CW PIL No. 269 of 2017 .

15.12.2017 Present: Ms. Jyotsna Rewal Dua, Sr. Advocate with Ms. Shalini Thakur, Advocate as Amicus Curiae.

Mr. Shrawan Dogra, Advocate General with Mr. Kush Sharma Dy. AG for respondent-State. Mr. Rajesh Sharma, ASGI for respondent-Union of India.

Mr. Rahul Mahajan, Advocate for the Indian Railways.

Mr. T.S. Chauhan, Advocate for the Pollution Control Board.

Mr. Sanjeev Kuthiala, Advocate with Mr. Manoj Bagga, Advocate for respondent No.10-Municipal Council Parwanoo.

Mr. Vivek Sharma, Advocate for respondent No.8.

Mr. C.N. Singh, Advocate for respondent No.12. Hr. Hamender Chandel, Advocate for Municipal Corporation, Shimla.

Mr. Nitin Thakur, Advocate in CMP No. 10290 of 2017.

Ms. Seema Guleria, Advocate in CMP No. 10426 of 2017.

This is in continuation of our earlier orders dated 4.12.2017, 5.12.2017 and 8.12.2017.

2. Mr. Sanjeev Kuthiala, Advocate, states that agreement for release of `50.00 lac already stands entered with the Pollution Control Board. Mr. Tara Singh Chauhan, Advocate, states that cheque for an amount of `40.00 lac already stands dispatched to the Municipal Council, Parwanoo. This is in addition to amount of `10.00 lac earlier released.

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3. Mr. Chauhan, further states that inspection party has already left for Bangalore and report of the Committee .

shall be positively filed before 19.12.2017. Accordingly, time to comply with the order dated 8.12.2017 is extended.

4. Mr. Sanjeev Kuthiala, Advocate, has handed over affidavit dated 14.12.2017 of Executive Officer, Municipal Council, Parwanoo indicating that out of 79 industrial defaulters with respect to the municipal dues/taxes, 66 defaulters have deposited their outstanding dues and 13 defaulters have yet to pay the same. We are happy that pursuant to order passed by this Court, in less than three weeks, a sum of Rs. 80,70,875/- stands recovered from 66 defaulters. Insofar as 13 defaulters are concerned, the affidavit is conspicuously silent as to why no action has been taken against them.

5. Mr. C.N. Singh, Advocate, has handed over an affidavit stating therein, that water connection in relation to 37 defaulters, as supplied by the Municipal Council, Parwanoo already stands disconnected. Mr. Vivek Sharma, Advocate, who appears for electricity board states that similarly electricity connection of all 37 defaulters/ establishments, list thereof stands supplied to them, already stands disconnected.

6. We direct the Deputy Commissioner, Solan to ensure that arrears of municipal tax/dues which are to be recovered from 13 defaulters, list whereof is supplied by Mr. Sanjeev Kuthiala, Advocate to Mr. Kush Sharma, learned Dy. ::: Downloaded on - 16/12/2017 23:07:03 :::HCHP

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Advocate General, be recovered as arrears of land revenue. Needful be positively done within a period of two weeks from .

today. Affidavit of compliance be filed both by the Municipal Council and the Deputy Commissioner.

7. Mr. Sanjeev Kuthiala, Advocate, further points out that also there are other defaulters termed as commercial defaulters, who have yet not deposited arrears of municipal tax/sanitation tax, particulars of whom are provided in Annexure R-10/P, annexed alongwith the affidavit. We notice that a sum of `34.00 lac (approximately) is due from such defaulters. Let similar action be taken against such defaulters and if necessary, their electricity and water connections be disconnected, in accordance with law. Mr. Vivek Sharma and Mr. C.N. Singh, Advocates, state that necessary directions passed by this Court shall be complied with in letter and spirit.

8. Insofar as transportation of municipal waste is concerned, from the affidavit it is apparent that 190 tones of Municipal Solid Waste now stands lifted from the Nallah to the Municipal Solid Waste Plant Site and transportation of 300 tones of Municipal Solid Waste from Parwanoo to Shimla shall commence by tomorrow (16.12.2017) as informed by Mr. Kuthiala.

9. Regretfully no affidavit of compliance with regard to inspection of industrial establishments at Parwanoo stands filed by the Pollution Control Board. We see no reason for the same. Let needful be positively done ::: Downloaded on - 16/12/2017 23:07:03 :::HCHP ...4...

by tomorrow (16.12.2017). It be also indicated in the affidavit as to how many industries are found to be non .

compliant and what action stands taken by the authorities.

10. Insofar as inspection carried out at Dharamshala and surrounding area is concerned, Mr. T.S. Chauhan, Advocate has handed over affidavit dated 14.12.2017 of Mr. Varun Gupta, Assistant Environmental Engineer, who is also present in the Court.

11. Referring to the said affidavit, Ms. Jyotsna Rewal Dua, learned Senior Counsel, points out that the respondent- Pollution Control Board has perhaps not understood the intent and purport of the order. Also, inspections are not being carried out with earnestness. Thus far, at Parwanoo out of 514 industrial establishments, only 291 establishments stands inspected and all this despite the fact that the Pollution Control Board has got appropriate establishment at that place. Even at Dharamshala, the Board has got an office and an Assistant Environmental Engineer posted there. From 11th to 13th December, 2017 only 88 establishments could be inspected at Dharamshala. Ms. Jyotsna Rewal Dua, learned Senior Counsel invites our attention to Annexure-IV, which we reproduce as under:-

"No.7-32/98-DTO(DMA)-2601 Office of the Deputy Director(Tourism) Kangra at Dharamshala.

To The Assistant Environmental Engineer, HPSPCB Dharamshala.

Dated :- 13th December, 2017 ::: Downloaded on - 16/12/2017 23:07:03 :::HCHP ...5...

Subject: CWPIL No. 269/2017 titled Court on its own motion V/s State of HP & ors. Pending before the Hon'ble High Court .

of HP.

Sir, In continuation to this office letter of even file no. 2592, dated 12-12-2017. A revised list of Hotels/Guest houses registered with this office (217 nos) as well as being operated without registration from this office (49 nos) is being enclosed strictly as per office record available. It is further added that updation will be done as and when new cases are found.

Encl:- As above Sd/-

(Sunayana Sharma, HAS) Deputy Director, Tourism Kangra at Dharamshala."

12. We notice that Pollution Control Board has got no independent information of its own as to how many establishments are there in and around Dharamshala. It seeks reliance only upon the information furnished by the Tourism Department. Crucially even as per the information furnished by the Tourism Department, there are 49 establishments which are not even registered with them. We fail to comprehend as to why no action stands taken thus far either by the Tourism Department or by the Pollution Control Board against these establishments.

13. Ms. Jyotsna Rewal Dua, learned Senior Counsel points out from page 10 of the affidavit that establishments mentioned at Sr. Nos. 82 to 87 are also not registered with the Tourism Department.

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14. Thus at least 49+6 establishments needs to be shut down forthwith and this we say so for the reason that .

not only such establishments are compulsorily required to be registered under the provisions of the Himachal Pradesh Tourism Development and Registration Act, 2002, but also have to seek consent to operate under the provisions of the Water (Prevention and Control of Pollution) Act, 1974, which they have not got. As such, we direct that electricity qua 49+6 establishments be disconnected forthwith. The identity of such establishments is not in dispute as is also evident from the Annexures to the affidavit. Mr. Vivek Sharma, Advocate, states that needful shall positively be done within a period of 24 hours. Mr. Kush Sharma, learned Dy. Advocate General undertakes to communicate the order to the Deputy Commissioner, Dharamshala and Superintendent of Police, Dharamshala, who shall ensure compliance of the order in letter and spirit. Also water connections of these establishments be disconnected by Municipal Corporation, Dharamshala. Mr. Kush Sharma, learned Dy. Advocate General submits that Deputy Commissioner, Dharamshala at Kangra shall ensure compliance. By way of abundant caution, Mr. T.S. Chauhan, Advocate, has handed over list of such establishments to Mr. Vivek Sharma, Advocate.

15. Insofar as other establishments are concerned, Mr. Varun Gupta, Assistant Environmental Engineer, who is present in the Court, undertakes to carry out inspection of all establishments registered or not and falling within the ::: Downloaded on - 16/12/2017 23:07:03 :::HCHP ...7...

Municipal area Dharamshala, as also the adjoining tourist place such as Mcleodganj and Naddi etc. within a period of .

three days. Mr. T.S. Chauhan, Advocate, states that adequate staff shall be deputed for such purpose. Mr. Kush Sharma, learned Dy. Advocate General states that if so required, staff from the District Administration shall be placed at the disposal of Mr. Varun Gupta, Assistant Environmental Engineer. Superintendent of Police, Kangra at Dharamshala shall ensure adequate police protection is provided, if so required and desired during the inspection to the inspecting parties.

16. Further we notice that out of 88 establishments inspected thus far, as per particulars mentioned in Annexure-I, most of the establishments have either not obtained their consent to operate or their applications for renewal is pending, meaning thereby, as on date, there is no consent to operate the establishments. The affidavit is conspicuously silent as to when such applications for renewal were filed and as to why they were not processed and what is their status. We direct that at least such of those establishments which have not applied for consent to operate, be shut down in accordance with law and their water and electricity connections be disconnected forthwith. Insofar as cases which are pending for renewal, we direct necessary action be positively taken within 15 days and such of those cases where ex-facie it is found that consent to operate cannot be renewed, appropriate action for ::: Downloaded on - 16/12/2017 23:07:03 :::HCHP ...8...

disconnections of water and electricity as well to shutting down such establishments shall be taken forthwith.

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17. Yet, we notice that in 22 cases so pointed out in Annexure-I, no action is being taken on account of interim orders passed by this Court. What is the nature of interim order, has not been disclosed in the affidavit. Let fresh affidavit in that regard be positively filed.

18. Further, we direct the Deputy Director Tourism posted at Kangra at Dharamshala to physically inspect the areas falling within the Municipal Corporation, Dharamshala and the adjoining areas of Mcleodganj and Naddi for verifying as to whether there are any other establishments running as hotels/guest houses which are not part of the list supplied, vide communication dated 13.12.2017. Needful be positively done within a period of two days and affidavit of compliance be filed. Mr. Kush Sharma, learned Dy. Advocate General undertakes to communicate the order.

List on 19.12.2017.

                                             (Sanjay Karol)
                                          Acting Chief Justice



           15th December, 2017              (Ajay Mohan Goel)
                  (Guleria/sd)                    Judge




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