Srinagar: As Master plan for Gulmarg hangs fire from last six years, the Jammu and Kashmir High Court has said that ecology, environment and the development of the area is being jeopardized.
“It is noteworthy that this issue is pending before this Court since 2012. Small matters like application for approval of repairs/renovations are being scrutinized which is the statutory duty of the Gulmarg Development Authority. Valuable judicial time is being caused to be expended on these aspects while, at the same time, public interest in ensuring the ecology, environment and the development of the Gulmarg area is being jeopardized,” said a bench of Chief Justice Gita Mittal and Justice Alok Aradhe while hearing a Public Interest Litigation.
The court said that a serious view shall be taken “in case the steps which are required for finalization of the Master Plan for Gulmarg are not taken in right earnest and at the earliest.”
The court granted government six days to file the compliance report and the direction followed after time was sought for by the counsel for the government.
Fayaz Ahmad Khan, Chief Town Planner Kashmir, who was present in Court, informed the court that he has addressed a communication as back as on 9 December 2017 to the Commissioner Secretary, Tourism Department with regard to the issuance of a fresh Notification/SRO regarding re-definition of the local area of the Gulmarg Development Authority, keeping in view the several Court orders; inspections conducted by him and the position which subsists on the ground.
He submitted that he is proceeding to take steps as per the time line, as has been given by the Court.
Advocate General D C Raina, instructed by Hanief Wani, Chief Executive Officer, GDA submitted that there is no impediment at all to the Chief Town Planner to continue to comply with the directions passed by the Court and full assistance was being rendered by the Gulmarg Development Authority.
“It is shocking state of affair that such an important issue has not received the attention of the department of Tourism with the result the entire matter regarding finalization of the Master Plan being deferred,” the division bench said. “We are informed that even local area of the Gulmarg Development Authority, remains un-defined. The calamity which results is development in Gulmarg,” the court said.
The court directed Chief Town Planner to place his submissions on the course of events as well as his communications, before the Chief Secretary of the State of Jammu and Kashmir, “who may examine the matter and ensure that all needful steps are taken forthwith.”
The court said that it shall be open to the Chief Secretary to see whether there was any need for issuance of any fresh SRO and take a firm view in the matter. “If it is necessary, keeping view the multiple agencies being involved, any expert(s) be appointed for giving assistance in the matter.”
