Excelsior Correspondent
Srinagar, Aug 22: As the Sonamarg Development Authority (SDA) has informed the court that the authority in compliance of the court orders has taken cognizance against the violations of building constructions and repairs, the High Court sought such action in the shape of compliance report by next date.
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The SDA counsel submitted that, in compliance with the directions issued by this Court, cognizance has been taken against the violators. He in order to place on record such information has sought some time for filing of a comprehensive Action Taken Report (ATR).
“…four weeks’ time is granted to file a comprehensive action taken report, along with a detailed compliance report in terms of order dated 03.06.2024, with specific reference to the directions outlined in the paragraph 5 of the said order”, Division Bench of Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta said.
The court in paragraph 5 of earlier order was informed that there were two specific orders passed by this Court in which a number of directions were issued which would be required to be taken into consideration by the BOCA while considering the application for repair/renovation.
Amongst these directions is that all applications for sanction of building/ construction/renovation/ repairs in any building shall be accompanied by an affidavit by the applicant that he / she is not in illegal occupation / possession of any public land/ forest land in the entire Union Territory of Jammu & Kashmir as well as Ladakh alongwith authenticated copies of all documents establishing legal right of ownership/title/occupancy over the land on which construction/ repairs / renovation is proposed.
A Certificate from the Deputy Commissioner and DFO concerned that the land is not public land and/or forest land must also accompany the application seeking renovation or repairs along with a Copy of original sanctioned plan with all documents of original sanction, previous permissions for additions / repairs /renovation.
Apart from these conditions as imposed by the court, the BOCA of SDA has to strictly adhere to the instructions of the Ministry of Environment while considering the pleas for renovation and repairs of structures in Sonamarg tourist resort.
The Notification issued by the Ministry of Environment also laid down certain terms and conditions, which has provided the list of activities prohibited or to be regulated within Eco-sensitive Zone. The said notification court added is also mentioned of a zonal master plan to be drawn up by the Union Territory in such a manner as to prohibit development activities at or near these areas which are detrimental to such areas.
The SDA also has to inform the court with regard to furnishing of an affidavit by the Deputy Commissioner, Ganderbal about verification of revenue record and as to whether the construction of any type has been stopped within 100 meters from the bank of river Sindh as directed by the court.
These directions were passed after the court has been informed that the matters relating to grant of permission for renovation or repair and construction is being monitored by this Court, some persons have been unauthorisedly making constructions and other flagrant violations are going on not in Sonamarg but in around it.
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