitted to file a representation to the Pollution Control ::: Downloaded on - 17/01/2018 23:05:06 :::HCHP Board, praying therein for renewal of consent to operate the hotel, i.e. M/s. Bye Pass Hotel on Churat Road near Dhali .

Tunnel, Shimla, run by the petitioner. Documents annexed with the petition Annexure P-5 suggest that respondent No.2 i.e. Pollution Control Board vide communication dated 01.09.2016 had granted consent to run the Hotel Bye Pass Dhalli, but that was valid up to 31st March, 2017.

2. Since the petitioner failed to get the licence renewed after 31st March, 2017, despite repeated notices, respondent No. 2 vide communication dated 29th November, 2017 granted last opportunity of seven days to the petitioner to apply for renewal of consent to operate the hotel, but fact remains that no steps whatsoever were taken by the petitioner to get necessary permission from the Pollution Control Board, as a consequence of which, respondent No. 3 in compliance to directions issued by respondent No. 2 disconnected the power supply of the hotel being run by petitioner.

3. In the aforesaid background, the petitioner has approached this Court, seeking therein directions to respondent No. 2 to grant consent to operate the hotel.

4. Sh. Narender Sharma, learned counsel representing the petitioner while inviting attention of this Court to Annexures ::: Downloaded on - 17/01/2018 23:05:06 :::HCHP P-8 and P-9 contends that no objection certificate has already been obtained from the Executive Engineer, Sewerage .

Division, MC Tutikandi Shimla, who has categorically certified that sullage and sewerage generated from the Hotel Bye Pass Dhaba Dhalli near Tunnel Shimla-12, is properly connected with M.C. Sewerage line and leading to STP Dhalli. Learned Counsel further contends that the petitioner has already complied with all necessary codal formalities for renewal but despite repeated requests, no steps are being taken by the Pollution Control Board to renew the consent to operate the hotel. He further contends that due to disconnection of the electricity, the petitioner is incurring huge loss and, as such, necessary directions may be issued to respondent No. 2 to renew the consent to operate the hotel.

5. Consequently, in view of the above and with the consent of learned Counsel representing the respondents, the present petition is disposed of with the directions to the petitioner to file a representation to the Secretary, Pollution Control Board, within a period of two days, detailing therein the steps taken by him for renewal of consent to operate the hotel. In the event of the petitioner filing a representation within the aforesaid period, the Pollution Control Board shall ::: Downloaded on - 17/01/2018 23:05:06 :::HCHP grant/renew consent to operate the hotel, within one day, thereafter, subject to compliance of provisions contained in .

Water (Prevention & Control of Pollution) Act 1994. Respondent No. 3, H.P. State Electricity Board is also directed to restore the electricity to the petitioner's hotel immediately after issuance of consent to operate the hotel by the Pollution Control Board. Pending application, if any, also stands disposed of.

Dasti copy.

(Sandeep Sharma) Vacation Judge 16th January, 2018 (rana/st) ::: Downloaded on - 17/01/2018 23:05:06 :::HCHP