A Division Bench of Chief Justice Dr. Pushpendra Singh Bhatti and Justice Rajnesh Oswal, while issuing the direction in a Public Interest Litigation observed,

"The affidavit dated 27.08.2026 has been filed on behalf of petitioner. The affidavit raises certain critical issues, including industrialization in the flood zone area, which would require an immediate response from the Divisional Commissioner, Kashmir."

The Court further directed,

"It is directed that the response to the affidavit be filed within a period of one week from today."

The proposed Plug-and-Play Industrial Park at Nowgam, estimated to cost ₹104.02 crore and planned over approximately 50 acres, is being developed under the Bharat Audyogik Vikas Yojana (BHAVYA) programme, which aims to develop investment-ready, world-class industrial infrastructure. The Srinagar park envisages horticulture value chain, food processing, logistics and digital services.

The EPG has contended that the site falls within the Pantha Chowk–Nowgam stretch of the National Highway Bypass, an area specifically protected from development under the Srinagar Master Plan-2035. While approving the Master Plan through State Administrative Council Decision, the SAC had directed that no development/construction activity be permitted along the NH Bypass from Pantha Chowk to Nowgam which forms a part of flood absorption basin.

The Master Plan instead proposed developing a biodiversity park or willow forest (locally called veeriwaar) on this stretch without earth filling. The Master Plan observed has accentuated the preservation of this belt is important for the safety of Srinagar city to protect it from floods.

The EPG has submitted that its objections relate to the proposed location of the industrial park and not to industrial growth, investment or employment generation. It has raised concerns that permanent construction in the area could affect floodwater storage, drainage systems and the safety of infrastructure and nearby communities during heavy rainfall and flooding.

The group has also referred to waterlogging during the July 2026 rains, when water entered residential houses, shops, commercial establishments and the ground floor of the Civil Secretariat, highlighting the need for long-term drainage planning rather than continued reliance on emergency dewatering measures.

The EPG has sought maintenance of status quo at the proposed site and asked the authorities to place before the Court the exact cadastral boundaries of the project overlaid on the protected zone, along with the legal basis for proposing development there. It has also sought an independent hydrological assessment of the site's flood-storage and flood-conveyance functions and has proposed that, if the protected status is confirmed, an alternative location be considered for the project.

The group has also urged the Government to formulate an Integrated Jhelum Basin-Urban Resilience and Flood Management Programme and has sought a technically independent hydraulic audit of the Jhelum, including mapping of historical and present cross-sections, bed-level changes, silt deposits, constricted reaches, weak embankments, encroachments and hydraulic obstructions.

The EPG has advocated the principle of "No Net Loss of Flood Storage" and maintained that irreversible construction should not proceed until the statutory, planning and hydrological status of the site is examined. The group has argued that flood basins are not vacant land, rather, they are natural public infrastructure, and their storage capacity cannot be treated as surplus land available for urbanisation.

The Division Bench observed that the affidavit raised critical issues requiring an immediate response from the Divisional Commissioner. The Court listed the matter for further consideration on October 29, 2026, and directed that the response be filed within one week.

Case Title: Environmental Policy Group (EPG) v. Union of India and Others

Appearances

Petitioner: Mr. Shafqat Nazir, Advocate; Ms. Heena Baqal, Advocate; Mr. Nadeem Qadri, Amicus Curiae

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