By M Ahmad
Srinagar- The High Court of J&K and Ladakh has modified its order of total ban on fresh constructions by allowing authorities to raise “temporary structures” at Sonamarg area for the ensuing Amarnath Yatra.
However, a bench of Chief Justice N. Kotiswar Singh and Justice Moksha Khajuria Kazmi directed authorities that the structures are liable to be demolished on completion of the Yatra by “restoring the earlier position in the field.”
“Considering the fact that Amarnath Yatra is going to commence on 01.07.2023, in order to facilitate and provide convenient provisions and facilities for the large number of pilgrims who are going to visit Amarnath, which is also for a limited period, as prayed for by counsel for the respondent (government), we allow raising only temporary structures meant for the convenient transit of the Yatris/Pilgrims, which structures shall be liable to be demolished on completion of the Yatra by restoring the earlier position in the field,” the court said.
By order dated 27 March 2023, the court had banned all types of constructions in Sonamarg, known as golden meadow.
“Accordingly, the order dated 27.03.2023 passed by this Court is modified only for the aforesaid limited period only till the conclusion of Amarnath Yatra of this year.”
Meanwhile, based on submissions by amicus curie that two important departments namely, J&K Forest Department, and Department of Wildlife should be heard before any decision is taken by the Court, the division bench asked them to submit a report regarding the matter pertaining to the preservation of the Sonamarg.
“We are also of the view that since they are important stakeholders in the preservation of environment at Sonamarg, they are directed to file their responses and submit their views in this PIL and if already submitted, they shall update the status of their response,” the court said and ordered listing of the PIL July 17.
On March 27 this year, the Court had ordered: “….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 or Repairs permitted by the Court shall be carried out only after obtaining proper building permission from the BOCA, Sonamarg, it had said.
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