Srinagar- Observing that the security forces “can be treated to be a class by itself distinguishable from other commercial enterprises”, the High Court of J&K and Ladakh has allowed the army to carry out repairs and maintenance works in Sonamarg, the gold meadow.
A Division Bench of Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary passed the orders while allowing an application filed by the army, seeking permission in the backdrop of restraint imposed by the Court to carry out maintenance and repairing works in respect of the existing structures in High Altitude Warfare School (HAWS) and other transit camps located in Sonamarg.
When the matter was taken up by the court, T M Shamsi, DSGI, furnished the details of the works for maintenance and repairs required to be executed in the Army installations in Sonamarg (HAWS) and the Sonamarg Military Stations in a sealed cover and submitted that disclosure of the detail particulars may compromise with the security of these installations.
“Considering that carrying out the maintenance/repair works are urgently required, and the fact that this pertains to security of the Nation which is of paramount importance, and thus cannot be equated with other commercial enterprises engaged in profit making activities,” the court said, adding, “The army/security forces can be treated to be a class by itself distinguishable from other commercial enterprises, we are of the view that an exception can be made to the restraint orders passed by this Court and the application should be allowed to carry out the maintenance/repairing works as mentioned in the report.”
Under the circumstances, the court held that the bar placed by it should not come in the way of Building Operations and Controlling Authority to consider and give permission to the army authorities to undertake maintenance and repair work as sought by them.
“Accordingly, we allow this application by directing that the restraint order passed by this Court on various dates, including on 27.03.2023 will not come in the way of grant of permission by the Building Operations and Controlling Authority to the army authorities for carrying out necessary maintenance/repairing works in Sonmarg army installations/ locations as sought by the army-applicant.”
Earlier the army submitted that various structures require urgent maintenance and repairing before the onset of winter which otherwise will not be possible once winter sets in and that the “time window is very small.”
Army submitted that the maintenance and repairing works are necessary to keep the Army Troops, engaged in counter insurgency operations and defence of the country in optimum preparedness.
As such, the army said, if these maintenance and repair works are not allowed to be undertaken immediately, it will seriously compromise with the preparedness of the Army troops stationed there and those who are in transit using these facilities.
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