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J&K HC grants exception for army maintenance work in Sonamarg
8/28/2023 10:54:03 PM
Early Times Report
JAMMU, Aug 28: In a significant decision, a Division Bench of the Jammu and Kashmir and Ladakh High Court, comprising Chief Justice N Kotishwar Singh and Justice MA Chowdhary, has granted a special exception to the Indian Army to carry out crucial maintenance and repair works within the High Altitude Warfare School (HAWS) and other transit camps located in the pristine region of Sonamarg. The decision, marking a departure from previous restraints on construction activities, acknowledges the exceptional role of the army in safeguarding the nation's security. The court highlighted that the maintenance and repair works were urgently needed for security reasons and that the army's activities couldn't be equated with profit-making commercial enterprises. The application seeking permission for the maintenance and repair works was filed by Tahir Shamsi, DGSI, in the context of a blanket ban on construction activities in the Sonamarg area. The High Court had previously undertaken this matter as a Public Interest Litigation due to reports of unauthorized constructions in the region. The court's orders have been aimed at regulating constructions while considering environmental concerns. The court's decision takes into account the time-sensitive nature of the maintenance work and the importance of these installations in supporting the Army's counter-insurgency operations and defense strategies. The bench noted that the ban on construction activities should not hinder necessary maintenance and repair work by the army. The Building Operations and Controlling Authority has been directed to grant permission to the army authorities for the execution of these maintenance and repair works.
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