Srinagar (Jammu and Kashmir): In a move emphasizing the strategic significance and national security implications associated with the Indian Army's operations, the High Court of Jammu and Kashmir and Ladakh directed the Building Operation Controlling Authority (BOCA) Gulmarg to swiftly process the Army's application for renovations and new constructions.
The division bench, led by Chief Justice N Kotiswar Singh and Justice Wasim Sadiq Nargal, stressed the need for BOCA authorities to consider the Army's plea with a keen eye on the security of the nation. The court instructed that the orders be passed expeditiously, preferably within a month, recognizing the urgency and importance of the matter.
The Army's application sought permission for existing and fresh constructions related to the operational training of forces, including accommodation for both Indian and foreign officers and troops, along with necessary infrastructure at Gulmarg in phases. The court, acknowledging the pivotal role of Gulmarg as the fulcrum of Indian Army operations along the Line of Control, and home to the unique High Altitude Warfare School (HAWS), stressed the importance of the request for the nation's defense and security.
"As this pertains to the defense and security of the nation, the matter is remitted to the BOCA Gulmarg for the grant of necessary permission. The BOCA shall accordingly facilitate the Indian Army to make necessary repairs and fresh construction following the norms, as applicable," the court stated in its order on March 5.
Representing the Defence Ministry, Deputy Solicitor General of India (DSGI) T Shamsi informed the court that they had already approached BOCA authorities. The court urged the authorities to consider the Defense Ministry's submission promptly, maintaining a focus on the strategic significance and security of the nation. The court further emphasized the need for swift action, preferably within a month from the date of the order.
The court, after disposing of the application, listed the main matter (PIL No.14/2012), a Public Interest Litigation related to the preservation of Gulmarg, for further consideration on April 1.
Interestingly, the high court's same bench had issued similar orders to BOCA Sonamarg Development Authority (SDA) last week concerning repairs and new constructions in the gold meadow.
The bench had directed the BOCA of the SDA to review the Ministry of Defence's application concerning the construction and renovation of dilapidated structures for military purposes, emphasizing the matter's significance for national security. The Ministry sought permission to resume stalled projects and initiate new constructions for Military Engineering Service (MES) defense works in Sonamarg, including the High-Altitude Warfare School (HAWS).
The court also urged expeditious consideration, preferably within one month, emphasizing the strategic significance and security of the nation. The Ministry clarified that the application aimed to address stalled projects due to a court-imposed ban in March 2023, highlighting the critical role of Sonamarg in maintaining border vigilance and countering insurgency, justifying the need for fresh constructions to accommodate troops and officers, including those from friendly foreign nations.
Earlier, on February 16, 2021, during the proceedings of the main matter (PIL No.14/2012), the bench of the High Court, consisting of Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul, highlighted that the Public Interest Litigation had been initiated back in 2012.
"The petitioner, Mohammad Rafiq Zargar, aimed at restoring the prestige and pristine glory of Gulmarg, a renowned tourist resort. The court had issued a series of directives to preserve Gulmarg's glory. These directions led to a High-Level Meeting, chaired by the Chief Secretary of Jammu and Kashmir, wherein extensive discussions took place, and various measures were taken to safeguard Gulmarg's reputation. The court's decisions also prompted the initiation of a fresh process for the formulation of a Master Plan," the bench said, adding, "Several committees, including one for lease extensions and renewals, were established. Additionally, the CEO of Gulmarg Development Authority was directed to provide details on illegal constructions and violations."
Pronouncing its order, the court said: "Over the course of eight years, the court vigilantly monitored the ongoing PIL and ensured the continuous preservation of Gulmarg's glory and prestige. However, upon reviewing the various directions issued over time and the status reports filed by respondents, the court found it necessary to issue further directives. These included prohibiting any additional construction within the PIL's scope, directing the Chairman of the Pollution Control Board to ensure proper sewerage and drainage facilities in Gulmarg's hotels, and instructing the Chief Conservator of Forests to prevent the cutting down of any trees in the area."
