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news details
DB directives in PIL regarding preservation of Sonamarg
12/5/2023 10:06:44 PM
Early Times Report
JAMMU, Dec 5: In a public interest litigation regarding PIL regarding preservation of Sonamarg, A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice N Kotishwar Singh and Justice MA Chowdhary issued various directions.
When the PIL came-up for hearing, Division Bench observed that Ilias Laway, GA has brought to the notice of this Court on the basis of response filed by the Chief Executive Officer Sonmarg Development Authority that as regards accommodation of two categories i.e., (I) Hotels and (II) Huts & integrated tourist resorts in the chart so provided, it appears that as regards Hotels, the proposed area as per Master Plan in hectares is 8.87 and the proposed plinth area would be 5.26 hectares and out of which already 3.25 hectares of plinth area has been consumed, thus leaving the plinth area of 1.98 hectares for category-I i.e., Hotels. As regards to II-category i.e., Huts & Integrated tourist resorts, it appears that the proposed area as per the Master Plan for accommodation is 26.20 hectares. As regards to the said category of accommodation nothing has been indicated as to the proposed plinth area available or the consumed plinth area for Huts & Integrated tourist resorts.
DB observed that be that as it may, from the above figures, it appears that certain areas are available for construction of Hotels/ Huts & Integrated tourist resorts. The said chart, however, is conditional by the statement of the Chief Executive Officer Sonamarg Development Authority to the effect that the comprehensive report for the various other facilities as per the Master Plan vis-a-vis factual report on ground and proposed land used would be completed once the proper satellite imagery is provided by National Remote Sensing Center (NRSC). Thus, it appears that the aforesaid figures are tentative in nature which would be finalized only after obtaining proper satellite imagery, DB said.
Under the circumstances, Division Bench is of the view that it may not be appropriate for us to pass any definitive order allowing or not allowing the various applications filed for repairing/construction of Hotels/Huts and Integrated tourist resorts, which can be done only after obtaining the final and comprehensive report from the Sonamarg Development Authority.
DB further said that in the meantime, the Building Operations Control Authority (BOCA) Sonamarg, may proceed with the various applications pending before it and consider the same strictly in accordance with the Master Plan and the available area as reflected in the records. However, any permission, if granted by the BOCA, will be implemented only after being permitted by this Court after hearing all the concerned parties and considering the various aspects involved in the matter.
DB further directed the respondents to file the response as regards the serious threat to environment and unregulated traffic management because of large number of local Taxis (commercial) operating in the Sonamarg area.
Govt Advocate Ilias Laway, A while appearing for the respondents submits that Assistant Regional Transport Officer (ARTO) Ganderbal may be directed to file response as he will be in a better position to regulate the traffic in the area, DB Ordered accordingly. —JNF
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