No Fresh Construction Activities In Sonamarg Irrespective Of Building Permissions: Jammu & Kashmir High Court Clarifies

The Jammu and Kashmir and Ladakh High Court on Monday imposed a fresh blanket ban on carrying out construction activities within the peripheries of famous tourist destination Sonamarg.

Earlier in August 2017, the court while taking cognizance of reports of indiscriminate and unauthorized constructions in Sonamarg had initiated suo moto-action in public interest and had directed that till further orders no construction activity shall be carried out in the area.

The bench of Justices Sanjeev Kumar and Puneet Gupta passed these fresh directions in the same PIL after noting that its earlier clarification order with respect to renovation and repairs was being misconstrued.

On October 22, 2020, the court had taken notice of the fact that many of the hoteliers and others under the shield of the permission obtained for repairs and renovations were raising large scale unauthorized constructions, expansions and even making encroachments.

The bench said the modification only permitted repairs and renovations in existing structures, that too, after obtaining proper permission from Building Operation Controlling Authority.

"The order dated 22nd October, 2020, is thus required to be read along with order dated 09.05.2018, in that, what is envisaged in para 6, pertains only to effect repairs/renovations in the existing structures and the order dated 20.10.2022, cannot be construed to be a permission to raise fresh constructions in the Sonamarg Development Area. Even with regard to repairs and renovations in the existing structures in Sonamarg Development Area, this Court vide order dated 28th December, 2022, has clearly provided that the applicant would require building permission granted by the BOCA, Sonamarg and approved by this Court."

In view of the said clarification and with regard to the orders passed by the Court in the PIL, the bench made 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 28th December, 2022",the bench directed.

The court further directed the Chief Executive Officer (CEO) Sonamarg to ensure that no fresh construction in the Sonamarg Development Area is carried out with or without permission.

"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 (SDA) shall be personally responsible and shall be proceeded for contempt of this Court," the court said.

Case Title: Court on its Own Motion Vs State of J&K & Ors.

Click Here To Read/Download Order