NEW DELHI: Cracking whip on resort owners who have illegally constructed hotels and restaurants in the picturesque Nilgiris mountains in Tamil Nadu on protected land of elephant corridor, the Supreme Court on Thursday directed the state to seal 27 resorts within 48 hours and 12 remaining were asked to produce the documents to prove that they had valid permission from carrying business.

A bench of Justices Madan B Lokur, S Abdul Nazeer and Deepak Gupta passed the order on basis of findings of Nilgiris districts collector who told the court that all 39 resorts were illegally running their business as 12 of them had not got any approval from authority and 27 were granted approval to built residential place but they converted it into resorts.

As the lawyers of 27 resorts were not present in court to contest the findings of the district collector, the court ordered for sealing of their premises but allowed 12 others to place documentary evidence within 48 hours to prove that they were entitled to carry commercial business on the protected land after their advocates pleaded for one last opportunity to prove their claims. But there is a little chance of them getting exempted as the collector after examining all official records came to the conclusion that none of the resorts were allowed to operate in protected area.

The district collector J Innocent Divya in her comprehensive report on constructions all resorts in the Nilgiris districts told the bench that all resorts were running illegally and owners had constructed 309 buildings in the area. One of the resorts is owned by film star Mithun Chakraborty and the collector in its report says that his hotel Monarch Safari Park was also illegal as permission was granted for residential purpose but it was used for commercial purpose in violation of law.

Advocate A D N Rao, who is assisting the court as amicus curiae, also favoured sealing and demolition of all buildings and told the bench that water and electricity should be immediately cut off. He said that all hotels and resorts constructed in brazen violation of forest, building and panchayat Acts in the country’s most critical elephant corridor.

After a brief hearing, the court asked the collector to immediately take action against them and set a deadline of 48 hours to complete sealing drive in the mountains. “

“There is no one present on behalf of the remaining 27 resorts. It is deemed that they accept the report of the collector. The report is to the effect that they are running commercial enterprises even though they do not have approval for the same. They are directed to be closed down or sealed by the collector. We have requested counsel for the state to do the needful within 48 hours. So far as the above 12 resorts are concerned, we grant them 48 hours’ time to produce all documents showing approval and valid title and possession for running resorts before the collector. In case, the collector finds that the documentation is incomplete or approval not granted, she should close down and seal the premises immediately thereafter,” the bench said.

The collector report also said that there were 78 unapproved houses on Patta land and 289 other houses have encroached upon government land. The court, however, said that it would deal those illegal construction on the next date of hearing.

