Excelsior Correspondent
Srinagar, Aug 25: High Court directed the Building Operation Controlling Authority (BOCA) of Sonamarg Development Authority (SDA) to consider and permit the High Altitude Warfare School (HAWS) to carry out the repairing works of the school.
The application was moved by the Army seeking permission of 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 as there is blanket ban of construction in and around the resort.
The division bench of Chief Justice N Kotiswar Singh and Justice M A Chowdhary after considering the issue involved in the application said the maintenance and repair works are urgently required as the same pertains to security of the Nation which is of paramount importance.
Court said the permission for repairing the (HAWS) school cannot be equated with other commercial enterprises engaged in profit making activities and the army and 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 applicant-HAWS should be allowed to carry out the maintenance, repairing works as mentioned in the report. We hold that the bar placed by this Court 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”, DB recorded.
The applicant-Army submitted that the HAWS and transit camp require urgent maintenance and repairing before the onset of winter, which otherwise will not be possible once winter sets in and time window is very small.
It has been submitted that these maintenances and repairing works are necessary to keep the Troops, engaged in counter insurgency operations and defence of the country in optimum preparedness, and as such, if these maintenance/ repair works are not allowed to be undertaken immediately, it will seriously compromise with the preparedness of the Army troops stationed therein and those who are in transit using these facilities.
Court accordingly allowed the 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 and repairing works in Sonamarg army installations and locations as sought by the army-applicant.
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