Excelsior Correspondent
SRINAGAR, Aug 11: High Court has directed Sonmarg Development Authority (SDA) to inform it about the major development works, Master Plan (MP) and also get a Vision Plan (VP) for the tourist resort by the next date of hearing.
The Division Bench of Chief Justice Pankaj Mithal and Justice Wasim Sadiq Nargal dealing with Public Interest Litigation with regard to preservation and protection of pristine glory of the resort directed the SDA counsel to file an affidavit indicating there-in the major development works completed by the Authority.
Court has also directed to bring on record the completion of the Master Plan for the resort. Court also asked him to get a Vision Plan for the resort as a whole prepared and place the same on record along with the affidavit.
The DB directed the Chief Executive Officer, Sonamarg Development Authority to explore the possibility of using wooden fences, hedges and plantation of trees which are all environmentally friendly to demarcate the various meadows and the boundaries of the various properties instead of using steel and iron barricades and fencing in and around the resort.
It is noted that the court on previous hearing while passing the direction for bringing on record the plan for development of the resort had made it clear that if the authorities like Sonamarg Development Authority are not in a position to take any development work, the Court will recommend the Government for winding up of such authorities.
CEO SDA was directed to come out with a white paper on the development work so far done by the Authority and the action plan they have drawn for future development. The authorities have also to come up with the demarcation of River Sindh and removal of encroachments and all other issues relating to the river viz illegal construction on the banks of the river Sindh.
As per the compliance report on behalf of the Commissioner Secretary to Government, Revenue Department and in collaboration with the Irrigation and Flood Control Department the land of 258 kanals and 12.75 marlas of the Sindh River is under encroachment and in possession of unauthorized occupants.
In reference to an application, the Deputy Commissioner, Ganderbal, was directed to file a response within a period of three weeks’ but till date no such response has been filed. DC Ganderbal was supposed to inform the court with regard to construction of an Indoor Swimming Pool, Gymnasium and SPA for the hotel in Sonmarg.
SDA counsel has sought further three weeks’ time for the same and the court after his request granted him time to file the response on behalf of the DC Ganderbal. The said application was considered by the Sonamarg Development Authority and placed before the Chairman, Building Operations Controlling Authority but till date the BOCA has not considered the said application so as to convey the grant or refusal of permission.
In view of the Regulation 5 of the BOCA read with Regulation 7 of the Regulations of 2001, the permission is deemed to have been granted but even then the petitioner is not being allowed to undertake the necessary construction work.
Deputy Commissioner, Ganderbal, in his response has to explain the reasons why the application was not considered within the time stipulated and in case it has not been so considered whether the application stands deemed to be allowed and, if so, why the applicant is not being permitted to undertake the construction work.
Court has dealt with other three applications seeking release of the respective vehicles which have been seized in connection with illegal mining without insisting upon deposit of any penalty. The Magistrate passed a release order on 02.08.2022 giving reference to the PIL No. 19/2012 and PIL No. 7/2014.
Court has clarified that in the event the applicants are not satisfied by the aforesaid order, their remedy is to challenge it in appropriate forum as may be advised or if they want any clarification in any of the orders passed in the above referred PILs, their remedy is to move an appropriate application in those PILs rather than approaching this Court in PIL No. 404/2011 and dismissed all the three applications.
Follow our WhatsApp channel