Disposed

M/S.Hotel Dixit v. Principal Secretary

Orissa HC26 Aug 2016WP(C)/14177/2016

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition challenging an order imposing a penalty for failure to obtain consent to operate a hotel. The petitioner was granted a short extension to file application before the State Pollution Control Board pending such decision.

What did the court decide?

Writ petition disposed of; petitioner allowed three weeks to approach Board; no coercive action during pendency.

M/S.Hotel Dixit Vs Principal Secretary — Environment and Pollution | Orissa HC (2016)

¶1

 W.P.(C) No. 14177 OF 2016
26.08.2016

¶2

 Heard learned counsel for the petitioner and learned Additional Government Adv

¶3

ocate.

¶4

 The petitioner in this writ petition challenges the order dated 30.09.2015 and
 31.05.2016 issued by opposite party no.3, Regional Officer, State Pollution Control Board, Ba
lasore.

¶5

 The order dated 31.05.2016 has been issued to the petitioner indicating therei
n that pursuant to the direction of National Green Tribunal, since the petitioner has failed t
o obtain consent to operate, the petitioner has to pay Rs.6.00 lakhs as penalty/environmental
compensation to the Board.

¶6

 Learned counsel for the petitioner submits that since the petitioner is runnin
g the hotel unit having 18 rooms and the said hotel is coming under green category, it does no
t require any consent order. Learned counsel for the petitioner further contends that no oppor
tunity of hearing was afforded to the petitioner before issuing the notice under Annexure-7. T
herefore, the impugned notice under Annexure-7 is not sustainable in the eye of law on the gro
und of violation of principle of natural justice.

¶7

 Pursuant to the order passed by the National Green Tribunal, Eastern Zone Benc
h, Kolkata, the petitioner has to approach the State Pollution Control Board. Since the notice
 was issued by State Pollution Control Board on 31.05.2016, in case the petitioner approaches
such Pollution Board within a period of three weeks from today by filing an application, in su
ch event the application filed by the petitioner shall be considered in accordance with law wi
thin a period of four weeks thereafter.

¶8

 Till such decision is taken by the Board, no coercive action shall be taken ag
ainst the petitioner.

¶9

 The writ petition is accordingly disposed of.

¶10

 S. Panda, J.

M/S.Hotel Dixit v. Principal Secretary

Case brief

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M/S.Hotel Dixit v. Principal Secretary

Case brief

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