Jammu & Kashmir High Court - Srinagar Bench
At Srinagar vs State Of J And K And Ors on 11 August, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Sr. No.09
2025:JKLHC-SGR:3-DB
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(1555/2025) IN PIL 404/2011
COURT ON ITS OWN MOTION ...Petitioner(s)/appellant(s)
Through: Mr. Z. A. Shah, Sr. Advocate with
Mr. A. Hanan, Advocate
Vs.
STATE OF J AND K AND ORS ...Respondent(s)
Through: Mr. Mohsin Qadri, Sr. AAG &
Ms. Maha Majeed, Assisting Counsel
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
11-08-2025
Pursuant to our order dated July 30, 2025, Dr. Ashish Verma,
Additional Chief Secretary, Department of Tourism has joined the
proceedings virtually.
1. Vide this application (CM 1555/2025), applicant Altaf Ahmad seeks
clarification of the order dated January 3, 2025.
2. In essence, what is sought to be urged is that, vide CM 7406/2024,
modification/clarification of the order passed by this Court in October
23, 2023 was sought, vide which the parties were permitted to carry out
construction after leaving 100 meters from the bank of river Sindh at
Sonamarg. Whereas, under the existing Master Plan forSonamarg, the
distance provided for construction is 150-200 feet. Therefore, the
directions issued by this Court were required to be in sync therewith.
3. Pursuant to the orders passed by this Court, reply/objections on behalf
of Chief Executive Officer, Sonamarg Development Authority dated
June 26, 2025 have been submitted. And paragraph 4 & 5 thereof reads
as thus:
04. That the applicant has approached this Hon'ble Court
through the instant Application seeking permission to carry out
a specific activity within the jurisdiction of the SDA in
Sonmarg. The said request shall be duly considered by the
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competent authority within SDA only if the applicant strictly
fulfills all the eligibility conditions and regulatory requirements
prescribed under the directions of this Hon'ble Court,
particularly as laid down in the judgment dated 03.01.2025, as
well as those stipulated under the Government Order No.428-
JK(GAD) of 2025 dated 03.04.2025.
05. That the Sonmarg Development Authority is under a
statutory and judicial obligation to ensure that no permission is
granted in violation of the Master Plan, environmental norms,
or Court orders. The applicant's eligibility shall be verified in
accordance with the comprehensive guidelines provided in the
above-stated Government Order and the Hon'ble Court's
judgment. No applicant can claim any right or privilege for
establishment or operation in Sonmarg unless they fully comply
with the prescribed norms and receive approval from the
competent authority. It is respectfully submitted that the filing of
an application does not ipso facto entitle the applicant to any
relief or permission. The consideration of the request shall be
based strictly on merit, feasibility, and compliance with
environmental and statutory norms. Unauthorized, ad hoc, or
unregulated permissions can have serious environmental
implications, and therefore, SDA exercises due diligence and
scrutiny in each case.
4. Learned counsel for the respondents, with reference to the averments
set out in paragraph 4 & 5 (ibid), submits that the matter be disposed of
to enable the competent authority to deal with the pending application
and pass appropriate orders in accordance with the law.
5. Learned senior counsel for the applicant is agreeable to the course
suggested by the learned counsel for the respondents and submits that
let the application be disposed of in terms of the statement made by
learned counsel for the respondents. However, he submits, for a
considerable time has elapsed, the authorities be directed to pass
necessary orders within specified time. Particularly, since every
possible sanction/approval from the concerned department has already
been obtained and all that is required is to pass necessary orders.
6. In response, learned counsel for the respondents submits that every
possible endeavor shall be made to pass formal orders as expeditiously
as possible and not later than six weeks.
7. In the wake of the above and in terms of the statement made by learned
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counsel for the respondents, the petition is disposed of.
8. Needless to assert, if the grievances of the applicant are not addressed,
he will be at liberty to avail all such remedies as shall be admissible in
law.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE CHIEF JUSTICE
SRINAGAR
11-08-2025
Aamir
