Jammu & Kashmir High Court - Srinagar Bench
Pahalgam Peoples Welfare Organization vs State Of J&K; And Ors on 9 October, 2017
Author: Alok Aradhe
Bench: Alok Aradhe
Serial No. 06
Regular List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
PIL No.484/2010
Date of order: 09.10.2017
Pahalgam Peoples Welfare Organization v. State of J&K and ors
Coram:
Hon'ble Mr Justice Badar Durrez Ahmed, Chief Justice
Hon'ble Mr Justice Alok Aradhe, Judge.
Appearance:
For the petitioner (s) : Mr Mohsin Qadiri, Advocate.
For the respondent(s) : Mr Jahangir Iqbal Ganai, AG, with
Mr Muzaffar Nabi Lone, GA.
i) Whether approved for reporting in Yes/No
Law journals etc.:
ii) Whether approved for publication
in press: Yes/No
01. Learned Advocate General submits that demarcation and identification with survey numbers/ Khasra Numbers etc., would be completed within ten days. He, therefore, requests that this matter be listed after ten days on this aspect.
02. There are several applications before us today, details of which the counsel shall give to this court, so that on the next date of hearing those applications will be treated as having been disposed of by the present order as under.
03. We have already made it clear on the previous occasion that, all the construction activities are to be governed by the Master Plan which shall take care of the existing structures, both in the wildlife areas and the forest areas as also the buffer zones. We had already noted that the learned Advocate General had stated that the existing structures would continue to exist in such areas but no further constructions would be permitted and only repairs and renovations may be permitted in respect of such existing structures and, that too, on applications made to BOCA, which shall examine the applications on a case to case basis and the PIL No. 484/2010 Page 1 of 3 permissions, if any, would be granted strictly in terms of the Master Plan. He has also made it clear that, insofar as the permissible areas are concerned, fresh construction would be permitted but only in terms of the Master Plan and that, too, by BOCA. Therefore, there is no need to file applications before this Court. The applications ought to be filed before the BOCA, Pahalgam. The learned Advocate General has handed over to us a notification dated 12.07.2017 bearing SRO 287, whereby the Government, in exercise of powers under the Jammu and Kashmir Control of Building Operations Act, 1988, has appointed, inter alia, the Building Operation Controlling Authority (BOCA), for Pahalgam. The said authority consists of the following persons by designation:-
1 Deputy Commissioner concerned District Chairman 2 Chief Town Planner Concerned Division Member 3 Chief Executive Officer of the concerned Member Secretary Development Authority 4 Divisional Forest Officer concerned Member 5 Divisional Head, Ecology & Member Environment Department 6 Superintending Engineer PWD(R&B) of Member concerned District
04. The BOCA for Pahalgam shall hold its first meeting to deal with all the pending applications and any further applications, which may be filed hereafter, on 23.10.2017.
05. The status report submitted on behalf of the Chief Executive Officer, Pahalgam Development Authority, dated 09.10.2017 is taken on record. We are informed that, approximately 6000 MT of solid waste were utilized for the purposes of conversion to fertilizers/ manure in the year 2015-16 and 2016-17. The said fertilizers were utilized in the various parks of Pahalgam development Authority area itself. It is further indicated that during the peak season about 561.88 MT of solid waste is generated every month. We require the Pahalgam Development PIL No. 484/2010 Page 2 of 3 Authority to indicate, exactly what is the annual, monthly and daily generation of solid waste in the area under the control of the Pahalgam Development Authority. The capacity of treating and converting the solid waste in the said area should also be indicated.
06. From the report, one gets the impression that segregation of bio-degradable and non-degradable waste is also a matter of concern in Pahalgam and is being addressed. The report indicates that approximately 74% of the solid waste is generated through hotels and restaurants. This being the case, it appears to us that segregation at the source would be easier. This is particularly so because the hotels and restaurants are clearly within the ambit of the administration through various licensing measures. We direct that the Solid Waste Management Rules, 2017 under the Environment Protection Act, 1986, be implemented in letter and spirit.
07. With regard to treatment of sewage in the Sewage Treatment Plants, we find that output appears to be within the permissible limits. However, it must be indicated as to what is the extent of sewage which is generated and whether the Sewage treatment plant, having a capacity of 2 MLD, is sufficient for the same, also taking into account the future requirement.
08. The latest status with regard to the website of Pahalgam Wild life sanctuary would also be indicated before the next date of hearing.
09. Re-notify on 24.10.2017.
(Alok Aradhe) (Badar Durrez Ahmed)
Judge Chief Justice
Srinagar
09.10.2017
Anil Raina, Secy
PIL No. 484/2010 Page 3 of 3