The High Court on Friday permitted the Army to carry out repairs of High Altitude Warfare School (HAWS) at Gulmarg with the condition of “maintaining a video recording of the existing structure”.
Division bench of Chief Justice Gita Mittal and Justice Alok Aradhe issued the direction while hearing a contempt plea by the Army seeking initiation of contempt proceedings against the government authorities concerned for “violating court orders”.
The court issued notice to the government seeking its reply to the petition, if any, by the next date of hearing.
The notice was accepted by state’s additional advocate general B A Dar.
“In the meantime, it is directed that subject to the applicant (army) maintaining a video recording of the existing structure, it is permitted to effect the repairs and renovation which it has communicated to the BOCA of Gulmarg,” the court said.
The Court however made it clear that in case the Army deviated from the information which has been furnished to Building Operation Controlling Authority (BOCA), “no equity shall flow in its favour.”
“The applicant (Army) would have to abide by any orders which may be necessitated”.
On behalf of Army, Assistant Solicitor General of India, Tahir Shamsi submitted that along with application, the Army has furnished all details required to be furnished for the improvement of the infrastructure and repairs of HAWS.
So far as the construction activity in Gulmarg is concerned, the same is the subject matter of consideration and orders in a Public Interest Litigation (PIL No. 14/2012).
The Army submitted that it had moved an application last year, and on 9 June, 2017, the BOCA of Gulmarg was directed to consider the application of the applicant within three weeks.
The army has submitted that in view of the ensuing winter season, it may be extremely difficult for it to carry out the necessary repairs and it would be huge inconvenience to the High Altitude Warfare School and the Indian Army.