Excelsior Correspondent
JAMMU, Mar 6: A Division Bench of Jammu and Kashmir and Ladakh High Court comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary has banned all types of commercial activities as also use of snow scooters and sledges in and around Zero Point of Zojila pass with immediate effect. Moreover, the DB banned use of polythene bags, plastic packets and other plastic related materials in the area.
One Abdul Wahid, Councilor Behimbet area of Drass addressed a letter dated 01.07.2024 to the Chief Justice regarding saving of Ladakh’s environment, ecology and land from encroachers and resolving the boundary dispute between district Kargil (UT of Ladakh) and district Ganderbal (UT of J&K).
It was stated that Zojila Pass is situated within the territorial jurisdiction of district Kargil. When the National Highway was constructed at Zojila during the year 1962, keeping in view the need of the Ladakh region, the Border Roads Organization had suo motu picked a point in the middle of the mountains and divided the snow area distance by 50/50 to expedite the work while opening the road from both sides, naming it Zero Point.
It was further stated the people of district Ganderbal of Kashmir region are misinterpreting this concept and have repeatedly encroached upon Ladakh’s land, are endangering its natural species, flora and fauna as also damaging the environment.
Vide order dated 23.07.2024 the letter was treated as Public Interest Litigation and Divisional Commissioner, Kashmir as well as Deputy Commissioner, Ganderbal were impleaded as party respondents in the PIL. The notices on their behalf were accepted by the Government Advocate and he sought time to file response.
On 28.08.2024, four weeks’ further time was granted to file response. Again, on 28.10.2024 four weeks another time was granted to the counsel appearing for respondents to file response. Once again, on 11.12.2024 four weeks more time was granted to do the needful. When, response on behalf of respondents was not filed then on 18.02.2025 last and final opportunity of four weeks was granted for doing the needful.
Today, when the matter came up for consideration, DB observed, “the respondents despite availing last and final opportunity have not come up with their response. However, status report on behalf of Chief Executive Officer, Ladakh Autonomous Hill Development Council, Kargil has been filed contending therein that the administration of Ganderbal and officials of Police Station Sonamarg often allow tourist vehicles up to Zero Point of Zojila Pass while restricting passenger vehicles from Ladakh, leading to traffic congestion and endangering lives on this treacherous route”.
“While advocating the environmental regulations and protections to preserve the unique ecological balance of the area, it is averred that the Wildlife Warden, Kargil vide his report dated 24.10.2024 has also shown concern about the increased tourism and human activity in the fragile ecosystem of Ladakh, which has an adverse impact on the unique flora and fauna in this specific area”, the DB observed.
“It is stated on behalf of amicus curiae that in and around Zojila Pass there are many illegal commercial activities being going on and their unchecked expansion may not only lead to detrimental consequences for the fragile high mountain pass ecosystem and indigenous communities, but also pose significant environmental and social challenges, besides threat of habitat disturbance and poaching risks”, the DB noticed.
The DB, after pondering over the glaring allegations, considering the various submissions and suggestions made by counsel appearing for the parties and with a view and hope to put a hold on the deleterious results of reckless illegal commercial activities which are alleged to have been taking place, brazenly, in and around Zero Point of Zojila Pass, directed that to protect the environment and maintain tranquility, all types of commercial activities as also using of snow scooters/sledges in and around Zero Point of Zojila Pass shall remain banned with immediate effect.
The DB further directed to launch an extensive cleanliness drive of Zero Point of Zojila Pass and the nearby snowbound areas on war footing in collaboration with the officials of both the UTs as well as with the help of NGOs/social organizations.
The DB directed SSP Ganderbal and SSP Kargil to strictly implement this order and file the action taken report well before the next date of hearing.
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