Jammu & Kashmir High Court - Srinagar Bench
Court On Its Own Motion vs State Of J&K & Ors on 24 May, 2022
Bench: Chief Justice, Moksha Khajuria Kazmi
S.No.28,29,30,
31,32
Suppl. List
IN THE HIGH COURT OF JAMMU AND KASHMIR & LADAKH
AT SRINAGAR
CJ Court
Case: PIL no. 404/2011
CM no. 2058/2022, CM no. 2328/2022,
CM no. 2438/2022. CM no. 8192/2021 & CM no. 697/2022
Court on its own motion ....applicant(s)
Through: Mr. S. N. Ratanpuri, Advocate
v/s
State of J&K & ors. ...respondent(s)
Through: Mr. Ilyas Laway, GA
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
24.05.2022 CM no. 2058/2022 & CM no. 697/2022 The applicants Ghulam Ahmad Magrey and two others have moved an application seeking direction from this Court upon the Sonamarg Development Authority to entertain their application for grant of permission to carry out necessary repairs/renovation of interiors/exteriors on the two Huts constructed on eight kanals of land under Survey No. 191 and 192 min situated at village Sonamarg, Tehsil Gund, District Ganderbal.
The petitioners allege that construction of two Huts was carried out by them with due permission of the Sonamarg Development Authority, but now the same requires extensive repairs for which the application of the petitioners is not being entertained on the ground that the matter relating to Sonamarg is pending consideration in a Public Interest Litigation before the High Court.
2
Similar is the application (CM no. 697/2022) of Ghulam Mohammad Wani who wants to carry out necessary repairs/renovation of interiors/exteriors, boundary wall, façade etc. on the two Huts constructed on six kanals of land under Survey No. 192 and 195 min situated at village Sonamarg, Tehsil Gund, District Ganderbal.
The Sonamarg Development Authority is the Authority constituted for the development of the Sonamarg. It has the jurisdiction to entertain the applications and grant permission as for the construction purposes, therefore, it cannot straightaway decline to entertain any application, moreso in view of the order passed by this Court dated 22.10.2020 passed in PIL no. 404/2011.
In view of the above, CM nos. 2058/2022 and 697/2022 are disposed of with the direction to the Sonamarg Development Authority to entertain the applications, if any submitted by the applicants, seeking permission for repairs/renovation of the existing Huts and to deal with the same in accordance with law and the orders passed by this Court from time to time. CM no. 2328/2022, CM no. 2438/2022 CM no. 8192/2021 Learned counsel for the applicant, Haji Mohammad Ahsan Wani, is directed to supply copies of these applications to Shri Ilyas Laway, learned counsel appearing for the Sonamarg Development Authority. He may file response to these applications within a period of two weeks.
Notice of the CM no. 2328/2022 may also be issued to Iqbal Bakshi and another with whom the applicant was having dispute allegedly finally settled now up to the High Court. He may also file response to this CM. 3
Notice of the CM no. 2438/2022 may also be given to the petitioners in OWP no. 1464/2016. They may file response to this CM.
The private effective party may also be informed and supplied with the copy of CM no. 8192/2021 who may also file response.
All pending applications and the PIL no. 404/2011 be listed on 5th August, 2022.
(MOKSHA KHAJURIA KAZMI) (PANKAJ MITHAL)
JUDGE CHIEF JUSTICE
Srinagar
24.05.2022
YASMEEN, PS
YASMEEN RASHID
2022.05.26 06:13
I attest to the accuracy and
integrity of this document