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4 CWPIL No.27 of 2017
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14.12.2017 Present: Mr.Satyen Vaidya and Mr.B.C. Negi, Sr.Advocates 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 Mr.Anup Rattan and Mr.Varun Chandel, Additional Advocate Generals and Mr.J.K. Verma, Deputy Advocate General, for the respondents-State.
Mr.Rajesh Sharma, Assistant Solicitor General of India, for respondent No.5.
CMP No.10630 of 2017.
CMP No.10631 of 2017.
CMP No.10632 of 2017.
CMP No.10633 of 2017.
CMP No.10634 of 2017.
CMP No.10635 of 2017.
CMP No.10636 of 2017.
CMP No.10637 of 2017.
CMP No.10638 of 2017.
CMP No.10639 of 2017.
CMP No.10640 of 2017.
CMP No.10641 of 2017.
CMP No.10682 of 2017.
CMP No.10683 of 2017.
CMP No.10684 of 2017.
CMP No.10686 of 2017.
CMP No.10687 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 4 ::: Downloaded on - 15/12/2017 23:05:59 :::HCHP 5 CWPIL No.27 of 2017 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 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 reserve 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-
5 ::: Downloaded on - 15/12/2017 23:05:59 :::HCHP 6 CWPIL No.27 of 2017up/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 December 14, 2017 (aks) 6 ::: Downloaded on - 15/12/2017 23:05:59 :::HCHP