Saturday, December 9, 2023
-4.6 C

HC relief for ‘home stay’ owners



Shimla, Sep 19: In a major embarrassment to the Tourism Department, the High Court has set aside the order issued by it for cancelling the registration certificates to home stay owners.Deciding the issue arose through a bunch of petitions as to whether the HP Tenancy and Land Reforms Act, 1972, prohibits the use of property, purchased by non-agriculture Himachalis, for the purpose of “home stay”, the court observed, “Bare reading of the Section does not indicate there being any prohibition in the use of property for the purpose of home stay.

”A Division Bench comprising Acting Chief Justice Sanjay Karol and Justice Sandeep Sharma observed, “Significantly, there is no statutory embargo on using the property as ‘home stay’. By way of an executive fiat, such condition cannot be imposed, more so, without any reasonable justification. Order, executive in nature, is ultra vires the Act, apart from being unreasonable and illegal.

”To promote tourism, the Centre introduced a scheme “Incredible India Bed and Breakfast/Homestay Establishments,” encouraging the owners of houses to allow tourists to reside with them. The state government had also notified a scheme known as ‘Himachal Pradesh Home Stay Scheme-2008.

’As per this scheme, any house in rural areas in a farmhouse, orchards, tea gardens etc would qualify under the scheme. It was further mentioned that the house would fulfil the minimum requirement of having one or more rooms to cover under the scheme with attached toilet facility which would be made available to tourists.

The petitioners, as owner of residential accommodations at Kasauli, decided to promote the cause. But on July 29, 2015, the Department of Tourism issued notice to the owners, asking them to immediately stop the “commercial activity” for the reason that it was violative of Section 118 of the Act.

Thereafter the department passed an order on September 4, 2015, cancelling the registration certificate issued by it for running the home stay.Quashing the order, the court further observed, “Thus when neither the Act, nor the scheme prohibited the use of the house, by way of a clarification – an executive order – the state could not imposed such an embargo.”

Source Tribune India

Himachal Khurki
Himachal Khurki
Himachali with blood, heart & Soul. Gali Gali Himachal Ki Nas Nas Mein Basi Hain. Truly loves & care about the state of Himachal Pradesh

Subscribe to our magazine

━ more like this

Sri Naina Deviji MLA Randhir Sharma Of BJP

Sri Naina Deviji MLA Randhir Sharma Of BJP Profile Sri Naina Deviji MLA is Randhir Sharma. He is son of Shri Krishan Lal Sharma. He was...

15 companies of paramilitary forces to be deployed in Himachal Pradesh

Shimla, Oct 24: Ahead of the state assembly elections, 15 companies of paramilitary force will be deployed mainly on the interstate barriers to check...

Question mark over credibility of cops: Ex- Himachal CM

Shimla, July 15: Former Chief Minister PK Dhumal said the inept handling of several cases, including the recent murder and rape of a minor...

Himachal Pradesh BJP demands CM Virbhadra Singh’s resignation

Shimla, July 28: The Himachal Pradesh BJP on Thursday launched a state-wide protest demanding that Chief Minister Virbhadra Singh resign on moral grounds in...

EC to rope in Bollywood stars, sportspersons to boost voters in Himachal Pradesh

Shimla, Sep 20: The Election Commission in Himachal Pradesh will rope in Bollywood stars and sportspersons to boost the polling percentage in the forthcoming...


Please enter your comment!
Please enter your name here