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Judgement of the National Green Tribunal regarding unauthorized construction of hotels in close vicinity of Kasauli, Himachal Pradesh, 30/05/2017

  • 30/05/2017

Judgement of the National Green Tribunal in the matter of Society for Preservation of Kasauli and its Environs Vs Bird’s View Resort & Others dated 30/05/2017 regarding unauthorized construction of hotels in close vicinity of Kasauli area in the State of Himachal Pradesh. It was brought before the notice of the court that there are instances where plans were sanctioned for a limited purpose but they have been flagrantly violated, for instance, where 7 rooms were sanctioned, 50 rooms have been constructed.

Some of the directions passed by the Court are the following:

1. Unauthorised and illegal construction raised in violation of the planning laws affecting environment, ecology and natural resources adversely, should be demolished and the demolition should be effected within two weeks.

2. The hotels are also liable to pay environmental compensation (amounting from five lakhs to 10 lakhs)  for causing irretrievable damage to the ecology, for polluting the environment, raising unauthorised and illegal constructions and thus, putting undue pressure upon the natural resources.

3. Appropriate mechanism should be provided for collection, handling and disposal of MSW from such hotels/guest houses, in accordance with the Solid Waste Management Rules, 2016.