Excelsior Correspondent
Srinagar, Mar 28: The High Court has put a fresh ban on constructions in Sonamarg tourist resort and directed that any repairs permitted by the court shall be carried out after obtaining proper permission from Building Operations Controlling Authority (BOCA) of Sonamarg.
The Division Bench of Justice Sanjeev Kumar and Justice Puneet Gupta directed the Chief Executive Officer of SDA, to ensure that no fresh construction in the area is carried out with or without permission.
“In case it is brought to our notice that any fresh construction with or without permission from the competent authority is raised, by anybody in the SDA, the Chief Executive Officer, Authority, shall be personally responsible and shall be proceeded for contempt of this Court”, the DB said
The Court while taking cognizance of reports of indiscriminate and unauthorized constructions in the SDA, had initiated suo moto action in public interest and had directed that till further orders no construction activity shall be carried out.
Court in view of the aforesaid directions and having regard to the orders passed by the Court in the PIL from time to time, made it emphatically clear that there shall be no fresh activity of construction to be carried out in respect of any building or structure in the Sonamarg irrespective of whether there is any building permission granted for the purpose by any competent authority.
Court on previous directions of ban on construction reiterated that the said direction is in operation ever since and has not been lifted or vacated by any subsequent order. The order, however, was slightly modified by the Court, while considering some applications made by the owners of existing structures, who were seeking to effect repairs/renovations.
“This Court while making it clear that there would be no fresh construction activity in Sonamarg, provided that the applicants and others may effect repairs or renovations in respect of existing structures, but only after obtaining proper permission from Building Operation Controlling Authority.”
Fresh ban on construction activities has been ordered after the court took notice of the fact that many of the Hoteliers and others under the shield of the permission obtained for repairs or renovations were raising large scale unauthorized constructions, expansions and even making encroachments. It was also noticed by the Court that some of the applicants were finding the ruse of damage on account of snow or fire etc.
Considering the entire matter and having regard to the similar directions the court had directed that in addition to the requirements made in the applicable law, all applications for sanction of building, construction, renovation or repairs in any building shall be accompanied by certain requirements.
Court said the order was mistaken and under the aforesaid misconception, applications started pouring in for raising new constructions, of course, after obtaining proper permission from the Court.
The DB after having gone through the interim orders passed by the Court from time to time viewed that the basic order on stopping the fresh constructions in the area, is still in operation and has not been lifted or vacated.
Court said the only modification was made to the extent that the applicants and others were permitted to effect repairs or renovations only in existing structures, that too, after obtaining proper permission from BOCA.
“What is envisaged in modified order, pertains only to effect repairs and renovations in the existing structures and cannot be construed to be a permission to raise fresh constructions in the Sonamarg” Court clarified and added “Even with regard to repairs and renovations in the existing structures in Sonamarg, this Court vide order dated 28th December, 2022, has clearly provided that the applicant would require building permission granted by the BOCA, Sonamarg and approved by this Court”.
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