Shimla: In its drive to put an end to unauthorized structures, the National Green Tribunal (NGT) has directed demolition of Hotel Barog Heights in Solan district in the next four weeks. The tribunal has also ordered the hotel to pay Rs 10 lakh penalty as environmental compensation within two weeks. The sum payable to Himachal Pradesh Pollution Control Board will be utilized for the protection, restoration and restitution of the ecology and environment in the area.
A principal bench of tribunal, headed by its chairperson, in its recent judgment on December 7 observed that "from the records placed before the tribunal, it is evident that the applicant has taken advantage of noncompliance of law". "Structures built-up are partially unauthorized and illegal. The applicant has operated without obtaining the consent of the board from April 1, 2012 till date," it said.
"The Town & Country Planning Department had issued notices for the demolition but for reasons best known to the said department, no steps had been taken to demolish the unauthorized and illegal structures," it added.
The tribunal said that besides causing environmental degradation, the applicant is also guilty of environmental pollution. Nothing has been placed on the record of the tribunal, which could be relied upon to state that the applicant is not an environment offender.
The NGT's judgment said that there is no evidence on record to show as to how such a big hotel is dealing with its municipal solid waste and is treating the sewage generated. It said that sewerage treatment plant (STP) is not of the requisite capacity as the applicant has been adding blocks and blocks of construction with the passage of time, without enhancing the capacity of the STP.
Tribunal said that the pollution control board has never analysed the quality of the sewage either at the inlet or even the outlet of the STP. "Such constructions needs to be demolished to prevent further degradation of environment and ecology in the area and also to ensure that undue pressure is not put on the natural resources causing scarcity of resources like water," it added.
It said that Hotel Barog Heights shall demolish the structure, which is unauthorised and in exercise to the provisions of Himachal Pradesh Town & Country Planning Act, 1977, within four weeks from the pronouncement of this judgement, failing which the Town & Country Planning Department, along with state administration shall demolish the structures and recover the cost incurred there upon as arrears of land revenue, in terms of section 30 & 39 (6) (B) of the Act, 1977.
Tribunal said that noticee shall pay the environmental compensation in terms of section 15 and 17 of the National Green Tribunal Act, 2010 for causing irretrievable damage to the ecology, for polluting the environment, raising unauthorised and illegal construction resulting in pressure on natural resources.
"We determine the environmental compensation to be paid by the noticee as Rs 10 lakh, which shall be paid within two weeks from the date of pronouncement of this order," it added. It said that environmental compensation shall be payable to Himachal Pradesh Pollution Control Board, who shall utilise the same for protection, restoration and restitution of the ecology and environment in the area.
A principal bench of tribunal, headed by its chairperson, in its recent judgment on December 7 observed that "from the records placed before the tribunal, it is evident that the applicant has taken advantage of noncompliance of law". "Structures built-up are partially unauthorized and illegal. The applicant has operated without obtaining the consent of the board from April 1, 2012 till date," it said.
"The Town & Country Planning Department had issued notices for the demolition but for reasons best known to the said department, no steps had been taken to demolish the unauthorized and illegal structures," it added.
The tribunal said that besides causing environmental degradation, the applicant is also guilty of environmental pollution. Nothing has been placed on the record of the tribunal, which could be relied upon to state that the applicant is not an environment offender.
The NGT's judgment said that there is no evidence on record to show as to how such a big hotel is dealing with its municipal solid waste and is treating the sewage generated. It said that sewerage treatment plant (STP) is not of the requisite capacity as the applicant has been adding blocks and blocks of construction with the passage of time, without enhancing the capacity of the STP.
Tribunal said that the pollution control board has never analysed the quality of the sewage either at the inlet or even the outlet of the STP. "Such constructions needs to be demolished to prevent further degradation of environment and ecology in the area and also to ensure that undue pressure is not put on the natural resources causing scarcity of resources like water," it added.
It said that Hotel Barog Heights shall demolish the structure, which is unauthorised and in exercise to the provisions of Himachal Pradesh Town & Country Planning Act, 1977, within four weeks from the pronouncement of this judgement, failing which the Town & Country Planning Department, along with state administration shall demolish the structures and recover the cost incurred there upon as arrears of land revenue, in terms of section 30 & 39 (6) (B) of the Act, 1977.
Tribunal said that noticee shall pay the environmental compensation in terms of section 15 and 17 of the National Green Tribunal Act, 2010 for causing irretrievable damage to the ecology, for polluting the environment, raising unauthorised and illegal construction resulting in pressure on natural resources.
"We determine the environmental compensation to be paid by the noticee as Rs 10 lakh, which shall be paid within two weeks from the date of pronouncement of this order," it added. It said that environmental compensation shall be payable to Himachal Pradesh Pollution Control Board, who shall utilise the same for protection, restoration and restitution of the ecology and environment in the area.
Get latest news & live updates on the go on your pc with News App. Download The Times of India news app for your device.
