HC orders Sonamarg’s long-overdue Master Plan finalisation

Srinagar, Jan 4: The High Court of J&K and Ladakh has directed the authorities to take all immediate requisite steps to finalise the Master Plan 2025-2045 for the Sonamarg and ensure it is completed by August end this year.

A bench of Chief Justice Tashi Rabstan and Justice M A Chowdhary issued the direction while closing a suo moto Public Interest Litigation (PIL) on the “golden meadow”.

Though a PIL related to River Sindh and Sonamarg filed in 2011 was closed by the court in 2017, it had immediately on its own motion registered a PIL on the health resort.

The court expressed its dismay over the failure of the government to revise Master Plan 2005-2025 for Sonamarg on which it passed a slew of directions.

“During all these years, the present writ petition remained pending before this court, the respondents always reiterated that Master Plan 2005-2025 will be revised as per the directions of this court passed from time to time but until now when the said Master Plan is going to expire in June 2025, the respondents failed to act in the matter and make revisions in the Master Plan,” the court said.

As the court noted that the Master Plan in vogue is likely to expire in June 2025, it directed the authorities to take the steps forthwith to finalise the Master Plan 2025-2045.

The court held that while formulating the Master Plan for the area, the authorities would take onboard all the stakeholders and also keep in mind the orders passed by the court from time to time as well as the suggestions put forth by the amicus curiae in this regard.

“The applications seeking constructions and repairs or renovation of the existing structures will be dealt with by the BOCA as per the statutory requirements provided under the BOCA Act while keeping in view the directions issued by this court from time to time,” the court said. “Any violation will be dealt with by the concerned authorities in terms of the applicable rules.”

With regard to illegal structures and encroachments in the area, the court ordered that these should be removed in the due course of law.

The court pointed out that since the Solid Waste Management Bye-Laws had been adopted and notified by notification dated November 21, 2019, it directed the authorities to ensure that all the measures are taken for implementation of the said by-laws in the area.

The court held that the commercial establishments in the area be asked to install solid waste management treatment plants as per the norms on their premises so that all non-biodegradable waste is disposed of.

In the PIL it was contended that instead of discharging the fundamental duties by the citizens and the corresponding duties cast upon the State authorities to make endeavours for the protection of the environment and save it from pollution, the River Sindh and its water was being subjected to worst kind of pollution by raising hotels, tourist huts, and restaurants for deriving natural pleasure at various places on the riverbeds and at some places on the river itself. The PIL had projected that constructions were being raised in violation of the various statutes and in the process the water was getting polluted.

It said that in case immediate steps for retrieving the river and removing the constructions already raised are not taken, the water would get continuously polluted.

Later, the scope of the petition was extended in terms of various orders passed from time to time including the order dated September 11, 2017, in which the court observed that the Sonamarg area had suffered serious environmental degradation because of apathy on the part of stakeholders.

In the suo moto PIL, the court had appointed Advocate Nadeem Qadri as “amicus curiae”, who was asked to put forth suggestions on various issues related to Sonamarg.

The court has appreciated the amicus curiae for his assistance in the matter.

While closing the PIL, the court observed that essentially there were four aspects to the Sonamarg area, saying the first was the attraction of the meadows.

“The very name, Sonamarg, reflects its actual nature, in the sense that it means golden meadow,” it said.

While the court said that the second aspect which needed immediate attention was the Thajiwas Glacier, it said the Thajiwas Wildlife Sanctuary and the associated forest areas also require attention.

“The fourth area of concern, which is often neglected, is the Sindh River which passes through Sonamarg,” the court said.