by admin | May 25, 2021 | News, Politics
Himachal Pradesh High Court
Shimla : The Himachal Pradesh High Court has asked state authorities to initiate action against 116 more hotels and guesthouses operating illegally in and around Dharamsala town and also to immediately disconnect their water and electricity connections.
During the resumed hearing, a bench of acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel was informed that the state pollution control board had carried out inspection of 309 hotels in Dharamsala and its suburbs McLeodganj and Naddi and found that 116 of these were violating rules.
The judges were hearing a public interest litigation on environment degradation in and around Dharamsala, the abode of Tibetan spiritual leader, the Dalai Lama, some 250 km from the state capital.
Earlier this month, the bench directed the authorities to disconnect water and electricity supply of 49 similar units. Later, 26 more units were added.
“We are happy to note that at least now the pollution control board has started performing its statutory duty,” the judges observed in an order dated December 19 that was provided to the media on Thursday.
Listing the case for the next hearing on Friday and directed the state Tourism Director to be present in the court, the bench said: “Himachal Pradesh essentially is a tourist destination. We want tourism to grow.
“Endeavour is not to stop the same in any manner. Perhaps, people running such establishments are not even aware of the factum of existence of the laws of compulsorily for getting certificates of registration or obtaining consent to establish.”
“Though, ignorance of law cannot be an excuse, but nonetheless, it is also the duty and obligation of the authorities to not only make people aware but also sensitise them about the same,” the bench added.
—IANS
by admin | May 25, 2021 | News
Shimla : Acting tough on forest land encroachments, mainly by apple growers, the Himachal Pradesh High Court has directed the state to remove all these, including by cutting power and water supplies, and to ensure that no one is allowed to enter the affected area for cultivation purposes.
It also directed the governments to use drones not only to keep vigil on encroached areas but also to detect any fresh cases.
A division bench of acting Chief Justice Sanjay Karol and Justice Tarlok Singh Chauhan passed the directions in a resumed hearing on encroachments in forests, according to the court order released to media on Friday.
The court, in its earlier order, had directed snapping of the electricity and water connections provided to all illegal structures raised by way of encroachment over the forest land in excess to 5 bighas.
It also directed to remove the encroachments, destroy the crops and plants on the encroached land and to fence the vacated land, all at the costs and expenses of the encroachers.
Listing the matter for next hearing on December 20, the court also observed it would be the personal responsibility of functionaries of the Gram Panchayat, Gram Sabha, Panchayat Samiti, Zila Parishad and the Forest, Revenue and Police Departments to ensure that the orders were complied with.
The bench directed the Principal Chief Conservator of Forests to place on record the half-yearly report submitted by forest guards with respect to the number of encroachments, and the state, the Forest Department and the Deputy Commissioners concerned to submit a report regarding recovery of undue profit made by encroachers.
It also asked the state to file status and compliance report clearly stating the action taken in ensuring compliance of all the court orders passed from time to time.
In April, the high court allowed the state to frame a policy to regularise small encroachments, mainly by growers, on government land with a rider that it did not compromise with its legality and validity.
Official sources said it came as a big relief for thousands of small growers, who have encroached upon forest and revenue land by illegally extending their orchards.
“The state may proceed with the policy but it should not be construed that we have upheld the legality and validity of the proposed policy.
“If the policy is made, its validity and legality can be tested at any time, if questioned,” the court had said.
An encroachment is an encroachment and the encroachers are liable to be evicted, the high court ruled on August 6, 2015.
The Comptroller and Auditor General of India in its report tabled in the assembly in March said the state has not been able to demarcate 54 per cent of its forest area in 28 years and there are over 15,409 cases of encroachments despite high court strictures.
—IANS
by admin | May 25, 2021 | Uncategorized
Shimla : Acting tough ahead of the November 9 assembly polls, the Himachal Pradesh High Court on Tuesday directed the state election officials to ensure that no defacement of public property by any political party takes place in the run-up to the electoral exercise.
A division bench, comprising of acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel, directed the Chief Electoral Officer that writing on walls and pasting of posters would not be allowed on “public spaces” and “places open to public view”.
They directed that display of any flag and sticker would not be permitted on commercial vehicles, except after obtaining requisite permission from the appropriate authority.
The court’s orders came while hearing a petition which alleged that the political parties often indulge in defacing walls and installing hoardings in violation of the provisions of the Model Code of Conduct and environmental laws.
The matter would come up for next hearing on October 23.
A total of 49.13 lakh voters will cast their votes in Himachal Pradesh, presently ruled by the Congress, to elect a new 68-member assembly. The results will be out on December 18.
—IANS
