Days after 77 budget hotels near IGI Airport were sealed for lack of requisite permissions, the National Green Tribunal (NGT) on Wednesday passed a slew of directions clearing the way for their reopening giving them a major relief. The directions came after Mahipalpur Association of Hotels and Guest Houses filed an affidavit stating that they would voluntarily close down and file fresh application before the Delhi Pollution Control Committee (DPCC) for Consent to Operate.
Applying the “polluter pays” principle to hotels/guest houses for operating without permission from Central Groundwater Authority (CGWA) and other departments, a bench headed by NGT Chairperson Justice Swatanter Kumar also imposed a fine on them which will be used for restoration of environment in the area. It directed hotels with over 50 rooms to pay Rs5 lakh, those with more than 25 rooms Rs2 lakh and those having less than 25 rooms Rs1 lakh as compensation.
“All the hotel and guest house owners in that area agree that they would voluntarily close their activities and would not operate any unit till they satisfy the directions issued by the Tribunal… We direct the SDM, police authorities and DPCC to ensure that none of these units operate commercially till the time they are granted consent to operate by the DPCC in accordance with law and subject to compliance of the directions of the Tribunal,” the bench said.
Directing all the hotels to move a fresh application for consent to operate within two weeks or any such other period which “applicants consider appropriate”, the bench said, “They will file application which shall be accompanied by all requisite documents and should be complete in all respect. Within one week of receipt of this application, DPCC shall inform deficiency or any other document that applicants are required to file within two weeks thereafter.”
During the hearing, advocate Balendu Shekhar, appearing for SDMC said requisite permissions to these hotels can only be given after they get water connections and they install STPs. Advocate Sanjeev Rally, appearing for DPCC, assured the bench that the applications for Consent to Operate would be dealt with expeditiously in accordance with law. The bench said the hotels, which have already filed application for consent to operate, shall be informed about the deficiency of documents by DPCC within two weeks from the date of the order.
“The application will be considered and consent to operate will be granted or refused by DPCC in accordance with law within two weeks thereafter. The entire process should be completed within six weeks,” the bench said. The bench added that the hotels which have been sealed, their seal would be opened by the SDMC subject to the compliance of the above conditions. “The applicants are at liberty to apply for grant of regular electricity connections. If the electricity connection is already granted and disconnected, the same may be connected for installation of the devices but if any hotel is found to be violating any of the conditions or operating commercially prior to the grant of consent, the DPCC, SDMC and the Corporation shall seal the hotel forthwith and electricity connection of the entire building shall be disconnected,” it said.
The Delhi Government had earlier ordered sealing of 77 budget hotels near IGI airport here which were allegedly operating without permission from either civic and police authorities and DPCC. The DPCC during its inspection had found several lapses in functioning of these hotels, which were drawing water “illegally” from about 30 borewells. They also did not have permission to extract groundwater from CGWA.