| DB restrains from any construction, cutting of trees | | PIL on preservation of Gulmarg's environment | | Early Times Report
SRINAGAR, Feb 17: A Division Bench (DB) of J&K High Court, Srinagar Wing, comprising Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul while hearing a Public Interest Litigation (PIL) seeking to preserve the environment of Gulmarg, restrained from any construction and cutting of trees at Gulmarg.
During the hearing, the DB observed that this Court has passed slew of directions aiming at preserving glory of Gulmarg. It was in consequence of directions of this Court that a high-level meeting, chaired by Chief Secretary, J&K, was held, in which threadbare discussion had taken place and various steps were taken for preserving glory of Gulmarg. It was also decided to take fresh process for formulation of Master Plan. A number of Committees were also constituted, including one to consider extension and renewal of leases in respect of live lease cases and expired lease cases. A direction was also issued to CEO, Gulmarg Development Authority, to submit details regarding illegal constructions and violations.
DB further observed that for about eight long years, this Court has been monitoring the instant PIL and ensuring that glory and prestige of Gulmarg remains preserved. However, on examination of directions passed from time to time as also status report (s) filed by respondents, Division Bench observed that it has become necessary to pass further directions and directed that no further construction shall be allowed to be raised on the land falling within the scope of the subject of the PIL.
DB further directed the Chairman, Pollution Control Board, shall ensure that all the hotels in Gulmarg have proper sewerage and drainage facilities and also directed the Chief Conservator of Forests shall ensure that no tree is cut down in Gulmarg.
During the course of hearing, Division Bench noticed that valuable time of Registrar Judicial of this Court is spent for spot verification of the constructions, violations and deviations, etcetera, which has, on the other hand, affected the working in the High Court. Without going to further details, Division Bench modified the order, appointing Registrar Judicial of this Court, as Court Commissioner, by providing that henceforth as and when a need arises for any spot inspection or services of Court Commissioner vis-a-vis subject matter of PIL on hand, the Commissioner will be appointed according to requirement and nature of inspection to be made.
Division Bench further observed that Adv A Chesti, Amicus Curiae, has been assisting this Court in instant PIL for last nine years. On examination of the file, it is noticed that Amicus Curiae, has time and again not only assisted in the case orally but also placed on record valuable material in the shape Response(s), etcetera. In view of effective responses/suggestions being made by learned Amicus Curiae, it has become necessary to direct CEO, Gulmarg Development Authority, to pay an amount of Rs 25,000 to A Chesti, learned Amicus Curiae, for meeting expenses.
—JNF |
|
