National Green Tribunal
Hotel Sentinel Through Managing ... vs The Andaman And Nicobar Administration ... on 26 April, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
Appeal No. 06/2017/EZ
Appeal No. 09/2017/EZ
Andaman Chamber of Commerce Industry & Ors.
Hotel Sentinel & Ors.
Vs.
The Andaman & Nicobar Administration
CORAM: Hon'ble Mr. Justice S.P. Wangdi, Judicial Member
Hon'ble Dr. Nagin Nanda, Expert Member
PRESENT: Appellants : None
Respondents No. 5 & 7 : Mr. Surendra Kumar, Advocate.
Other Respondents : None.
Orders of the Tribunal
Date & Remarks
Item Nos. 7&8 Both the appeals are being taken up together as
26th April, 2018.
the questions involved are identical.
None appears for the Appellants and the various
authorities of the A&N Administration being
Respondents No. 1 to 4, 6 & 8, although we find
affidavits filed by them on the record.
Mr. Surendra Kumar, Ld. Counsel for the A&N
Pollution Control Committee, submits that the
inspection as directed vide order dated 07.11.2017 had
been conducted in respect of all the hotels operating in
the A&N Islands, the report could not be filed for
various reasons and prays for a week time to do so.
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He, however, informs that inspections
conducted by them on 27.09.2017 reveal large scale
non-compliance with regard to 84 hotels and resorts as
well as 19 automobile service centres as they were
found not to have functional STPs/ETPs which is
mandatorily required to be installed under the relevant
laws. As a consequence, the Member Secretary, A&N
Pollution Control Committee had issued notices under
Section 33(a) of the Water (Prevention & Control of
Pollution) Act, 1974 upon them restraining them from
undertaking their activities until such time 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 WP(C) No. 375 of
2012 in the matter of Paryavaran Suraksha Samiti &
Anr. Vs. Union of India & Ors.
Upon being asked on the further action taken in
pursuance of the notices of closure issued by the A&N
Pollution Control Committee, Mr. Surendra Kumar
submits that he would require instructions but states
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that none of the hotels had complied with the
directions for instalment of STPs.
The eco-sensitiveness of the A&N Islands cannot
be undermined or over emphasized. We have in the
past also observed that the laws pertaining to the
environment are not being strictly complied with in the
A&N Islands. In this backdrop, we direct the Chief
Secretary, A&N Administration, the Principal Secretary,
Environment and Forest, A&N Islands and the Chairman
and the Member Secretary, A&N Pollution Control
Committee to comply with the following:-
(i) The Pollution Control Committee to submit
report on further action taken
consequential to the notices of closure and
the reported non-compliance of the closure
orders;
(ii) The Chief Secretary, A&N Administration
and the Principal Secretary, Environment
and Forest to submit a report on the
discharge of effluent, waste water and
municipal solid waste in the coastal areas.
They shall also file a report on the
mitigation measures taken for protection of
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the marine ecology, which would include
the coral reefs and other vulnerable marine
flora and fauna.
Reports as directed shall be filed before the
next date.
We make it clear that if the A&N Pollution
Control Committee fails to take strict action to make
the hotels and industries in the Islands compliant of
the pollution norms by exercising their statutory
powers, appropriate order shall follow which may entail
punitive measures. Let reports be filed without fail
giving the details action taken by A&N Pollution Control
Committee before the next date.
List on 13.07.2018.
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Justice S.P. Wangdi, JM 26.04.2018 .............................................. Dr.Nagin Nanda, EM 26-04-2018 5