Sanjay Behal vs State of H.P. and Ors.

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 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.

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.

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

operate the hotel.

Sh. Narender Sharma, learned counsel representing the petitioner while inviting attention of this Court to Annexures 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.

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 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.