Jammu & Kashmir High Court - Srinagar Bench
Syed Iqbal Tahir Geelani vs State Of J&K And Others on 30 October, 2025
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
HIGH COURT OF JAMMU & KASHMIR AND LADAKH 2020:JKLHC-SGR:8172-DB
AT SRINAGAR
Uploaded on 11.11.2025
CJ Court
PIL No. 159/2002
along with connected matters
Syed Iqbal Tahir Geelani ...Petitioner(s)/Appellant(s)
Through: Mr. Z. A. Shah, Amicus Curiae with
Ms. Ahra Syed, Adv.
Mr. Shuja Ul Haq, Adv. In CM Nos. 1234/2025
&5647/2025
Mr. Haris Khan, Adv. vice
Mr. Sajad Ahmad Mir, Adv.
Mr. A. H. Naik, Adv.
Mr. Syed Faisal Qadiri, Sr. Adv.
v/s
State of J&K and others .... Respondent(s)
Through: Mr. Mohsin Qadiri, Sr. AAG in
(CM No. 3588/2024)
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER
30.10.2025 CM No. 5647/2025:
1. This application has been filed by the National Highways Logistics Management Limited (LHLML) for placing on record certain documents which are material and essential for just determination of CM No. 1234/2025 pending disposal before this Court.
2. For the reasons stated in the application, the same is allowed. The documents annexed with the application are taken on record, subject to all just exceptions.
3. CM stands disposed of.2
2020:JKLHC-SGR:8172-DB CM No. 3588/2024 and CM No. 1234/2025
4. In essence, the issues raised in these applications, are common, as in CM No. 3588/2024, the applicant-Vice Chairman, J&K Lake Conservation and Management Authority, has sought for issuance of appropriate orders/directions for permitting the Building Operations Controlling Authority (BOCA) to reconsider the case for development of Ropeway Project from SDA Parking area near Zabarwan to Shankaracharya Temple in Srinagar, whereas in CM No. 1234/2025, the applicant-National Highways Logistics Management Limited (NHLML) has sought issuance of appropriate orders/directions qua relaxation of the restrictions imposed by this Court on all types of constructions within 200 metres from the fringe of Dal Lake.
5. It is stated that initially, this Court in the PIL No. 159/2002 had placed restrictions on raising any type of construction within 200 metres from the fringe of Dal Lake vide order dated 19.07.2002, however, later modified the earlier directions vide order dated 08.09.2022 to ensure the sustainable development of the area. It is further stated that the Memorandum of Understanding has been entered into by the National Highway Authority of India through NHLML with the Government of Union Territory of J&K through Roads and Building Department for development, implementation, construction, operations and maintenance of identified Ropeway Projects and other innovative transport system aimed at decongesting the urban & the hilly areas and creating connectivity to tourist locations for sustainable PIL No. 159/2002 Page 2 of 9 3 2020:JKLHC-SGR:8172-DB and environmental friendly development by controlling pollution, minimising land acquisition issues, reducing Carbon footprints etc.
6. In terms of Memorandum of Understanding, the Government of Union Territory of J&K has to procure and provide land required for Ropeway Projects and address any removal/rehabilitation issue etc. Besides, it is also provided that the Government of J&K shall facilitate approvals, relevant clearances, and permissions relating to Union Territory/Central Government. It is further stated that the applicant-NHLML has taken up the matter with all the concerned authorities of the Union Territory of J&K and issues relating to land; environmental clearances etc. have been resolved, but the only impediment, which is causing hindrance for development of Ropeway Project as mentioned above, is the ban imposed by this Court with regard to any construction activity up to 200 meters range from the fringe of Dal Lake. It is stated that the project is a Central Government sponsored project aimed at improving connectivity and promoting tourism. The project would not in any manner either cause direct or indirect pollution to the „Dal Lake‟, as special care has been taken with regard to the environmental issues in the area and in fact, the project is environmental friendly, eco sustainable and would lead to reduction in the use of vehicles to the hills of Shankaracharya Temple. The applicant- LCMA in its application has stated that the BOCA in its 133 rd meeting held on 28.03.2024 did not approve the proposal because of prohibition imposed by this Court in respect of raising construction of permanent structures PIL No. 159/2002 Page 3 of 9 4 2020:JKLHC-SGR:8172-DB within 200 metres from the fringe of Dal Lake. The applicant has placed on record the feasibility report of the project.
7. Mr. Mohsin Qadiri, learned Sr. AAG has submitted that because of directions issued by this Court in respect of raising of any permanent structure within 200 metres from the fringe of Dal Lake, the BOCA could not grant permission to the project and as such, the applicant-Lake Conservation and Management Authority has approached this Court for reconsideration of the case before the BOCA for development of above mentioned project. He has further submitted that the project in question could not be approved, primarily, because of the ban imposed by this court. He has also submitted that but for the directions issued by this court, the applicant would not have approached this court through the medium of this application, as other observations made in the decision of BOCA can be taken care of at appropriate levels.
8. Mr. Shuja Ul Haq, learned counsel for the applicant-NHLML has vehemently argued that the Ropeway Project is the prestigious project that would not only boost tourism, but reduce Carbon footprints as well.
9. Heard and perused the record.
10. A perusal of the record reveals that Eighteen Ropeway Projects have been approved in the Union Territory of J&K, under Parvatmala Project including Shankaracharya Ropeway.
11. The applicants have also placed on record the feasibility report prepared by JV Bernard-Salzmann Consultants. It is contention of the applicant that the project would be environmentally friendly and result in reduction of PIL No. 159/2002 Page 4 of 9 5 2020:JKLHC-SGR:8172-DB "Carbon footprints". The Coordinate Bench vide its order dated 08.09.2022 considering the necessity to balance the needs for sustainable development and economic prosperity of the area issued the following directions:
(a) The orders passed in the matter, starting from dated 19.07.2002 expressly prohibited new construction work and/ or even carrying of building material in and around 200 meters from the periphery of Water Bodies/Dal. The only exception provided was for the purposes of grant of permission for the repairs and renovation of the existing buildings/structures falling within 200 Meters of the Water Bodies/the Dal Lake.
(b) The Master Plan 2035, subject to the outcome of the present proceedings, relaxes the 200 meter limit, by defining Buffer Zones of 20 to 100 meters from the periphery of the concerned water body, depending on the area concerned. The manner of utilization of lands in the buffer zone is categorized as for the purposes of Parks and Gardens in the Master Plan 2035. The efforts made by this Court and by the various authorities involved in the preservation of Dal Lake cannot be put to naught. However, there is still need to ensure the preservation of this crown jewel and the prohibition contained in our order dated 19th July 2002 with respect to constructions within 200 meters of the periphery of Dal Lake shall continue to hold the field that is the buffer zones for Dal Lake in the Master Plan 2035 shall be read to be 200 meters. However, with respect to other water bodies identified in the Master Plan 2035, we clarify that the prohibition on construction contained in our order dated 19th July 2002 shall stand modified to the extent that the prohibition shall apply in terms of the distances/buffer zones identified by the Master Plan itself.
(c) The land use ascribed to the term "Parks and Gardens" ranges from, play fields and floricultures nurseries, to amusement parks and swimming pools. Whereas it is appreciated that the same is aimed at preserving the natural beauty and ecology of the area while opening avenues of sustainable development, we feel, that many of these uses would require construction of a permanent nature, but developments and constructions in this ecologically sensitive area may negate any progress made in the past 20 years by the efforts of the authorities concerned and this Court. Given the same, it is clarified that no new permanent construction shall be allowed in these Buffer Zones.
(d) Authorities may continue to consider grant of permission for the repairs and renovation of the existing permanent buildings/structures falling within such Buffer Zones in accordance with law. The meaning of the term repairs and renovations also need PIL No. 159/2002 Page 5 of 9 6 2020:JKLHC-SGR:8172-DB to be examined. Many buildings remained in a state of disrepair for long periods. Some have also borne the brunt of the devastating floods in 2014 other disasters through the last 20 years. It is therefore clarified that where plinths have been existing prior to the orders passed by this Court on 19.07.2002, there shall be no barrier on any extent of repair, renovation or even reconstruction of such buildings to ensure that the structures are safe and in compliance with building bye-laws. Fresh and new construction of permanent structures apart from the existing plinth would remain prohibited.
(e) Development in the Buffer Zones of the concerned water body except the Dal area may be allowed in accordance with the Master Plan 2035, subject to the condition, that no fresh construction of a permanent nature (apart from repair, renovation or reconstruction of existing plinths as on 19.07.2002) shall be allowed in these areas. Structures of a temporary nature, such as tents, kiosks, floating jettys, or other such structures that can be erected without harming the surrounding areas may be allowed for utilization of such lands. This would only be apposite, keeping in mind that 20 years have elapsed since the restrictions were imposed.
(f) In the past 20 years, many advancements have been made in terms of materials available and in terms of techniques to establish eco-friendly structures that may enhance the development of the area rather than cause harm to it. We may notice at this juncture that the Government of India, Ministry of Tourism (H&R) Division has issued "Guidelines For Project Approval and Classification of Tended Accommodation". Various forest areas like Ranthambore, Kanha National Park and the like, today provide tented accommodations and wooden log structures of a temporary nature for lodging and resort purposes. Such measures have not only brought a sustainable balance between livelihood tourism and ecological preservation to such areas but have also increased the prosperity of the inhabitants. The Master Plan 2035, we feel has failed to take advantage of these advancements. On the other hand, the Master Plan 2035 envisages use of the Buffer Zones for amusement parks, aquariums and swimming pools - that not only require construction of a permanent nature would have a drastic impact on the beauty of the waterfront and the lakes, surroundings. Utilization of the buffer zones for swimming pools, amusement parks, theme parks and the like, would also envisage high footfalls and consequent impact on the area in terms of waste disposal, littering, pollution etc. Given the same the authorities, while considering such applications should be mindful and impose appropriate conditions on such projects so that the activities do not hamper or interfere with the earlier orders passed by this Court with regard to the upkeep of the lakes/water bodies. On the other hand, proposals for residential projects, alternate projects, such as camping resorts having tents similar to those permitted and PIL No. 159/2002 Page 6 of 9 7 2020:JKLHC-SGR:8172-DB employed in forest areas, hotels or dwelling units consisting of temporary nature, temporary jett‟s for water sport centres, and other eco-friendly tourism initiatives, which can be established and achieved through existing permanent buildings and or temporary structures that are not harmful to the surroundings should be read as a part of permissible uses in the buffer zones. Placing some of the houseboats on land adjacent to the Dal Lake, may also reduce the burden on the lake while preserving livelihoods and traditional tourism experience without need for any permanent constructions or structures and shall also be considered a part of permissible uses in the buffer zones. In fact, such initiatives should be encouraged to ensure that the policies not only preserve but sustainably develop and improve the area and these shall be considered permissible use of the areas in the Buffer zones. Wherever, permissions, or sanctions, or change in user, may be required to operationalise such projects, the same shall be also be considered in accordance with law by the concerned authorities and should not be rejected merely on the distance criterion. In fact, such applications should be utilized by the authorities that the persons interested in the projects are obligated to carry out landscaping, afforestation works, creation of local employment, lake cleaning and dredging works for the betterment and sustainable development of the area.
(g) Any permissions granted for utilizations of such land shall ensure compliance with the norms relating to STPs, sewage disposal, landscaping and afforestation with local trees and vegetation such as Chinaar, etc., that form the subject matter of earlier orders passed by this Court.
(h) We clarify that this order shall supersede and be in modification of all earlier orders passed by this Court in the present proceedings.
12. In the order, the Coordinate Bench of this Court has, in fact, stressed upon the sustainable development of the area so as to ensure that proper balance is maintained between the needs to preserve and maintain Dal vis-a-vis development of the area. With the technological advancement, the sustainable development can be ensured without causing any damage to the environment more particularly the Dal Lake. It is the contention of the applicant-NHLML that the construction of such project would lead to reduction in Carbon footprints and we find substance in the same as in the event of coming up of this project, but of course after obtaining all the PIL No. 159/2002 Page 7 of 9 8 2020:JKLHC-SGR:8172-DB requisite permissions/NOCs under the relevant laws, it would lead to reduction of the vehicular movement which would not only be beneficial to the environment but also would be helpful in preserving the wildlife in the area. It needs to be mentioned that in the feasibility report placed on record by the applicants, it is stated that it is the responsibility of the developer, which in the instant case is NHLML, to comply with the requirement of numerous legislations meant for preservation of protection and preservation of Forests & Wildlife and prevention of Air, Water and Noise Pollution. The details of those legislations are as under:
A. The Forest (Conservation) Act, 1980.
B. The Indian Wildlife Protection Act, 1972.
C. The Water (Prevention and Control of Pollution) Act, 1974. D. The Air (Prevention and Control of Pollution) Act, 1981. E. The Water (Prevention and Control of Pollution) Cess Act, 1977. F. The Municipal Solid Wastes (Management and Handling) Rules, 2000. G. Hazardous Wastes (Management, Handling & Transboundary Movement) Rules, 2008 as amended in 2010.
H. The Noise Pollution (Regulation and Control) Rules, 2000. I. Environmental Impact Assessment (EIA) Notification, 2006. J. Environmental Impact Assessment (EIA) Notification, 2022.
13. In the application filed by NHLML, it is stated that two towers T1 and T2 falls in Traffic and Transportation [Parking] use, whereas Projects T4-T6 falls in Medium High-Density Zone-X. This Court is only concerned with the ban imposed on raising permanent construction within 200 metres from the fringe of Dal Lake and for the other regulatory/statutory compliances/approvals/clearances, the applicant has to obtain the requisite NOCs/permissions, as such taking into consideration that the project is in PIL No. 159/2002 Page 8 of 9 9 2020:JKLHC-SGR:8172-DB public interest, we deem it proper to permit the BOCA to consider the application of the National Highways Authority of India for the construction /development of Ropeway project from SDA Parking Area near Zabarwan to Shankracharya Temple, notwithstanding the ban imposed by this court with regard to raising of construction within 200 meters of the fringe of the Dal Lake, but of course, in accordance with law.
14. The applicant-NHLML shall inform the Court about the compliance of all the statutory/regulatory compliances/approvals and place on record of this Court all the necessary approvals/permissions before starting the project on spot. We make it clear that any observation made by this Court with regard to project in question, is restricted to the disposal of these applications only and this order shall not be cited or relied upon by any authority for the purpose of granting statutory/regulatory approvals or NOCs. Further, the disposal of these applications shall not exempt the applicant- NHLML/NHAI from obtaining all the necessary statutory/ regulatory approvals/ permissions/ NOCs.
15. Accordingly, these applications are disposed of and the applicant-
NHLML/NHAI is further directed to file the status/compliance report in respect of directions issued in para-14 of this order on the next date of hearing.
16. List on 09.02.2026.
(RAJNESH OSWAL) (ARUN PALLI)
JUDGE CHIEF JUSTICE
Jammu:
30.10.2025
Rakesh PS
PIL No. 159/2002 Page 9 of 9