Srinagar: Disposing of a 2011 Public Interest Litigation praying for an end to pollution and encroachment of Sonamarg hill station, the High Court of J&K and Ladakh today directed the government to urgently take required steps to finalise the Master Plan for the area.
Chief Justice Tashi Rabstan and Justice M A Chowdhary, in a detailed judgment manifesting their distress, observed that the purpose and object of the PIL is to preserve the tourist destination from encroachments and pollution.
“Since it is the duty of the officers at the helm of affairs to take action under law against the violators which we don’t see are being taken. If that would have been the case, no violation would have been allowed in the area”, they said.
The bench after being informed that the respondent authorities are in the process of formulating a new Master Plan 2025-45 directed them “to take all the requisite steps forthwith to finalise and complete it by the end of August, 2025”.
It directed that while formulating the Master Plan for the area, the respondents shall take on board all stakeholders and also keep in mind the orders passed by this court from time to time as also the suggestions put forth by the learned amicus curiae in this regard.
“The applications seeking constructions and repairs/renovation of the existing structures shall be dealt with by the BOCA as per the statutory requirements provided under the BOCA Act, while keeping in view the directions issued by this court from time to time, particularly the directions contained in order dated 22.10.2020,” directed the court.
In case of any violation, it shall be dealt with by the concerned authorities in terms of the applicable rules, the order added.
In so far as the encroachments and illegal constructions in the area are concerned, the bench directed that they be removed in due course of law.
Since the Solid Waste Management by-laws had been adopted and notified by notification dated 21 November, 2019, the court directed the concerned officers to ensure that all the measures are taken for implementation of the said by-laws in the area.
“The commercial establishments in the area be asked to install the solid waste management treatment plants as per the norms in their premises so that all non-biodegradable waste is disposed of,” the direction said.
The PIL had been filed by a lawyer Qazi Rashid Shams, contending that the River Sindh passing through Sonamarg is subjected to the worst kind of pollution by raising hotels, tourist huts and restaurants, at various places on the river beds and at some places on the river itself.
It further stated that the constructions are being raised in violation of the various statutes. In the process, the water is getting polluted, and in case immediate steps for retrieving the river and removing the constructions are not taken, an environmental disaster will befall Kashmir.
The court was informed that the Indian Army occupies 1397.65 kanals of land in the area. Besides land measuring 354 Kanals situated at Sonamarg has been notified as “Stragetic Areas” for operational and training requirements of Armed Forces, revealed the official affidavit.
The judges appreciated the efforts put in by Nadeem Qadri, amicus curiae, for his hard work and rendering proper assistance to the court in deciding the matter.
