National Green Tribunal
Hotel Sentinel Through Managing ... vs The Andaman And Nicobar Administration ... on 12 May, 2022
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
Appeal No.06/2017/EZ
IN THE MATTER OF:
1. Andaman Chamber of Commerce Industry,
Through its General Secretary,
Mr. Krishna,
Aberdeen Bazar, Port Blair
2. M/s Sea Shell Hotel & Resorts,
Through its Manager,
Mr. Parvez Rana,
Marine Hill, Port Blair-744101
3. M/s TSG Emerald View,
Through its Manager,
MeeranHajaMohideen,
No.25, Maulana Azad Road,
Phoenix Bay, Port Blair-744102
4. M/s Hotel Abhishekh Andaman,
Through its Manager Suprince,
Goalghar, Port Blair-744103
5. M/s Sun Sea Resorts (Pvt.) Ltd.
Through its Manager,
Dabajit Ghosh,
MG Road, Middle Point,
Port Blair-744101
6. M/s Sinclairs Bay View
Through its Manager,
D. Chakraborthy,
South Point, Port Blair-744106
7. M/s Aparoopa Hotel,
Through its Manager Sarad,
Port Blair-744103
8. M/s Barefoot Resorts
Through its General Manager,
Sanjeev Kumar,
1
9. M/s Andaman Automobile Agency,
Through its General Manager,
Mr. K. Balan
Garacharma, Port Blair
10. M/s Mohan Ford Automobiles Pvt. Ltd.
Through its General Manager,
Mr. K. Balan,
Garacharma, Port Blair
11. M/s LMS Honda,
Through its Manager,
Mr. Anil Reddy,
C/o LMS Automobiles,
Jungilghat, Port Blair
12. M/s LMS Hyundai,
Through its Manager,
Mr. Jagadish,
C/o LMS Automobiles,
School Line, Port Blair
13. M/sAhaan Automobiles Andaman Pvt. Ltd.
Through its Manger,Kayal
14. M/s Prince Stores Trading Pvt. Ltd.
(Price Honda), Garacharma,
Port Blair, through its Manager Parial
15. M/s Prime Hardwares
(Prince Bajaj 2/3 wheelers & KTM),
Through its Manager Malay
16. M/s Gen Next Motors Andaman Pvt. Ltd.
(Tata Cars), New Pahargaon, Port Blair,
Through its Manager Mr. Vinith
17. M/s Mahindra & Mahindra (Four wheelers)
Through its Manager Sahid,
C/o Jadwet Trading Company Pvt. Ltd.
Garacharma, Port Blair-744105
18. M/s Mahindra & Mahindra (Two wheelers)
Through its Manager Pandi,
C/o Jadwet Trading Company Pvt. Ltd.
2
Aberdeen Bazar, Port Blair-744101
19. M/s Agency House (A&N I Pvt. Ltd.)
Through its Manager Ummers,
Garacharma, Port Blair-744105
20. M/s Agency House (A&N I Pvt. Ltd.)
Through its Manager Laiju,
Maruti Extension Counter,
Haramahal, Rangat, North & Middle Andaman
21. M/s Agency House,
Through its Manager Praboir,
Madhupur, Diglipur,
North & Middle Andaman
22. M/s Agency House (A&N I Pvt. Ltd.)
Through its Manager Abhisekh,
Dudh Line, Nayagaon,
Port Blair-744106
23. M/s AKT Automobile,
Through its Manager Mr. Balachandran,
Lingam Tower, VIP Road Junction,
Junglighat, Port Blair-744103
....Appellant(s)
Versus
1. The Andaman & Nicobar Administration
Through the Home Secretary,
Ministry of Home Affairs, Government of India,
North Block, New Delhi-110001
2. The Andaman & Nicobar Administration,
Through the Lieutenant Governor,
Raj Niwas, Port Blair-744101
3. The Chief Secretary,
Andaman & Nicobar Administration,
Secretariat, Port Blair-744101
4. The Principal Secretary,
(Environment Forest),
Haddo, Port Blair-744102
5. The Chairman,
Pollution Control Committee,
3
Department of Science and Technology,
Dollygunj, Port Blair-744101
6. The Senior Secretary,
Department of Science and Technology,
Andaman & Nicobar Administration,
Port Blair-744101
7. The Member Secretary,
Andaman & Nicobar Pollution Control Committee,
Department of Science and Technology,
Dollygunj, Port Blair-744102
8. The Port Blair Municipal Council,
Through the Secretary,
Port Blair Municipal Council-744101
....Respondent(s)
Appeal No.09/2017/EZ
IN THE MATTER OF:
1. Hotel Sentinel,
Through its Managing Director,
Mr. D.P. Singh, Phoenix Bay, Port Blair-744101
2. Silver Sand,
Through its Partner,
Mr. D.P. Singh, Havelock Island,
Under Port Blair Tehsil,
South Andaman District-744101
3. Silver Sand,
Through its Partner,
Mr. Rubdeep Singh,
Neil Island, Under Port Blair Tehsil,
South Andaman District-744101
4. Hotel Shompen,
Through its Director,
4
Mr. Kulmohan Singh,
2, Middle Point, Port Blair-744101
5. Symphony Palms,
Through its Authorized Signatory,
Mr. Tanveer Singh,
Beach Resort, Govind Nagar,
Havelock, Port Blair Tehsil
.... Appellant(s)
Versus
1. The Andaman & Nicobar Administration
Through the Home Secretary,
Ministry of Home Affairs, Government of India,
North Block, New Delhi-110001
2. The Andaman & Nicobar Administration,
Through the Lieutenant Governor,
Raj Niwas, Port Blair-744101
3. The Chief Secretary,
Andaman & Nicobar Administration,
Secretariat, Port Blair-744101
4. The Principal Secretary,
(Environment Forest),
Haddo, Port Blair-744102
5. The Chairman,
Pollution Control Committee,
Department of Science and Technology,
Dollygunj, Port Blair-744101
6. The Senior Secretary,
Department of Science and Technology,
Andaman & Nicobar Administration,
5
Port Blair-744101
7. The Member Secretary,
Andaman & Nicobar Pollution Control Committee,
Department of Science and Technology,
Dollygunj, Port Blair-744102
8. The Port Blair Municipal Council,
Through the Secretary,
Port Blair Municipal Council-744101
....Respondent(s)
COUNSEL FOR APPELLANT:
Ms. Anjali Nag, Advocate
COUNSEL FOR RESPONDENTS:
Mr. Ramendu Agarwal, Advocate a/w
Mr. Surendra Kumar, Advocate for A & N PCC
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On: -4thMay, 2022 Pronounce On: -12th May, 2022 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard learned Counsel for the Appellant as well as the learned Counsel for the Respondents and perused the documents on record. 6
2. These appeals have been taken together as they raise common questions of law and fact.The 23 appellants of Appeal No.06/2017/EZ and 5 appellants of Appeal No.09/2017/EZ have filed these appeals seeking quashing of the notices dated 09.08.2017 and orders dated 27.09.2017, issued by the Member Secretary, Andaman &Nicobar Pollution Control Committee.Brieflystated the facts of the case are that the Appellant No.1 claims to be an association of persons running Hotel business in the Andaman Islands.
3. Appellant Nos.2 to 16 are stated to be running Hotel business and Appellant Nos. 7 to 21 are involved in other business activities designated as Industrial Units by the Pollution Control Committee.
4. Appellant No.2, M/s Sea Shell Hotel & Resorts was issued a notice 09.08.2017 by the Pollution Control Committee calling upon it to install a Sewerage Treatment Plant (STP) in the premises of the Hotel/Resort. The Notice dated 09.08.2017 has been filed as Annexure-A to the original application and it mentions that the same has been issued in pursuance of the judgment of the Hon'ble Supreme Court in Paryavaran Suraksha Samiti &Anr. Vs. Union of India &Ors.1,.
5. The notice mentions that in spite of a Public Notice having been issued on 22.04.2017 in the 'Daily Telegram' asking industrial units requiring 'Consent to Operate', to take all necessary measures to install Sewerage Treatment Plants (STP) in their premises within 1 (2017) 5 SCC 326 7 90 days from the date of issuance of the notice but the Unit has not installed the Sewerage Treatment Plant (STP) and is in violation of the directions of the Hon'ble Supreme Court.
6. The Appellant No.2 submitted his reply to the Pollution Control Committee on 23.08.2017, stating that he was using Bio- Digesters which is one of the methods of Treatment of Sewage.It is stated that no hearing was held and straightaway an order dated 29.09.2017, was passed, copy of which has been filed as Anexure- A-3.
7. By this order, the Appellant No.2 has been restrained from carrying on any further industrial activity with immediate effect till such time the Sewerage Treatment Plant (STP)is installed and made functional and 'Consent to Operate' is obtained afresh from the Pollution Control Committee.Similar orders have been passed in the case of the other appellants.
8. The Andaman & Nicobar Pollution Control Committee in its affidavit justified the impugned order stating that the same had been passed in compliance of the judgment of the Hon'ble Supreme Court in the case of Paryavaran Suraksha Samiti.It is also stated that it is mandatory on the part of the Industrial Units to obtained 'Consent to Establish' and 'Consent to Operate' from the Andaman & Nicobar Pollution Control Committee.It is further stated that the Pollution Control Committee has enacted the following notifications for Prevention and Control of Pollution in the Andaman & Nicobar Islands. The notificationsread as under: -
8
a) Imposed complete ban on use of plastic carry bags in these islands since 2010 vide Andaman and Nicobar Gazette Notification No. 202 dated 02.08.2010.
b) Implement scheme for exemption of freight charge to transport waste plastic, glass and c-waste to mainland for its recycling vide Andaman and Nicobar Gazette Notification No. 109 dated 28.06.2016.
c) Notified guidelines to setup stone crusher units vide Andaman and Nicobar Gazette Notification No. 154 dated 03.08.2017.
d) Notified guidelines for treatment of effluents and sewage and solid waste management for hotels/resorts and automobile service centre vide Andaman and Nicobar Gazette Notification No. 234 dated 22.09.2017.
9. It has been further revealed by an inspection conducted on 27.09.2017 that large scale non-compliance with regard to 84 Hotels and Resorts as well as 19 Automobile Service Centres have been observed as they have been found not to have functional STPs/ETPs which is mandatorily required to be installed under the relevant laws. The Andaman & Nicobar Pollution Control Committee had issued notices under Section 33 (a) of the Water (Prevention & Control of Pollution) Act, 1974 restraining them from undertaking their activities until such time that functional STPs were installed and Consent to Operate obtained afresh in compliance of the order of the Hon'ble Supreme Court dated 22.02.2017 in W.P.(C) 9 No.375/2021, Paryavaran Suraksha Samiti &Anr. Vs. Union of India &Ors.
10. The Respondent Nos.1,2,3,4 &7 i.e. the Andaman & Nicobar Administration in its affidavit has reiterated the facts already taken by the Pollution Control Committee.
11. The Andaman & Nicobar Pollution Control Committee has filed another affidavit dated 17.08.2018. Sub-paragraphs'a' to 'f' of Paragraph 9 of this affidavit are extracted herein below: -
"
(a) There are 02 Grossly Polluting Industries, out of which one industry, namely, M/s ANIDCO Milk Plant has installed ETP which is functional. The second industry, namely, M/s Fresh Fruit, has not installed the ETP till date for which the closure directions already been issued vide No. 7-32/PCC/SC(375/20[12)/2017/153 dated 22.06.2017 and on surprise check carried out by the ANPCC staff on 27.06.2018 the said unit was found to be non-functional.
(b) Out of 103 defaulting industries, 69 Nos. of industries have installed STPs/ETPs.
(c) 08 No. of units out of 103 units served with ANPCC notice dated 22.09.2017 are in various stages of installation of STPs/ETPs.
(d) 46 No. of applications for grant of Consent to Operate have been received as on 16.08.2018 which have been scrutinized and returned back to the applicant to re-submit the same after obtaining CRZ certificate from Competent Authority.
(e) 20 Nos. of Consent to Operate has been issued to the industries till 16.08.2018.
(f) 03 Nos. of application are under process issue of Consent to Operate."
12. TheTribunal by its order dated 22.09.2021, thereafter directed the Andaman & Nicobar Pollution Control Committee to file the 10 current status with regard to each of the Appellants' hotels and what action has been taken by the Andaman &Nicobar Pollution Control Committee, computation of Environmental Compensation, penalty for illegal operation without Sewerage Treatment Plant(STP) and the cost of remedial measures.This information was required to be submitted by the Member Secretary on affidavit.
13. An affidavit dated 06.10.2021 has been filed by the Andaman & Nicobar Pollution Control Committee bringing on record a chart. It has been shown that out of 103 Hotels/Resorts/Automobile Service Centers, 14 have not yet installed Sewerage Treatment Plant (STP)/Effluent Treatment Plant (ETP), and out of these 14 non- compliant units, 7 units have been issued show cause notices and to 2 units closure notices have been issued, but what is the status of remaining 5 non-compliant units was not indicated in this affidavit.
14. The Tribunal, therefore, directed the Member Secretary to file a fresh affidavit bringing on record the Action Taken Report with regard to the 7 non-compliant units to whom show-cause notices and 2 non-compliant units to whom closure notices had been issued and 5 units of whom nothing has been stated. In reply thereto, the Pollution Control Committee has filed an affidavit dated 06.01.2022.In this affidavit, it has been mentioned in paragraph 16 that there are 413 Hotels and 22 Automobile Service Centres out of which 288 Hotels fall under Green Category, 124 Hotels and 22 11 Automobile Service Centers fall under Orange Category and 01 Hotel falls under Red Category.
15. In paragraph 20, it has been mentioned that from information received from the Electricity Department and from the GST Department, it has come to the notice of the Pollution Committeethat there are 569 Hotels.
16. The affidavit also discloses that out of 103 Hotels mentioned in paragraph 10, 61 nos. are non-complying units whereas closure notice has been issued to 14 units and final notices have been issued to the 61 hotels which are operating without 'Consent to Operate' (CTO) but have installed STP and ETP. It has not been mentioned as to how much Environmental Compensation or penalty has been computed against such Hotels or Automobile Service Centres which are violating the environmental norms. Paragraph No.10 of the affidavit reads as under:-
"10. I stated that since October 6, 2021, of the said 14 units, 3 more have installed STP/ETP and hence the number of units without STP/ETP as on date are 11.
Status of 103 units No. of Units No. of units issued Consent to Operate 26 No. of units under process for issue of 2 Consent to Operate No. of non-complying units [w.r.t. 14 (out of 14 functioning of STP/ETP and Consent to Recently 3 Operate] units have 12 installed STP/ETP) No. of non-complying units [w.r.t. 61 Consent to Operate only] Total 103
17. We may also extract Para-14 of this affidavit which reads as under: -
"14. I state that the units whose consent to operate have been held up due to Costal Regulation Zone (CRZ) issues are 50. Out of which, 45 units are Hotels and 05 are Automobile Service Centers. On verification with each unit it has been informed that 08 units have applied to Forest Department out of which 1 has obtained CRZ, 7 units are pending with Forest department, out of which 5 are pending for Post Facto Clearance. 03 units have applied to Revenue department out of 3 has obtained CRZ,17 units have informed that they have not applied for CRZ, 15 units have informed that they have applied for CRZ but does not possess any valid documents and 07 units have not provided any information.
Port N&M Swaraj Shaheed Total
Blair Andaman Dweep Dweep
Hotels 29 - 12 04 45
Automobile
Service 05 - - - 05
Centre
(ASC)
Total 34 - 12 04 50
Abstract
1. Applied to Forest Department (Post Facto) = 05
2. Applied to Forest Department = 03 (01 issued)
3. Applied to Tehsildar = 03 (03 issued)
4. Unit have informed that they have not = 17
applied for CRZ Clearance
5. Units have informed that they have applied = 15 for CRZ but does not possess any valid documents 13
6. Units that have not provided any information = 07"
18. This affidavit discloses that out of 50 Hotels/Automobile Service Centers mentioned in the chart, it has not been indicated as to what action has been taken against them.
19. The learned Counsel for the Pollution Control Committee submitted that the 50units which are referred to in paragraph 14 of the affidavit, quoted hereinabove are part of the 61units referred to in paragraph10 and 12 of the affidavit.
20. The Andaman & Nicobar Pollution Control Committee has filed another affidavit dated 09.03.2022, paragraphnos. 5 to 15 of which read as under: -
5. "Istate that in terms of the order dated January 7, 2022 passed by this learned Tribunal, the ANPCC accumulated data available with it, the Electricity Department of the A&N Administration and the Goods and Services Tax Department, which it transpired that a total of 586 units are there in Andaman and Nicobar Islands. ANPCC has then conducted inspection of the said 586 units. The said units include:
Sl. No. Particulars Nos. 1. Hotels 500 i. Red-01 ii. Orange - 137 iii. Green - 362 2. Automobile Service Centers 24 (ASCs) 14 i. Red - 00 ii. Orange - 24 iii. Green - 00 3. Other business that does not 62 fall as per CPCB revised classification of Industries such as travel agencies, offices etc. Total 586
6. I state that out of the said 586 units, 362 hotels which are classified as green, 62 units which do not fall within the CPCB (Central Pollution Control Board) revised classification of Industries hence leaving a total of 162 orange and red category units required to obtain CTO and install STP/ETP as applicable.
7. I state that the details of 162 units and their present status is as follows:
Status of STP/ETP in Units STP ETP Total Installed 109 15 124 Installation Under Process 04 02 06 Not Installed 25 03 28 Permanently Closed -- 04 04 Total 138 24 162 Action taken for 28 nos. of units for not installation of STP/ETP:
Action for not installation of Hotel ASC (ETP) 15 STP/ETP (STP) Closure Notice issued (dt. 02 - 30.12.2021) Final Notice issued (dt. 01 01 31.12.2021) Show Cause Dt. 03.02.2022 11 - Notice Issued Dt. 16.02.2022 08 01 Dt. 03 01 24.02.2022. total 25 03
8. I state that the updated status report, with regard, the action taken said 162 units, which would indicate the steps taken, is set out below for ease of reference.
Status Total Hotels Total Total Status of STP/ETP Status of CTO ASC Red Orange Orange Hotel ASC CTO Issued 01 27 06 34 28-STP 06-ETP 28- 06-
Installed Installed Issued Issued Closure Notice Issued - 10 03 13* 06-STP 01-ETP Applied- Applied- (dt.30.12.2021) Installed Installed 02 01 Returned- Returned- 02 01 02-STP 02-ETP Installation Installation - - Under Under Process Process 02-STP Not - Applied- - Installed 02 Returned- 01 Final Notice Issued - 50 11 61 49-STP 06-ETP Applied- Applied- (dt.31.12.2021) Installed Installed 23 05 Returned- Returned- 14 01 - 04- Permanently Closed 01-STP Not 01-ETP Not Applied- Installed Installed 01 Show Dt.03.02.2022 - 13 - 13 02-STP - - - Cause Installation Notice Under Issued Process 11-STP Not - Applied- - Installed 03 Dt.16.02.2022 - 12 02 14 04-STP 01-ETP Not Not Installed Installed Applied Applied 08-STP Not 01-ETP Not Installed Installed Dt.24.02.2022 - 11 01 12 08-STP Applied- - 16 Installed 02 03-STP Not 01-ETP Not - - Installed Installed Applied for CTO Online - 14 01 15 14-STP 01-ETP Returned- - Installed Installed 02 Total 01 137 24 162** (138+24)
* Out of the 14 units of whom Closure Notices were issued, the hotel M/s Shalini Junglighat has demolished & reduced the number of rooms to 18 nos. Hence the hotel has been re- classified from Orange to Green.
** 162 units include all 103 units listed in Appeal No. 06 & 09/EZ (List of 103 Units) except 01 unit that has been re- classified from Orange to Green.
A copy of the sample closure notice dated 30.12.2021, Final Notice dated 31.12.2021, Show cause notices dated 03.02.2022, 16.02.2022 and 24.02.2022 are annexed hereto and marked as 'B'.
9. It will be evident from the aforesaid that as of date a total 110 (138-28) hotels and 14 (24-6-4) ASC are in violation of thejudgment order dated February 22, 2017 passed by the Hon'ble Supreme Court of India in the matter of W.P. (C) No. 375 of 2012 (Paryavaran Suraksha Samiti &Anr. Vs. Union of India and Ors.).
10. Out of 110 non-compliant hotels, 81 have installed STP, of which 14 have even applied for CTO and as such are non- polluting in that regard, 4 are in the process of installation of STP. Accordingly, as of date 25 (110-81-4) Hotels have not installed STP. Regardless of the aforesaid, the ANPCC has 17 taken action against the said 110 Hotels, which will be evident from the chart produced at para 8 above.
11. Likewise, out of 14 non-compliant ASCs, 9 have installed ETP, of which 1 have even applied for CTO and as such are non-polluting in that regard, 2 are in the process of installation of ETP. Accordingly, as of date 3 ASCs have not installed ETP. Regardless of the aforesaid, the ANPCC has taken action against the said 14 ASCs, which will be evident from the chart produced at para 11 above.
12. Out of 103 units (Hotels + ASC) listed in Appeal, there are 50 units whose consent to operate has been held up due to Coastal Regulation Zone (CRZ) issues. On verification with each unit, it was informed that 10 units have applied to Forest Department out of which 01 has obtained CRZ, the application of 09 units are pending with Forest Department, out of which 06 are pending for Post Facto Clearance. 19 units have applied to Revenue Department, out of which 13 has obtained CRZ, 17 units have informed that they have not applied for CRZ and 04 units have not provided any information. The details of the said units are annexed herewith and marked as C. Summary status of Coastal Regulation Zone clearance document of the 50 units:
Previous Status Present status Applied to Forest 05 06 Department (Post 18 Facto) Applied to Forest 03 (1) issued 04 (01 issued) Department (Normal) Applied to Tehsildar 03 (03 issued) 19 (13 issued) Units have informed 17 17 that they have not applied for CRZ Clearance Units have informed 15 - that they have applied for CRZ but does not possess any valid document Units not provided 07 04 any information Total 50 50
13. I state that in respect of the said 50 units, the ANPCC has written letters to the concerned authorities which issue CRZ clearance. Copy of the said letters are annexed herewith and marked as D.
14. In addition to the aforesaid, ANPCC conducted a hearing on February 24, 2022 to guide the applicants for facilitating the application for post facto and other CRZ Clearances pending with Forest Department. A co of the minutes of the hearing held is annexed herewith and marked as E.
15. I state that immediately after the last hearing held on 07- 01-2022, the ANPCC has taken the following action within a period of 2 months. The ANPCC officials inspected 586 units even during COVID times in the entire Andaman and Nicobar 19 Islands. Further the Member Secretary ANPCC despite being engaged as Returning Officer of Panchayat Elections for last 1 month, the following action has been taken by the ANPCC which his summarized below:-
I. 586 units were inspected by ANPCC in all over ANI.
Inspection Category of units found
carried in all
Green Orange Red List of units
over ANI
not falling
undue the
classification
of CPCB
586 362 161 1 62
II. Out of 162 (Orange and Red) Units:
CTO issued = 34
CTO applied = 52
STP installed = 109
ETP installed = 15
III. Conducted hearing on 24-02-2022 to guide the applicants for facilitating the application for post facto and other CRZ Clearances pending with Forest Department."
21. The Tribunal by its order dated 10.03.2022 had directed the Andaman&Nicobar Pollution Control Committee to compute Environmental Compensation against the defaulting Hotel/Automobile Service Centers/Units and file an affidavit in 20 thisregard.No such affidavit has been filed.However, we may reproduce the chart which has been filed by the Andaman & Nicobar Pollution Control Committee along with its affidavit dated 09.03.2022 of the list of Hotels and Automobile Service Centers not having CRZ certificate or which have not applied for 'Consent to Operate'.
"List of Hotel and Automobile Service centres not having CRZ certificate S.No Name of the hotel Hotel/ Consent Status Automobile Service Center Hotels (South Andaman)
1. M/s Sea Shell Hotels & Resorts, Hotel STP installed.
Port Blair-744101. Ph-03192 CTO under
242773. Email- process
[email protected]
2. Hotel SL International, Hotel STP installed.
Protherapur, Port Blair CTO not applied.
3. M/s Blue Sea Hotel Pvt. Ltd, Hotel STP installed.
M.G. Road, Middle Point, Port CTO not applied.
Blair-744101, Email-
[email protected]
4. M/s S.R. Castle, Opp. Govt. Hotel STP installed.
Polytechnic, Dollygunj, Port CTO not applied.
Blair-744103, Email-
[email protected]
5. M/s Hotel Rishab, Marine Hill, Hotel STP installed.
Port Blair-744101. Email- CTO not applied.
[email protected]
6. Megapode Resort, Haddo Port Hotel STP installed.
Blair CTO not applied.
7. Hotel Port Mariden, Delanipur, Hotel STP installed.
21
Port Blair CTO not applied.
8. Dev Haweli, Delanipur, Port Hotel STP installed.
Blair CTO not applied.
9. Dev Mahal, Prem Nagar, Port Hotel STP installed.
Blair CTO not applied.
10. M/s Hotel Sentinel, Phoenix Hotel STP installed.
Bay, Port Blair. Ph-03192 CTO not applied.
244914/9932089996. Email-
[email protected]
11. M/s Hotel NK International, Sea Hotel STP installed.
Shore Road, anarkali, Port CTO not applied.
Blair-233066. Email-
[email protected]
12. Hotel DhanalaxmiPvt. Ltd., Hotel STP installed.
Aberdeen Bazaar, Port Blair CTO not applied.
13. Hotel ACC, Mohanpura, Port Hotel STP installed.
Blair CTO not applied.
14. Hotel Shan N Shah, Mohanpura, Hotel STP installed.
Port Blair CTO not applied.
15. Hotel Dream Palace, Haddo, Hotel STP installed.
Port Blair CTO not applied.
16. Hotel Kings Tower, Haddo main Hotel STP installed.
Road, Opp Van sadan Port Blair CTO not applied.
17. Hotel Evergreen Residency, Port Hotel STP installed.
Blair CTO not applied.
18. M/s Sea Princes Beach Resort, Hotel STP installed.
New Wandoor Beach, South CTO not applied.
Andaman, PINA:744101
19. Hotel Hill View, Air Road, Hotel STP installed.
Delanipur Port Blair CTO not applied.
20. GB OCEANIA, Bathubasti Hotel STP installed.
Junction, Garacharma, Port CTO not applied.
Blair
21. Palm Grove Eco Resort, Hotel STP installed.
22
Protherapur, Port Blair CTO not applied.
22. The White Coral, Sippighat, Port Hotel STP installed.
Blair CTO not applied.
23. Hotel SRM, Babuline, Aberdeen Hotel STP installed.
Bazaar, Port Blair CTO not applied.
24. Maya Hotel, JN Road, Haddo Hotel STP installed.
Port Blair CTO not applied.
25. Hotel Ram Niwas, Babuline, Hotel STP installed.
Aberdeen Bazaar, Port Blair CTO not applied.
26. M/s The North Reef, Dollygunj, Hotel STP installed.
Port Blair Email- CTO not applied.
[email protected]
27. M/s Islander Inn, Phoenix Bay, Hotel STP installed.
Pongi Chong, Port Blair, Email- CTO not applied.
[email protected] Ph-03192-
234234
28. A.G. Residency, Garacharma, Hotel STP installed.
Port Blair CTO not applied.
29. Hotel Vivek, Garacharma, Port Hotel STP installed.
Blair CTO not applied.
30. Hotel Port Residency, CARI Hotel STP installed.
Road, Bathubasti, Port Blair CTO not applied.
Automobile Service Centres (ASC)
31. M/s Jadwet Trading Co. Automobile ETP installed.
Pvt.Ltd.(Mahindra & Mahindra) Service CTO not applied.
Garacharama, Ph-9932089864 Centre
32. M/s Agency House, Dudhline, Automobile ETP installed.
Nayagoan, Port Blair, Ph- Service CTO not applied.
9434282419 Centre
33. M/s Agency House, Automobile ETP installed.
Garacharma, Port Blair, Ph- Service CTO not applied.
9434282419 Centre
34. M/s Mohan Automotives Pvt Automobile ETP installed.
Ltd, Garacharma, Port Blair, Ph- Service CTO not applied.
23
8001230400 Centre
35. M/s LMS Honda, Junglighat, Automobile ETP installed.
Port Blair Service CTO not applied.
Centre
Hotels: (Havelock Island)
36. M/s Symphony Palms, No.3, Hotel STP installed.
Govind Nagar, Havelock CTO not applied.
37. Havelock Island Beach Resort Hotel STP installed.
Pvt. Ltd, Govind Nagar, CTO not applied.
Havelock
38. Coral Reef Resort Pvt. Ltd., No.5 Hotel STP installed.
Vijay Nagar beach, Havelock CTO not applied.
39. Sun Rise Beach Resort, No. 5 Hotel STP installed.
Vijay Nagar Beach, Havelock CTO not applied.
40. Shangri Las Beach Resort, No.5 Hotel STP installed.
Vijay Nagar Beach, Havelock CTO not applied.
41. El dorado Beach Resort, No.5 Hotel STP installed.
Vijay Nagar Beach, Havelock CTO not applied.
42. Arpita Pent House, Govind Hotel STP installed.
Nagar, Havelock CTO not applied.
43. The Kingdom, Radha Nagar, Hotel STP installed.
No.3, Havelock CTO not applied.
44. Silver Sand, No.5 Vijay Nagar Hotel STP installed.
Beach, Havelock CTO not applied.
45. Orient Legend Resort, No.5 Hotel STP installed.
Vijay Nagar Beach, Havelock CTO not applied.
46. Holiday Inn, Govind Nagar, Hotel STP installed.
Beach No.5, Havelock CTO not applied.
47. Barefoot Resorts, Beach No.7, Hotel STP installed.
Radha Nagar, Havelock CTO not applied.
Hotels: (Neil Island)
48. Tango Beach Resort, Beach Hotel STP installed.
No.1, Lakshamanpur, Neil CTO not applied.
Island
24
49. Summer Sands Beach Resort, Hotel STP installed.
Ram Nagar, Beach No. 5, Neil CTO not applied.
Island
50. Silver Sand Beach Resort, Hotel STP installed.
Lakshmanpur, Neil Island CTO not applied.
51. Holiday Inn Beach Resort Pvt. Hotel STP installed.
Ltd, Beach No.3, Ram Nagar, CTO not applied.
Neil Island
22. This affidavit also brings on record as Annexure-E the Minutes of the Hearing held on 24.02.2022, under the Chairmanship of Shri Sanjay Kumar Jha, IAS Secretary (S&T) cum Chairman of ANPCC to facilitate the application for CRZ clearances for compliance of the order of the Tribunal dated 07.01.2022, in Appeal No.06/2017/EZ and Appeal No.09/2017/EZ.
23. Reference has been made to the MoEF&CC notification no.3840(E) dated 03.08.2018, whereby a one-time window of applications for Post Facto Clearances in respect of those permissible activities for which clearances were not obtained had been provided for the Coastal Regulatory Zone Clearances.The last date of receipt of applications to the Ministry for one-time regularization was 30.09.2018. Validity period was never extended beyond 30.09.2018.
24. Reference has also been made to the MoEF&CCvide OM No.19-27/2015-IA.III dated 19.02.2021 which provides as under: -
i. All activities, which are otherwise permissible under the provisions of Coastal Regulation Zone Notification, but have 25 commenced construction without prior clearance, would be considered for prospective clearance only in such cases wherein the project proponent applies for such a clearance to the concerned Coastal Zone Management Authority (CZMA) along with required documents as given in para number 4.2 of the said CRZ Notification, 2011 such as: (a) Form-I; (b) CRZ map in 1:4000 scale drawn up by any of the agencies identified by the Ministry of Environment, Forest and Climate Change vide its Office Order number J-
17011/8/92-IAIII, dated the 8th August, 2019; (c) Marine EIA Report and/or Terrestrial EIA Report, as may be applicable; (d) NOC from SPCB, as may be applicable etc. ii. As the project commenced construction and / or operations without a prior CRZ clearance, the CZMA shall assess the environmental damages caused by such an action and shall give specific recommendation in respect of activities, corresponding to the environmental or ecological damage assessed, to be taken up by the project proponent within a period of three years from the date of clearance, under Compensatory Conservation Plan (CCP) and a Community Resource Augmentation Plan (CRAP). The said plans may comprise of indicative activities as in the Annexure. The cost for assessment of environmental damage, if any, may be guided by the Ministry of Environment, Forest and Climate Change vide O.M. No. 19-125/2019-IA.III, dated 05/03/2020 and / or project specific assessment by the CZMA.
iii. The CZMA shall also give specific recommendations and shall certify that there is no violation/contravention of the CRZ norms, while making such recommendations and that the project is in consonance with the approved CZMP as per CRZ Notification, 2011.
26 iv. On fulfilment of the provisions as prescribed above, the project proponent shall apply for consideration of clearance to the Ministry of Environment, Forest and Climate Change, in the 'PARIVESH' online portal, along with all documents as submitted to the concerned CZMA and the specific recommendation of the CZMA.
v. The project thereafter will be appraised for appropriate recommendation by the Expert Appraisal Committee (CRZ) constituted by the Ministry of Environment, Forest and Climate Change.
vi. The Expert Appraisal Committee shall examine the adequacy of the Environmental Management Plan, Comprising Compensatory Conservation Plan and Community Resource Augmentation Plan and endorse the specific recommendation of SCZMA in this regard and suggest other suitable remedial measures, if any. The Expert Appraisal Committee shall also decide the percentage of total project cost required to be utilized for implementation of the above said plans.
vii. The concerned CZMA / State Environment Department shall oversee implementation and enforcement of the Compensatory Conservation Plan and Community Resource Augmentation Plan.
25. The detailed procedure for issue of post facto CRZ clearance/NOC/CRZ certificate has been communicated to 66 Hotels/Resorts/Industries/others vide officer letter No.PCCF/EPA/32/XX/586 dated 09.02.2022 requesting all the hotels/resorts/industries/other projects that have commenced construction and/or operations in CRZ areas without prior CRZ 27 Clearance to submit their application in the prescribed format along with the required documents mentioned therein.
26. We may note that legal position on the issue is covered by judgements of the Hon'ble Supreme Court inter alia in Indian Council for Enviro Legal Action, (1996) 5 SCC 281, Piedade Filomina (2004) 3 SCC 445, Vaamika Island (2013) 8 SCC 760 and Kerala State Coastal Zone Management Authority vs. State of Kerala, Maradu Municipality (2019) 7 SCC 248 (Maradu case). In Piedade, it was observed that the CRZ Notifications have been issued for protection of environment and ecology of the coastal areas and any construction in violation thereof cannot be condoned. Uncontrolled constructions in such areas have disastrous effect and result in natural calamities. CZMP of the area is to be strictly followed. In respect of West Bengal, CZMP was first approved on 27.9.1996 which was revised on 24.10.2018 and there is a proposal for further revision but till such revision, CZMP which has already been finalizedshall remain operative and has to be strictly enforced. Similar CZMP must have been prepared for Andaman & Nicobar and till final revision of the maps in accordance with CRZ Notification, 2019, the existing CZMP will prevail. No construction is permitted within 200 meters from High Tide Line (HTL) and construction upto 500 meters has to be by permission only.
27. Inthis view of the matter, we dispose oftheappeals witha direction to the Andaman & Nicobar Pollution Control Committee to determine Environmental Compensation based on"polluter pays 28 principle", restitution principle, period of violation, nature of violation and financial capacity of the unit against all the Appellants and all other such Hotels, Resorts, Automobile Service Centers, etc., which are in violation of Environmental norms and which have not applied for 'Consent to Establish/Consent to Operate' within two months and thereafter, proceed to recover the same in accordance with law within a further period of three months.
28. We also direct that opportunity be given to the concerned Respondent Hotels, Restaurants or Automobile Service Centres etc. to put forward their view with relevant documents before the Andaman & Nicobar Pollution Control Committee within a period of one month from issue of notice by Andaman & Nicobar Pollution Control Committee and thereafter, the Andaman & Nicobar Pollution Control Committee will pass reasoned order on case to case basis and recover the Environmental Compensation within the next two months.
29. We also directthat those Hotels, Resorts and Automobile Centers, Industrial Units etc., which have been established in CRZ 'No Development Zone'or in the CRZ area without CRZ permission causing damage to the fragile coastal ecosystem such as to sand dunes & beaches, destruction of coastal vegetation, intertidal and coastal fauna, ground water aquifers etc.,liability may be fixed for damage already caused till date and action taken in accordance 29 with law within a period of three months after giving an opportunity of hearing to the concerned units.
30. There shall be no order as to costs.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata May 12, 2022 Appeal No.06/2017/EZ With Appeal No.09/2017/EZ MN 30