Srinagar- The High Court of J&K and Ladakh has closed a Public Interest Litigation regarding Sonamarg by passing a slew of directions including one which calls upon authorities to take all the requisite steps forthwith to finalise the Master Plan 2025-2045 for the golden meadow by August this year.
“Since the Master Plan in vogue is likely to expire in June, 2025, therefore, the respondents are directed to take all the requisite steps forthwith to finalise the Master Plan 2025-2045 and the same shall be completed by the end of August, 2025,” said a bench of Chief Justice Tashi Rabstan and Justice M. A. Chowdhary.
While formulating the Master Plan for the area, the Bench said, the authorities shall “take on board” all the stakeholders and also keep in mind the orders passed by Court from time to time as also the suggestions putforth by the Amicus Curiae in this regard.
“The applications seeking constructions and repairs/ renovation of the existing structures shall be dealt with by the BOCA as per the statutory requirements provided under the BOCA Act, while keeping in view the directions issued by this Court from time to time …,” the court said, adding, “In case of any violation, the same shall be dealt with by the concerned authorities in terms of the applicable rules.”
In another direction, the court ordered that encroachments and illegal constructions in the area shall be removed in due course of law.
“Since the Solid Waste Management Bye-Laws had been adopted and notified by notification dated 21 November, 2019, the respondents (authorities) are directed to ensure that all the measures are taken for implementation of the said Bye-Laws in the area.”
Lastly, the court said the commercial establishments in the area be asked to install the solid waste management treatment plants as per the norms in their premises so that all non-biodegradable waste is disposed of.
The PIL was initiated in 2011 wherein it was contended that instead of discharging the fundamental duties by the citizens and the corresponding duties cast upon the State authorities to make endeavours for protection of environment and save it from pollution, the river Sindh and its water is subjected to worst kind of pollution by raising hotels, tourist huts and restaurants, for deriving natural pleasure, at various places on the river beds and at some places on the river itself.
It further contended that these constructions were being raised in violation of the various Statutes and in the process the water was getting polluted and in case immediate steps for retrieving the river and removing the constructions already raised are not taken, the water will get continuously polluted.
Later the scope of the petition was extended in terms of various orders passed from time to time including the order dated 11 September 2017 in which the court observed that the Sonamarg area has suffered serious environment degradation because of apathy on the part of stakeholders. Essentially, the court said, there are four aspects to the Sonamarg area. The first is the attraction of the meadows in the Sonamarg. “The very name, Sonamarg, reflects its actual nature, in the sense that it means “golden meadow‟. “
The second aspect which needs immediate attention is the Thajiwas Glacier, the court had said.
The third aspect which also requires immediate concern is the Thajiwas Wildlife Sanctuary and the associated forest areas, the court had further said. Lastly, the court had said that the fourth area of concern, which is often neglected, is the Sindh River which passes through Sonamarg.
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