“Appalled” That PIL On Illegal Constructions In Patnitop Has Lingered For Nearly A Decade; J&K&L High Court Directs CEO To Join Proceedings

Expressing serious concern over the prolonged pendency of a public interest litigation relating to alleged illegal constructions in the tourist destination of Patnitop, the High Court of Jammu & Kashmir and Ladakh observed that it was “appalled that even though the matter is pending for nearly a decade, but the same is not being pursued in the right earnest,” and consequently directed the Chief Executive Officer of the Patnitop Development Authority to join the court proceedings online on the next date of hearing.The directions were passed by a Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal while dealing with a public interest litigation concerning alleged large-scale violations of planning regulations and encroachments in the Patnitop area.The litigation stems from a public interest petition filed by Alpie Bahal and another, raising concerns over alleged illegal constructions and encroachments in the ecologically sensitive Patnitop region. The petition has been pending before the High Court since 2018 and seeks judicial intervention to address various alleged violations of planning norms and environmental safeguards in the area.The petitioners allege that commercial establishments, including hotels and multi-storeyed structures, have been raised in violation of the approved master plan and on protected lands, prompting the Court's scrutiny of the actions and responsibilities of the authorities, particularly the Patnitop Development Authority.Through their petition the petitioners have submitted that extensive violations had taken place in the Patnitop region, including construction of hotels and commercial establishments on green buffer zones, forest land, and State land classified as Kacharai. It is further contended that several multi-storeyed structures had come up in residential areas contrary to the master plan governing the region.The petitioners have also alleged a criminal conspiracy between certain officials of the Patnitop Development Authority and private hotel operators, claiming that unauthorized structures were allowed to come up and that serious violations were subsequently compounded illegally before the Special Tribunal despite being non-compoundable in nature. Additionally, it is alleged that commercial hotel operators were misusing domestic water and electricity connections meant for residential consumption.During the hearing, the Deputy Advocate General appearing for the Patnitop Development Authority submitted that he had been engaged in the matter only on the day of the hearing and sought time from the Court to obtain instructions regarding the steps taken by the authority and the current status of the alleged violations.The High Court noted that the petition raises issues of significant public importance, particularly relating to illegal constructions and land encroachments in a sensitive tourist and ecological zone. The Bench observed that the concerns highlighted by the petitioners include construction of hotels and commercial units on green buffer areas, forest land and State land, as well as the raising of multi-storeyed buildings in residential zones in violation of the governing master plan.The Court further took note of the allegations that certain unauthorized constructions were allowed due to alleged collusion between officials of the Patnitop Development Authority and hotel operators, and that major violations which were otherwise non-compoundable were allegedly compounded before the Special Tribunal.The Bench also recorded the grievance that domestic utility services such as water and electricity were allegedly being misused by commercial hotel establishments.Expressing dissatisfaction with the manner in which the matter had progressed over the years, the Court made a sharp observation regarding the lack of effective follow-up in the case. It remarked, “We are appalled that even though the matter is pending for nearly a decade, but the same is not being pursued in the right earnest, which leaves us with no choice but to direct the Chief Executive Officer, Patnitop Development Authority to join the proceedings online on the adjourned date.”The matter has been listed for further hearing on February 25, 2026, when the Court is expected to examine the response of the concerned authorities and the progress made in addressing the alleged violations in the Patnitop region.Case Title:Alpie Bahal Vs State of J&K Click Here To Read/Download Order

“Appalled” That PIL On Illegal Constructions In Patnitop Has Lingered For Nearly A Decade; J&K&L High Court Directs CEO To Join Proceedings

LIVELAW NEWS NETWORK

Tags