The High Court on Thursday permitted the Army to construct a transit camp at health resort Sonamarg.
“Without prejudice to the rights and contentions of bothsides, the petitioner (Army) is permitted to raise construction of the TransitCamp at Sonamarg as has been proposed in the submission made to BuildingOperation Controlling Authority (BOCA) on 12 December 2018,” a division benchof Chief Justice Gita Mittal and Justice Rashid Ali Dar said in its order.
The direction came after Assistant Solicitor General ofIndia Tahir Shamsi on behalf of Army submitted that BOCA of Sonamarg “has notmoved at all” for the past six months since the Army applied for buildingpermission.
Shamsi said weather conditions in the area are such thatArmy has only two months to carry out constructions.
The court, however, allowed BOCA of Sonamarg and the ChiefTown Planner Kashmir to inspect the constructions and to point out anyrectifications required to be undertaken by the Army.
“The construction in terms of the present order shall besubject to further orders of this court,” the bench said.
In its petition, the Union of India through CommandingOfficer 254 Transit Camp Sonamarg, said that since 1998 the camp in Sonamargremains functional from mid-April to mid-December and has to be relocate duringwinter.
The Army submitted that its existing infrastructure isinadequate to house the staff in transits and it is for this reason that Armyhas proposed to reconstruct and improve the existing infrastructure by raisingthe necessary permanent housing structure at Sonamarg.
“The endeavour is to keep the transit camp functional allthroughout the year. This necessitates creation of permanent assets at thetransient camp,” the Army had said.
Pointing out the revenue authorities have no objection tothe construction, the army said that various other departments have displayed “lackadaisicalattitude” over the issuance of requisite No Objection Certificates (NOCs).
The Army had sought directions to the concerned authoritiesto issue the requisite NOCs and grant permission to construct buildings at thetransit camp.
In its order dated 4 June 2019, the court had directed thatthe matter be brought to the notice of the Chief Secretary to consider thesame.
In its status report dated 2 July 2019, the government saidthe matter was placed before the Chief Secretary on 28 June 2019 wherein adecision was taken for converting and declaring an area as a “Strategic Area”for direct operational and training requirements of Armed Forces.
“The decision dated 28th June 2019 though makes a referenceto the instant writ petition in the heading, however, the matter of raising theconstruction of the Transit Camp on the site which is in the possession of thearmy and is being utilized as a Transit Camp has not been considered,” thecourt said.
The court observed that the petitioner (Army) has placed onrecord the progress of the matter for raising the construction of the TransitCamp and several “no objection certificates” already received for theconstruction.
While the army referred to a letter dated 29 October 2018issued by the Sonamarg Development Authority, which required it to seekpermission of the court for constructing buildings, the court in its orderdated 4 June 2019 said the constructions shall be subject to inspections by thecompetent authority of the Sonamarg Development Authority.
“The objections which may be pointed out would be addressedby the petitioner,” the court had said.