Jammu & Kashmir High Court – Srinagar Bench
M/S Hotel New Muskaan vs Ut Of Jk And Ors on 2 July, 2025
Serial No. 249
Suppl. List
IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1513/2025
CM No. 3872/2025
M/S Hotel New Muskaan ...Petitioner(s)
Through: Mr. Altaf Haqani, Sr. Advocate, with Mr. Asif Bhat, Adv.
Vs.
UT of JK and Ors. ...Respondent(s)
Through: Mr. Mohsin Qadiri, Sr. AAG, with Mr. Ilyas Nazir Laway, GA.
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
ORDER
02.07.2025
1. It has been brought to the notice of this Court that petitioner has applied
for grant of consent to operate through online mode and after
examination of the case of the petitioner, a report has been submitted by
the Divisional Officer, Pollution Control Committee, Srinagar, which
reveals that the case of the petitioner has been found incomplete vis-à-vis
SMC fee receipt, NOC from the department of Fire and Emergency
Services, usage charges from LAWDA and Tourism Registration.
2. The petitioner was served a notice dated 27th March, 2025, for initiating
legal action against him under Environmental Laws to the effect that the
operation of the Hotel in question is in flagrant violation of the
Environmental Laws, which is punishable under Section 5 and Section
15 of the Environment (Protection) Act, 1986, which includes closure of
the Hotel as well. The aforesaid notice is impugned in the instant
petition.
3. From the perusal of the record, it has come to fore that the Pollution
Control Committee, Srinagar, could have taken action on the basis of
aforesaid notice, yet the Pollution Control Committee, Srinagar, has
decided to provide final opportunity to rectify the short-comings
mentioned in the impugned notice and submit compliance within a period
of seven days from the date of issuance of the said notice, otherwise legal
action, as per law, was to be initiated against the petitioner’s Hotel. The
record further reveals that petitioner has been conveyed in an
unambiguous terms that the application submitted by him for grant of
consent to operate stood rejected and cannot be considered until the
short-comings quoted in the aforesaid notice are rectified. Pursuant
thereto, the Regional Director, Kashmir, endorsed the recommendations
of the Divisional Officer, Pollution Control Committee, Srinagar, and
submitted the revised Closure Order Format of the Hotel in question on
28th May, 2025.
4. Since the deficiencies pointed out in the aforesaid notice were not
removed, the respondents proceeded to issue another closure Order dated
10th June, 2025, which is also impugned in the instant petition, by virtue
of which, the Hotel of the petitioner was directed to be closed, as running
of the Hotel, according to the respondents, could prove detrimental for
human health and environment of the area and, therefore, cannot be
allowed to operate in the present form that too without getting clearance
from the competent Authority. Accordingly, in exercise of powers vested
to the Jammu and Kashmir Pollution Control Committee under Section
33 (A) of Water (Prevention and Control of Pollution) Act, 1974 and
Section 31 (A) of the Air (Prevention and Control of Pollution) Act,
1981, the following directions were issued:-
i. Deputy Commissioner/District Magistrate, Srinagar shall close
down M/S. Hotel New Muskan, Boulevard Road District Srinagar
immediately.
ii. Director, Tourism Kashmir shall deregister the Hotel, if registered.
iii. Executive Engineer, (KPDCL) , Electric Division, Srinagar shall
disconnect the electric supply to the above stated Hotel immediately.
iv. Executive Engineer, Jal Shakti Department, Division Srinagar shall
disconnect the water supply to the above stated hotel, immediately.
v. Mr. Muneer Ahmad Dar, Prop. M/S. New Muskan, Bouleward
Road-District Srinagar is directed to cease the operation of hotel
forthwith.
5. The instant petition was heard at length on 1 st July, 2025 and this
Court deemed it proper to direct Mr. Mohsin Qadiri, learned
Sr.AAG, to have instructions in the matter and, accordingly, the
matter was directed to be listed on 2nd July, 2025, i.e., today. Today,
the matter is heard at length on behalf of the petitioner as also the
instructions, as desired, have been reported to this Court.
6. From further perusal of record, it transpires that the petitioner
although had applied through online mode for grant of consent to
operate and pursuant thereto, the deficiencies pointed out have not
been removed by the petitioner, which precisely is the reason that
the grant of consent to operate could not be issued in favour of the
petitioner, which ultimately led to the passing of impugned order of
closure. Had the deficiencies pointed out by the respondents in the
impugned notice been removed, the respondents would have
proceeded in granting consent to operate and there was no occasion
for the respondents to have closed the Hotel of the petitioner.
7. Confronted with the aforesaid position, Mr. A. Haqani, learned
senior counsel appearing for the petitioner, fairly submits that he be
granted one week’s further time to remove the deficiencies pointedout in the notice dated 27th March, 2025, and subject to the removal
of such deficiencies, he prays that the matter be referred to the
appropriate Authority for taking steps for grant of consent to operate
in conformity with the Environmental Laws. The submission made
by Mr. Haqani, learned senior counsel, seems to be genuine and is
accepted by Mr. Mohsin Qadiri, learned Sr. AAG. appearing on
behalf of the respondents.
8. Heard learned counsel for the parties and perused the material on
record.
9. Notice, which is waived by Mr. Mohsin Qadiri, learned Sr. AAG,
on behalf of the respondents. He seeks and is granted weeks’ time to
file reply.
10. In the meantime, as submitted by Mr A. Haqani, learned senior
counsel for the petitioner, the petitioner is directed to remove the
deficiencies as pointed out in the notice dated 27th March, 2025
within a period of one week from today and subject to the removal
of deficiencies mentioned supra, the respondents 2 and 3 shall
proceed further in the matter for issuance of consent to operate
strictly in conformity Jammu and Kashmir Water (Prevention and
Control of Pollution) Act, 1974 read with Jammu and Kashmir Air(Prevention and Control of Pollution) Act, 1981 within a period of
one week thereafter. Till the said decision is taken by the aforesaid
Authority, the order dated 10th June, 2025 as also the Notice dated
27th March, 2025, shall not be given effect to.
11.At this stage, it has been pointed out by Mr. A Haqani, learned
senior counsel that petitioner has applied before the Director
Tourism for registration of Hotel in terms of Tourist Trade Act,
1978, on 9th August, 2021, and till date, the needful has not been
done by the said Authority, which is also a pre-requisite for issuance
of consent to operate, inspite of the fact that the petitioner has
fulfilled all the requisite formalities. Learned counsel further
submits that the Director, Tourism is sitting over the matter and for
inaction on the part of the Director, the petitioner can in no way be
penalized/non-suited by the competent Authority in issuing grant of
consent to operate the Hotel under the Environmental Laws.
Accordingly, the competent Authority is also directed to take a final
call on the application, if any preferred, by the petitioner for
registration of Hotel in terms of Tourist Trade Act, 1978, within a
period of one week from the date of receipt of this Order, subject to
fulfillment of requisite formalities and if there is no other legal
impediment in granting the said registration in favour of the
petitioner, the same be granted.
12.It is made clear that this direction has been issued, keeping in view
the peculiar facts and circumstances of the case, and shall not be
made as precedent in other cases. It is further made clear that
interim protection granted by this Court shall remain in force till the
decision is taken by the competent Authority within the period
granted by this Court mentioned supra and continuance of the same
shall be subject to further orders which are likely to be passed by
this Court on the basis of decision of the competent Authority.
13.List on 15th July, 2025.
(WASIM SADIQ NARGAL)
JUDGE
SRINAGAR:
02.07.2025
“Shamim Dar”