J&K High Court has permitted the army to carry out repairs of the High Altitude Warfare School (HAWS) at Gulmarg.
Hearing army’s application in a PIL seeking conservation of Gulmarg health resort, a division bench of Chief Justice Gita Mittal and Justice Puneet Gupta observed that the CEO, Gulmarg Development Authority (GDA) cannot interdict its specific directions made on 26 October 2018.
The bench made it clear that the permission granted by it in terms of order dated 26 October 2018 “shall continue to operate” and the order of the CEO, GDA dated 19.06.2019 shall not come in the way of the applicant.
On 26 October 2018, the court had permitted the army to carry out repairs of HAWS structures at Gulmarg with the condition of “maintaining a video recording of the existing structure”.
The court had however made it clear that in case the army deviated from the information which had been furnished to Building Operation Controlling Authority (BOCA), “no equity shall flow in its favour.”
In its fresh application, army contended that despite the clear permission granted by the court, the CEO, GDA was “obstructing” the work.
The army cited CEO, GDA’s order dated 19 June 2019 which read: “on the direction of Registrar Judicial on 19.06.2019 at Gulmarg, all permission of works issued by the BOCA were kept in abeyance and no material would be allowed to enter Tangmarg and Gulmarg beyond the limits of Toll Post Gulmarg”.
The court asked the respondents to file response to the application by October 8.