Jammu & Kashmir High Court Bans Constructions, Felling Of Trees In Gulmarg To 'Preserve Its Glory'

The Bench of Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul ordered thus while hearing a plea seeking restoration of prestige and pristine glory of a world-renowned tourist resort, viz. Gulmarg.

It may be noted that for about eight long years, the J&K High Court has been monitoring the instant PIL and ensuring that the glory and the prestige of Gulmarg remain preserved.

The High Court has passed a slew of directions aiming at preserving the glory of Gulmarg, however, on examination of directions passed from time to time as also status report(s) filed by respondents, the Court found it necessary to pass further directions as under:

• No further construction shall be allowed to be raised on the land falling within the scope of the subject of the PIL;
• The Chairman, Pollution Control Board, shall ensure that all the hotels in Gulmarg have proper sewerage and drainage facilities; and
• The Chief Conservator of Forests shall ensure that no tree is cut down in Gulmarg.

The Court also took into account the fact that in the consequence of directions of the Court, a high-level meeting, chaired by Chief Secretary, J&K, was held, in which threadbare discussion had taken place and various steps were taken for preserving the glory of Gulmarg.

Importantly, in the said meeting, it was decided to take a fresh process for formulation of Master Plan. A number of Committees were also constituted, including one to consider extension and renewal of leases in respect of live lease cases and expired lease cases.

Lastly, noting that valuable time of Registrar Judicial of the High Court was spent for spot verification of the constructions, violations and deviations, etcetera, which affected the working in the High Court, the Court modified an order which appointed the Registrar Judicial of the High Court, as Court Commissioner.

The Court directed,

"Henceforth, as and when a need arises for any spot inspection or services of Court Commissioner vis-à-vis subject matter of PIL on hand, the Commissioner will be appointed according to requirement and nature of inspection to be made."

Case title - Mohammad Rafiq Zargar v. State of J&K and others [PIL no.14/2021]

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