Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(HP) 1172

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sanjay Karol, Acting Chief Justice, Sandeep Sharma, J.
Court On Its Own Motion - Appellant
Versus
Narcotic Control Bureau, Sub-zone Mandi - Respondent
CWPIL No. 27 of 2017
Decided On : 07-12-2017

Advocates Appeared:
Mr. Satyen Vaidya, Sr. Advocate as Amicus Curiae, with Mr. Pranay Pratap Singh, Advocate, for the Petitioner; Mr. Ashwani Pathak, Sr. Advocate with Mr. Sandeep K. Sharma, Advocates, for the Respondents No.1 and 2; Mr. Shrawan Dogra, Advocate General, with M/s Romesh Verma and Anup Rattan, Additional Advocate Generals, for the Respondents No.3 and 4 - State; Mr. Vikas Rathore, Senior Panel Counsel, for the Respondent No.5

Compliance with statutory requirements, coordinated enforcement actions, and ongoing efforts to combat illegal activities are essential for maintaining law and order in the area.

Headnote:
Joint Inspection Report - Statutory Lapses in Hotels - The HP Tourism Development and Registration Act, 2002, Air (Prevention and Control of Pollution) Act, 1981
Fact of the Case:

The court received a joint inspection report revealing that 44 out of 60 establishments in the Kasol area were operating without statutory sanctions, including permissions from the Tourism Department and consent to operate under the Air (Prevention and Control of Pollution) Act, 1981. Some establishments were also found to have encroached upon forest land.
Finding of the Court:

The court directed the immediate shutdown of the 44 establishments without proper permissions and instructed the Deputy Commissioner, Kullu, to coordinate with relevant departments for the removal of encroachments and demolition of unauthorized structures. It also ordered the disconnection of water and electricity supply connections to the establishments and the filing of a compliance report.
Issues: Unauthorized operation of establishments, encroachment on forest land, and illegal drug activities in the area.
Ratio Decidendi: The court emphasized the importance of compliance with statutory requirements and the need for coordinated efforts to address unauthorized operations and encroachments. It also highlighted the significance of ongoing operations to combat illegal drug activities.
Final Decision: The court directed the shutdown of 44 establishments, removal of encroachments, and continued efforts to combat illegal drug activities, with a review scheduled for a later date.

ORDER

1. 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.

S. No.	Name of Unit	Major Statutory Lapse(s).	Action Taken
1.	Hotel River Garden, Kasol.	1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
2.	River Edge Cafe & Rooms, Kasol	1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
3.	Lucky Guest House, Kasol	1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
4.	Kasol Cafe and Camps, Kasol.	1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
5.	Hotel Sun n Wind	Nil	.
6.	Hotel Sandhya, Kasol	Nil	.
7.	Pinki Home Stay, Kasol	1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
8.	Hotel Royal Orchard, Kasol.	1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
9.	Tejis Paying Guest House	1. No Hotel Unit Registration with Tourism Dept.	Notices Issued to Hotel Unit owners.
10.	Evergreen Restaurant, Kasol	1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
11.	Tibetan Kitchen Restaurant, Kasol.	1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
12.	Kapoor Family Guest House, Kasol.	1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
13.	Shay Guest House, Kasol.	1. No Hotel Unit Registration with Tourism Dept. 2. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
14.	Susi Restaurant, Kasol.	1. No NoC of Pollution Control Board.	Notices Issued to Hotel Unit owners.
15.

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Judicial Analysis

2017 Supreme(HP) 1172

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLASanjay Karol, Acting Chief Justice, Sandeep Sharma, J.Court On Its Own Motion - AppellantVersusNarcotic Control Bureau, Sub-zone Mandi - RespondentCWPIL No. 27 of 2017Decided On : 07-12-2017

Compliance with statutory requirements, coordinated enforcement actions, and ongoing efforts to combat illegal activities are essential for maintaining law and order in the area.

Judicial Analysis

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sanjay Karol, Acting Chief Justice, Sandeep Sharma, J.
Court On Its Own Motion - Appellant
Versus
Narcotic Control Bureau, Sub-zone Mandi - Respondent
CWPIL No. 27 of 2017
Decided On : 07-12-2017