Jammu & Kashmir High Court – Srinagar Bench
Court On Its Own Motion vs State Of J&K And Others on 3 January, 2025
Author: Chief Justice
Bench: Chief Justice
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
PIL No.404/2011
CM Nos. 5665/2022, 2328/2022, 7707/2023,
5863/2023, 5956/2023, 8192/2021, 488/2024,
3587/2024, 2438/2022, 1913/2024, 3519/2023,
6508/2022, 2878/2023, 2954/2023, 7406/2024,
7409/2024 c/w
WP(C) No.2229/2021
CM Nos. 7196/2021 & 6808/2022
WP(C) No.2230/2021
CM Nos.7197/2021, 6809/2022
WP(C) No.1888/2022
CM No.4698/2022
WP(C) No.2546/2022
WP(C) No.2547/2022
WP(C) No.2328/2024
CM No.6222/2024
Reserved on : 16.12.2024
Pronounced on : 03.01.2025
Court on its own Motion ...Petitioner(s)/Appellants.
Through: Mr. Nadeem Qadri, Amicus Curiae.
Mr. Z. A. Shah, Sr. Advocate, with Mr. A. Hanan, Advocate
Mr. S. F. Qadri, Sr.Advocate, with Mr. Huzaif Ashraf,Adv.
Mr. M. S. Reshi, Advocate.
Ms. Asma Rashid, Advocate.
Mr. Aatir Javaid Kawoosa, Advocate.
Mr. S. N. Ratanpuri, Advocate.
Mr. F. A. Lone, Advocate.
Mr. Lone Altaf, Advocate.
Mr. Yasir Nabi Rather, Advocate.
Vs.
State of J&K and others. ....Respondent(s)
Through: Mr. T. M. Shamsi, DSGI, with Ms.Rehana Qayoom, Adv.
Mr. Faizan Ahmad, CGC.
Mr. Mohsin Qadiri, Sr. AAG, with Ms. Maha Majeed,
Assisting Counsel.
Mr. Faheem Nissar Shah, GA.
Mr. Illyas Nazir Laway, GA.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE
PIL No.404/2011 Page 1 of 16
ORDER
15.10.2024
Per,Tashi Rabstan, CJ
01. The present litigation in public interest had been filed by a
practising lawyer-Mr. Qazi Rashid Shams, in the year 2011 wherein it has
been contended that instead of discharging the fundamental duties by the
citizens and the corresponding duties cast upon the State authorities to
make endeavours for protection of environment and save it from
pollution, the river Sindh and its water is subjected to worst kind of
pollution by raising hotels, tourist huts and restaurants, for deriving
natural pleasure, at various places on the river beds and at some places on
the river itself. It is further contended that the said constructions are being
raised in violation of the various Statutes and in the process the water is
getting polluted and in case immediate steps for retrieving the river and
removing the constructions already raised are not taken, the water will get
continuously polluted. Further, it is pleaded that no steps are being taken
by the respondents to stop the illegal constructions. Therefore, the
petitioner has filed this Public Interest Litigation and has prayed for the
following relief:
“Writ, Order or direction in the nature of mandamus
commanding the respondents to prevent the pollution of River
Sindh flowing from Gumri through various villages joining
river Jehlum between Sumbal and Srinagar and to remove the
constructions which are being carried out illegally on the river
itself and its river beds and to find out the hazards caused by
the constructions. The Deputy Commissioner or any other
authority may be directed to report about these constructions
for appropriate orders to be passed by the Hon‟ble Court.
Any other relief which this Hon‟ble Court may deem fit and
proper in the facts and circumstances of the case be also passed
in favour of the petitioner.”
02. After consideration of the petition, various interim orders came to
be passed from time to time aimed at to stop the illegal constructions
raised in the Sonamamarg as also alongside the river beds and on the river
Sindh itself. Status reports were sought and filed in the matter from time
PIL No.404/2011 Page 2 of 16
to time and Commissioner(s) was appointed in the matter to report about
the factual position obtaining on spot. Finally this Court vide order dated
28.09.2015 disposed of the petition in the following terms:
“8. In so far as prayer seeking direction upon the respondents
to prevent the pollution of river Sindh flowing from Gumri
through various villages adjoining river Jehlum between
Sumbal and Srinagar, the petitioner is permitted to approach
the J&K State Pollution Control Board by making his grievance
and it is for the Pollution Control Board to consider the
application as and when filed and take appropriate action in
accordance with law.”
03. However, after disposal of the writ petition, the same was revived
vide order passed by this Court on 22.08.2017 on the basis of reports of
indiscriminate and unauthorised constructions in the Sonamarg area. In
the order dated 22.08.2017, it was observed that the petitioner, Mr. Qazi
Shamas, at that point of time was assigned the duties of Dy. Advocate
General, therefore, the cause title was directed to be changed to “Court on
its own motion v. State of JK & Ors.” The Court further directed that no
construction activity be carried out in the Sonamarg area.
04. After revival of the writ petition, in addition to the basic issue
raised in the writ petition, the scope of the writ petition was extended in
terms of various orders passed from time to time including the order dated
11.09.2017, relevant portion whereof reads as under:
“1. The Sonamarg area, it is evident, has suffered serious
environment degradation because of apathy on the part of
stakeholders. Essentially, there are four aspects to the
Sonamarg area. The first is the attraction of the meadows in the
Sonamarg. The very name, Sonamarg, reflects its actual nature,
in the sense that it means „golden meadow‟.
2. The second aspect which needs immediate attention is the
Thajiwas Glacier. It needs to be verified as to whether this
glacier is receding. The Earth Sciences Department, University
of Kashmir, Hazratbal, Srinagar, is requested to submit a
report on the Thajiwas Glacier. A copy of this order be sent to
the Head of the said Department.
3. The third aspect which also requires immediate concern is
the Thajiwas Wildlife Sanctuary and the associated forst areas.
PIL No.404/2011 Page 3 of 16
4. The fourth area of concern, which is often neglected, is the
Sindh River which passes through Sonamarg. The State
Pollution Control Board shall also submit a status report with
regard to water and air pollution and the manner of treatment
of effluents and sewage.
5. The learned Amicus Curiae has also suggested certain
points, such as, strict regulation of vehicular traffic on the right
side of the Srinagar–Leh road. He has also suggested that
there should be designated pony tracks and nature trails with
proper signage.
6. The Chief Executive Officer, Sonamarg Development
Authority is present and so is the Regional Wildlife Warden. A
status report be also submitted with regard to the
Environmental Impact Assessment and the Environmental
Management Plan.
7………….”
05. During the pendency of the writ petition, the learned Amicus
Curiae, on asking of the Court, submitted a report containing the
observations and suggestions given by him, based on the efforts of a team
of young environmentalists. The said report was taken on record and the
observations and suggestion given were recorded in the order dated
11.10.2017, relevant portion of which reads as under:
“04.The report submitted by the learned Amicus Curiae is taken
on record. The observations and suggestions given by him,
based on the efforts of a team of young environmentalists, are
set out as under: –
“1. The prepared Master Plan for Sonamarg lacks
technical inputs and is a draft plan which provides
outline of requirements of Sonamarg as tourist
destination and doesn‟t give any recommendations on
the conservation of the ecosystem. A proper EIA
report should have been drafted way before as the
Master Plan doesn‟t suit for today‟s scenario.
2. The plan to develop Sonamarg as fully facilitated
tourist destination should not be on the stake of
environment as the environmental degradation is
already on high due to unplanned and unmanaged use
of the resources.
3. The plan emphasizes mainly on constructional
development ignoring the environmental fragility ofPIL No.404/2011 Page 4 of 16
Sonamarg, although, the objectives of the plan
include conservation of ecology and wise exploitation
of resources.
4. The plan is prepared for the Sonamarg bowl area
only which will lead to degradation of the bowl as
large area outside the bowl has also great potential to
be developed. Thus, a proper base plan for the whole
area should be developed so that load is distributed
uniformly.
5. Sonamarg bowl should be declared as no
construction/ restricted construction zone so that the
no scope of illegal constructions remains in place.
The plan suggests construction of hotels, huts,
dormitories to fulfil the requirement of 9447 beds as
the requirement fulfilled is for 322 beds only as of
year 2004. Thus increasing the area under increasing
the land use under accommodation from existing
1.48% to 8.87% of the total area which means an
increase of almost 800%, thus increasing the area
under concrete.
6. Master Plan has no design considerations for the
management of Solid waste in the area which is a
current problem in the destination. No proper
installation of dustbins by the authorities is witnessed
around Sonamarg. Proper segregation and disposal
systems need to be incorporated for proper
management of Solid waste as prescribed under Solid
Waste Management Rules, 2016, as governed under
the Environmental (Protection) Act, 1986. The EIA
report has studied the impacts of solid waste
generation which suggests to put an Integrated Solid
Waste Management (ISWM) in place which should
focus on waste prevention, recycling and proper
disposal. The master plan has no such provisions for
Solid Waste Management.
7. There should be proper and timely supervision of
Air Quality Standards at specified sites in and around
Sonamarg to keep a watch over the Air Quality in the
fragile ecosystem.
8. The already constructed hotels and other
permanent dwellings should be scrutinized and
various environmental standards should be
implemented.
PIL No.404/2011 Page 5 of 16
9. An integrated Sewage Treatment System should be
developed to prevent the water quality of river Sindh
from degrading as sewage is directly being disposed
of into the river without any pre-treatment or
analysis. Sewage Treatment Plant of desirable
capacity should be designed for proper disposal of
sewage.
10. No vehicular movement including the public
interference should be allowed inside the Thajiwas
Wildlife Sanctuary including the Eco-Sensitive Zone
area so that no species of flora and fauna are
disturbed.
11. The Master Pan needs to include special
conservation focus for the Thajiwas Glacier area
which is the most concerned part of Sonamarg due to
the continuous degradation in its area.
12. Construction activities going in and around
Sonamarg should be banned, and present
infrastructure should be closely supervised to
maintain the ecological aspects.
13. There should be a proper check on other land use
patterns like grazing, recreational activities around
Sonamarg especially the Baltal-Thajiwas Wildlife
Sanctuary and Thajiwas area.
14. Master plan no doubt is a step forward towards
the development of Sonamarg as tourist resort but
seems outdated as of now due to continuous
encroachments, improper and mismanaged
constructions in the bowl area. EIA report highlights
the major errors in the Master Plan which need to be
addressed, the errors include mapping errors,
misrepresentation of Land Use Land Cover pattern
and conversion of pastureland into camping sites,
recreational parks etc. Thus, there is a need to revise
the plan which should be totally based on sustainable
development.
15. The EIA report is prepared under complete
technical supervision but still there is a need to study
impacts of activities other than that included in the
Master Plan like setting up of military High Altitude
Warfare School, construction of roads and tunnels,
increasing tourist count etc.”
PIL No.404/2011 Page 6 of 16
05. According to us, these are very valuable suggestions and
need to be seriously considered and implemented by the BOCA
and also while having a relook at the Master Plan for
Sonamarg. This would be in addition to the directions already
given by us.”
06. It is apt to mention here that this Court vide its order dated
22.10.2020, imposed certain conditions while considering applications for
sanction of building/ construction/ renovation/ repairs in any building.
Relevant portion of the order dated 22.10.2020 reads as under:
“6. It is directed that, in addition to the requirements made in
the applicable law, all applications for sanction of building/
construction/ renovation/ repairs in any building shall be
accompanied by the following:
(i) an affidavit by the applicant that he/ she is not in
illegal occupation/ possession of any public land/
forest land in the entire Union Territory of Jammu &
Kashmir as well as Ladakh, If yes, details thereof.
(ii) If the property is leased/ licensed, then details of
payment(s) of the charges with copies of the receipts.
(iii) Self authenticated copies of all documents establishing
legal right of ownership/ title/ occupancy over the land
on which construction/ repairs/ renovation is
proposed.
(iv) Certificate from the Deputy Commissioner and DFO
concerned that the land is not public land and/ or
forest land.
(v) Copy of original sanctioned plan with all documents of
original sanction, previous permissions for additions/
repairs/ enovation;
(vi) Videography and photographs of the land; existing
building (full exterior and interior) as well as in
relation to neighbouring properties/ buildings.
(vii) Complete details (including exact location) of what is
proposed to be undertaken which shall also be plotted
on a site plan.
(viii) If such a request is favourably considered, then on
completion of the work, completed site plan with
colour marking of work undertaken; videography and
photos of the completed work.
(ix) The concerned authorities shall at all times have full
access to the property to undertake its inspection(s)
while the work is underway and after it is completed.
In no case will permission(s) be granted to persons
having no right, title or interest to occupy the land in
question.”
PIL No.404/2011 Page 7 of 16
7. Apart from above, the respondents shall ensure that the
Solid Waste Management Bye-Laws are strictly implemented.”
07. While going through the orders sheets on record, it reveals that this
Court vide order dated 03.07.2021, confined the writ petition to its
original subject matter i.e., the prevention of pollution of River Sindh and
removal of illegal and unauthorised constructions in and around it. It is
apt to reproduce the relevant portion of order dated 03.07.2021 hereunder:
“19. In view of the facts as culled out from the order sheets and
narrated above, it is apparent that the PIL was initiated for the
prevention of pollution of River Sindh and for removal of all
unauthorised constructions in and around it. However, the
scope of the PIL had been gradually enlarged by various orders
of the Court by including the issues with regard to pollution of
river Jhelum discharge of untreated sewage water into it,
reduction of width of all rivers, Master Plan of Sonamarg
(which is subject matter of OWP No.1010/2017), movement of
vehicular traffic, pony trails, Thajiwas Glacier, Thajiwas Wild
Life Sanctuary and preservation of the “Golden Meadows” of
Sonamarg as also the location of the Golf Course in Sonamarg;
establishment of solid waste management system; and pollution
and preservation of Mansbal Lake.
20. The matter regarding maintenance and preservation of
“Golden Meadows” of Sonamarg, Thajiwas Glacier, Thajiwas
Wild Life Sanctuary, location of Golf Course, establishment of
solid waste management system, development of integrated
sewage treatment plant, places for parking, pony trails and
vehicular traffic are all subjects which can more appropriately
dealt with by the Court in OWP No.1010/2017 concerning the
all round preservation and development of Sonamarg.
21. The quality of water of River Jhelum or as a matter of fact
any matter which touches upon the environment is left to be
dealt with in PIL No.345/2006 relating to Kashmir
Environmental Protection v. State of J&K. The other aspects
included in this PIL viz-a-viz the Mansbal Lake/ Mansbal
Development Authority, pollution of Jhelum, breach of
embankments of rivers and narrowing down the width of rivers
are all matters which may be appropriate to be dealt with by the
court in PIL No.159/2002 : Syed Iqbal Tahir Geelani v. State of
J&K and others, relating to Lakes.
22. Thus, in order to avoid overlapping of issues, it is
considered appropriate that henceforth all matters regardingPIL No.404/2011 Page 8 of 16
the above said subject matters shall be dealt with by the court
separately in the above referred petitions and this petition
would be confined to its original subject matter-the prevention
of pollution of River Sindh and removal of illegal and
unauthorised constructions in and around it.”
08. After passing of the aforesaid order confining the writ petition in
hand to its original subject matter i.e., the prevention of pollution of River
Sindh and removal of illegal and unauthorised construction in and around
it, learned Amicus Curiae in order to prevent the pollution of River Sindh
came out with certain suggestions which he was asked to record in black
and white and place the same on record vide order dated 11.08.2021.
Accordingly, in pursuance of the aforesaid order dated 11.08.2021,
learned Amicus Curiae submitted his suggestions with regard to
protection and conservation of River Sindh, which read as under:
“1. The Sind River forms the Sind Valley. The source of the river
lies in the Machoi Glacier at an elevation of 4800m, east of the
Amarnath Temple and south of the Zoji La. The river also passes
through the famour alpine hill station Sonamarg. It is also the
only river in Jammu and Kashmir on which three hydroelectric
power plants are functional. The waters of the river are used for
irrigation by way of different canals and for domestic use.
2. Unfortunately, this important river is facing various threats
due to the negligence of authorities. The river is facing the worst
kind of pollution through constructions being undertaken at
various places on the river beds and in fact at some place on the
river itself for deriving natural pleasure by constructing hotels,
tourist hut, resorts etc.
3. Therefore, in order to ensure that no construction activity
takes place on the river bed and on the banks of the river, it is of
utmost importance that proper demarcation of River Sindh be
done by the Revenue Authorities and the same be notified to the
general public by putting up sign boards along the course of the
river.
4. A complete list of all the illegal constructions and the
encroachers within 100 meters of the boundary of the River must
be complied to better assist the court in dealing with the issue.
5. Due to the severe encroachments around Sindh, the water
quality of the river has depleted and the same needs to be
monitored regularly by the J&K Pollution Control Committee.
The water quality has a direct effect on the ecology of the river
which is the natural habitat of trout, and various other fish. ThePIL No.404/2011 Page 9 of 16
most famous among them are: brown trout, rainbow trout, snow
trout, shuddgurn and Anyour.
6. Waste from dwellings and camps of security forces on the
banks of the river, use of pesticides, DDT and insecticides by
farmers also poses a threat to the ecology of the river.
7. Therefore, it is also necessary to develo0p liquid waste/
sewage treatment plants for treatment of waste before
discharging it into River Sindh.
8. Also, the extraction of sand/ bajri by engagement of heavy
machines needs to be banned or atleast controller to prevent
adverse effects on the ecology of the River.
9. The provisions of Jammu and Kashmir Water Resources
(Regulation and Management) Act, 2010 should be implemented
in letter and spirit by the Irrigation and Flood Control
Department.
10. Active involvement of Irrigation and Flood Control
Department should be sought to ensure proper flood mitigation
plans are in place.
11. The principle of Custodial egis as established by the orders
dated 03.07.2012 and 30.05.2013 should continue to be followed
for proper protection and conservation of the River Sindh.
Sonamarg-the Golden Meadow:
12. Although the Hon‟ble High Court has already pointed out
the various issues regarding the maintenance and preservation of
“Golden Meadows” of Sonamarg, Thajiwas Glacier and
Thajiwas Wild Life Sanctuary in the latest detailed order dated
03.07.2021, there are certain urgent issues that need to be
addressed.
13. The Hon‟ble High Court vide order dated 11.10.2017
directed to revise the Sonamarg Master plan but no inputs have
been provided by respondents regarding the same. The Master
Plan needs to be revised urgently and effectively so as to address
the issues regarding the conservation and protection of the
meadow.
14. The Master plan is necessary to address the establishment of
solid waste management system, development of integrated
sewage treatment plant, places for parking, pony trails and
management of vehicular traffic.
15. The Zojila Tunnel project which envisages to construct a
tunnel of 14.15 kms needs to be examined from an environmental
point of view. A proper Environment Impact Assessment needs to
be conducted by an Independent agency and the environmental
costs need to be examined.
16. There are also reports of deforestation due to certain project
which includes the Zojila tunnel Project undertaken by the
National Highways Authority of India and Megal Engineering
and Infrastructural Limited (MEIL) and as such the „Polluter
Pays Principle‟ must be applied and these companies and
authorities be made accountable for their actions.”
PIL No.404/2011 Page 10 of 16
09. As stated above, this Court vide its order dated 22.10.2020,
imposed certain conditions while considering applications for sanction of
building/ construction/ renovation/ repairs in any building. The said order
came to be clarified vide order dated 27.03.2023, operative portion of
which reads as under:
“In view of the aforesaid and having regard to the orders
passed by this Court in this PIL from time to time, we make it
emphatically clear that there shall be no fresh activity of
construction to be carried out in respect of any building or
structure in the Sonamarg Development Area irrespective of
whether there is any building permission granted for the
purpose by any competent authority. Renovation/ Repairs
permitted by this Court shall be carried out only after obtaining
proper building permission from the BOCA, Sonamarg, which
is approved by this Court as provided in order dated 28 th
December, 2022. The Chief Executive Officer, shall take
immediate steps to stop all fresh constructions in the Sonamarg
Development area.
Status report in terms of order dated 28 th December,
2022 has been filed by Chief Executive Officer, a perusal
whereof indicates that no fresh construction has been
undertaken by any person in the Sonamarg Development Area.
We, however, direct the Chief Executive Officer, to
ensure that no fresh construction in the Sonamarg Development
Area is carried out with or without permission and in case it is
brought to our notice that any fresh construction with or
without permission from the competent authority is raised, by
anybody in the Sonamarg Development Area, the Chief
Executive Officer, Sonamarg Development Authority, shall be
personally responsible and shall be proceeded for contempt of
this Court.”
10. Pursuant to the order dated 16.10.2024, learned Amicus curiae has
filed his detailed suggestions, which for ready reference are reproduced as
under:
“Recommendations on behalf of Amicus Curiae for the
protection and conservation of River Sindh and issues thereof:
Suggestions regarding Sonamarg Tourism Development Plan:
1. Provision of Mobile Toilets:
It is hereby proposed to install mobile toilets at various strategic
locations within the Sonamarg region, thereby ensuring proper
sanitation facilities for the convenience and welfare of visiting
individuals.
PIL No.404/2011 Page 11 of 16
2. Installation of Dustbins for Sanitation:
The installation of dustbins at designated points across the area
is necessary to maintain cleanliness and prevent littering,
thereby promoting hygienic conditions for both locals and
tourists.
3. Development of Pony Tracks:
Designated pony tracks shall be developed to ensure the safe,
regulated, and efficient movement of ponies, while concurrently
safeguarding the environmental integrity of the area.
4. Establishment of Regulated Pony Stands:
It is essential to establish regulated stands for ponies, ensuring
orderly management of the pony-riding trade and preserving the
public order.
5. Creation of Eco-Parks for Locals and Tourists:
Recreational eco-parks for the local populace and visiting
tourists must be established to ensure harmonious coexistence,
accommodating the distinct needs of each group without conflict.
6. Provision of Garbage Collection Vehicles:
Dedicated vehicles for the systematic collection and disposal of
waste shall be deployed to maintain cleanliness and orderliness
in and around the key tourist zones.
7. Registration and Monitoring of Homestays:
A formal registration process shall be implemented for
homestays, with ongoing monitoring to ensure compliance with
quality standards. This will prevent any degradation of
previously registered homestays and ensure a high standard of
hospitality.
8. Training of Local Youth for Tourist Guide Roles:
Training programs shall be instituted to certify local youth as
tourist guides, thereby providing them with a stable livelihood
while enriching the tourism experience for visitors.
9. Construction of Eco-Friendly Infrastructure:
It is imperative to develop sustainable infrastructure, such as
eco-lodges, solar-powered cabins, and glamping sites, to reduce
the environmental foot-print while enhancing the visitor
experience.
10. Introduction of Sustainable Transportation Options:
In order to minimize environmental harm, green transportation
methods, including electric shuttles, bicycle rentals, and cable
cars, shall be introduced, facilitating eco-conscious exploration
of the area.
11. Promotion of Rural Tourism Initiatives:
Homestay programs and rural tourism shall be promoted to
allow visitors to experience the traditional rural life and
agricultural practices, fostering a deeper appreciation of local
culture and livelihoods.
12. Development of Scenic Viewpoints:
PIL No.404/2011 Page 12 of 16
To facilitate optimal enjoyment of the natural surroundings,
scenic viewpoints and observation decks shall be created at key
locations, ensuring that tourists are able to appreciate the
breath-taking vistas of the area.
13. Establishment of Sustainable Souvenir Shops:
Eco-friendly souvenir shops, operated by local entrepreneurs,
shall be set up to offer handmade crafts and sustainable
products, thereby benefiting the local economy while promoting
responsible tourism.
14. Community Involvement in Tourism Development:
Active participation by the local community in tourism-related
initiatives shall be encouraged, through training, partnerships
with local businesses, and cultural preservation efforts, ensuring
that the economic and social benefits of tourism are equitably
distributed.
15. Inefficiency of Tendered Contractors:
It has been observed that individuals awarded tenders for
tourism-related projects have not executed their responsibilities
in a satisfactory manner. The tender process, while ensuring
competitive opportunities, must be reviewed to prevent
malpractices and ensure timely and effective project completion.
16. Concerns Regarding Sanitation and Toilet Facilities:
There have been numerous complaints regarding the insufficient
and inadequate toilet facilities across the entire Sonamarg
region. The matter requires urgent attention and the
implementation of a comprehensive plan to ensure proper
sanitation in the area.
17. Absence of Fixed Taxi Rates:
It has been noted that the absence of fixed rates for taxi services
causes confusion and inconvenience to tourists. This issue must
be addressed to ensure fair pricing and enhance the tourist
experience.
18. Improper Parking by Local Drivers:
Local drivers have been observed parking their vehicles in a
manner that forces tourists to park on the road, despite the
availability of designated parking spaces. This issue must be
rectified to ensure smooth traffic flow and enhance the tourist
experience.”
11. This Court vide order dated 16.10.2024 directed Mr. T. M. Shamsi,
learned DSGI, to place on record S.O No.443 dated 31.12.2021 issued by
the Department of Tourism Government of J&K and also disclose how
much land has been earmarked for Sonamarg Development Authority and
how much has been earmarked for the Army Authority.
12. In compliance with the said order compliance report has been filed
affidavit 04.12.2024 stating there in that total land under the occupation ofPIL No.404/2011 Page 13 of 16
the Army is 1397.65 kanals as per the details given in the affidavit. The
copy of the S.O. No.443 placed on record disclose that land measuring
354 Kanals situated at Sonamarg as detailed in Annexure “B” to the said
notification as “Stragetic Areas” for operational and training requirements
of Armed Forces.
13. During all these years the present writ petition remained pending
before this Court, the respondents always reiterated that Master Plan
2005-2025 will be revised as per the directions of this Court passed from
time to time but until now when the said Master Plan is going to expire in
the month of June, 2025, the respondents failed to act in the matter and
make revisions in the Master Plan.
14. This court vide order dated 03.12.2024 while observing that since
the Master Plan is expiring in June 2025, thought it appropriate to seek
personal appearance of the Commissioner Secretary Tourism and
Commissioner Secretary Housing Department. Accordingly, the Special
Secretary Tourism and the Chief Town Planner appeared before the Court
and submitted that they have already initiated the process for drafting a
new Master Plan. Therefore, an affidavit was directed to be filed
disclosing the steps initiated for revising or drafting a new Master Plan
and also the time line for finalizing the same.
15. Accordingly, pursuance of the order dated 03.12.2024, the Chief
Town Planner, Town Planning Organisation, Kashmir, filed compliance
affidavit dated 6th December, 2024. In the compliance it is stated that the
matter has been taken up with the Tourism Department with regard to
preparation/ revision of the Master Plan. It is further stated that the
Tourism Department after notification of the extended area, if any, of the
Sonamarg Development Authority, the Town Planning Organisation will
start the preparation of the Master Plan for Sonamarg. The affidavit also
provides the time lines for formulation of GIS based Master Plan
Sonamarg 2025-45. At last, it is stated in the affidavit that after finalizing
the boundaries of Sonamarg Development Authority by the Tourism
Department, the Town Planning Organisation Kashmir, will provide thePIL No.404/2011 Page 14 of 16
technical support, for which it will take atleast minimum of one years for
its completion.
It is apt to note here that in terms of affidavit dated 28 th February,
2023 filed on behalf of Chief Executive Officer, Sonamarg Development
Authority, in compliance to the order dated 28.12.2022, stated that the
Government has already accorded sanction for formulation of Revised
Master Plan of Sonamarg (2040) on outsource basis vide Govt. Order
No.136-TSM of 2019 dated 16.05.2019.
16. The matter was accordingly, listed for consideration on 16.12.2024,
on which date the parties were heard and the orders in the matter were
reserved.
17. After hearing the learned counsel for the parties and after going
through the pleadings on record as also the orders passed by this Court
from time to time, this Court comes to the conclusion that the purpose and
object of the present Public Interest Litigation is to preserve tourist
destination from encroachments and pollution.
18. 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. However, it has been brought to the notice of the Court that
respondents are in the process of formulating a new Master Plan 2025-45,
as such, without keeping this writ petition pending, we deem it
appropriate to dispose of this writ petition with the following directions:
(a) Since the Master Plan in vogue is likely to expire in June, 2025,
therefore, the respondents are directed to take all the requisite steps
forthwith to finalise the Master Plan 2025-2045 and the same shall
be completed by the end of August, 2025. While formulating the
Master Plan for the area, the respondents shall take on board all the
stakeholders and also keep in mind the orders passed by this Court
from time to time as also the suggestions putforth by the learned
Amicus Curiae in this regard.
(b) The applications seeking constructions and repairs/ renovation of
the existing structures shall be dealt with by the BOCA as per thePIL No.404/2011 Page 15 of 16
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.
In case of any violation, the same shall be dealt with by the
concerned authorities in terms of the applicable rules.
(c) In so far as the encroachments and illegal constructions in the area
are concerned, the same shall be removed in due course of law.
(d) Since the Solid Waste Management Bye-Laws had been adopted
and notified by notification dated 21 November, 2019. The
respondents are directed to ensure that all the measures are taken
for implementation of the said Bye-Laws in the area.
(e) 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.
This writ petition in public interest along with the connected writ
petitions as also the CMs are, accordingly, disposed of in the aforesaid
directions.
Before parting with, we deem it appropriate to appreciate the efforts
put in by Mr. Nadeem Qadiri, learned Amicus Curiae, for his hardwork
and rendering proper assistance to this Court in deciding the matter.
(M. A. CHOWDHARY) (TASHI RABSTAN)
JUDGE CHIEF JUSTICE
Srinagar
03.01.2025
Abdul Qayoom, Secy.
Whether approved for reporting: Yes
Abdul Qayoom Lone
I attest to the accuracy and
authenticity of this document
04.01.2025 13:41 PIL No.404/2011 Page 16 of 16