Ban On Gulmarg Construction To Continue: High Court

Srinagar, May 20: Jammu and Kashmir High Court on Thursday said that its directions regarding ban on all types of constructions in Gulmarg and Tangmarg shall continue.

“The earlier directions of the Court stopping of construction activities at Gulmarg/ Tangmarg, shall remain in operation and if any person is found violating the same and continues with the construction activities his/her property shall be sealed forthwith and that no building or construction material shall be allowed to be transported in the area,” said a division bench of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul.

“It would be obligatory upon the Deputy Commissioner, Baramulla, SSP, Baramulla and the Gulmarg Development Authority to ensure that no construction activities are carried out without the leave of the Court,” the court said, adding, “The Court however do not intend to usurp or take over the functions of the Development Authority or the BOCA and, as such, leaves it open for the authorities to entertain applications for the repairs and constructions of the buildings in accordance with the Master Plan and the By-laws but the sanction, if any, shall not be implemented without taking prior approval of the Court.”

The court also discharged amicus curiae or of any commissioner or the committee regarding the subject matter of the PIL, concerning the illegal and unauthorized constructions being raised in Gulmarg and Tangmarg in violation of the Master Plan.

“Any amicus curiae appointed earlier stands relieved of his office and so are the commissioner(s), if any appointed from time to time. The Committee(s), if any, shall also stand dissolved. It is made clear that on filing of the affidavits as directed above, if necessary, the Court may consider for the appointment of amicus curiae, commissioner or a committee afresh subsequently,” the court said. gns

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