Srinagar: The J&K High Court Friday ordered that the ban on constructions and repair of structures in the Sonamarg hill station does not extend to Army installations in the area.
Allowing an application by T M Shamsi, the Deputy Solicitor General of India, Chief Justice N. Kotiswar Singh and Justice M A Chowdhury ordered that the restraint order passed by J&K High Court on various dates “will not come in the way of grant of permission by the Building Operations and Controlling Authority (BOCA) to the army authorities for carrying out necessary maintenance/repairing works in Sonmarg army installations/ locations as sought by the army-applicant”.
The application was filed seeking permission in the backdrop of restraint imposed by the court on carrying out maintenance and repairing works in respect of the existing structures in High Altitude Warfare School (HAWS) and other transit camps located in Sonamarg.
The division bench observed that carrying out the maintenance/repair works are urgently required. “The fact that this pertains to the security of the nation which is of paramount importance, and thus cannot be equated with other commercial enterprises engaged in profit making activities”.
It directed “the army and state security forces can be treated to be a class by itself distinguishable from other commercial enterprises, we are of the view that an exception can be made to the restraint orders passed by this court and the application should be allowed to carry out the maintenance/repairing works as mentioned in the report”.
It said that under the circumstances, held “the bar placed by this court should not come in the way of the Building Operations and Controlling Authority to consider and give permission to the army authorities to undertake maintenance/repair work as sought by them”.
The state counsel claimed “these structures require urgent maintenance and repair before the onset of winter, which otherwise will not be possible once winter sets in and time window is very small. It has along-with connected matters been submitted that these maintenance and repairing works are necessary to keep the army troops engaged in counter-insurgency operations and defence of the country in optimum preparedness”.
He sought permission of the court to make an exception to the army applicant, to the orders passed by this court preventing any construction work being undertaken under the jurisdiction of Sonamarg Development Authority (SDA) within whose jurisdiction these army locations fall.
In view of reports of indiscriminate and unauthorized constructions going on in Sonamarg area, the High Court had taken upon itself to treat the matter as a Public Interest Litigation. It monitored the alarming situation prevailing in the hill station and sought reports from the concerned authorities and this court also passed an order on 22.08.2017 and also directed that no construction activity be carried out, the court said.
