Order of the High Court of Jammu & Kashmir And Ladakh regarding maintenance and repair of Army installations in Sonmarg, 24/08/2023

  • 24/08/2023

Order of the High Court of Jammu & Kashmir And Ladakh at Srinagar in the matter of Court on its own Motion Vs State of Jammu & Kashmir and Others dated 24/08/2023.

The application has been filed seeking permission of the court in the backdrop of restraint imposed by the court, to carry out maintenance and repairing works in respect of the existing structures in High Altitude Warfare School (HAWS) and other transit camps located in Sonamarg (J&K). It has been submitted that these structures require urgent maintenance and repairing before the onset of winter, which otherwise will not be possible once winter sets in and the time window is very small.

It has been submitted that these maintenance and repairing works are necessary to keep the Army troops, engaged in counter insurgency operations and defence of the country in optimum preparedness, and as such, if these maintenance/repair works are not allowed to be undertaken immediately, it will seriously compromise with the preparedness of the Army troops stationed therein and those who are in transit using these facilities.

Counsel for the applicant submits that, unfortunately, because of certain stay order passed by the court, the Army authorities are not able to execute the maintenance/repair works and accordingly, has sought permission of the court to make an exception to the army applicant, to the orders passed by the court preventing any construction work being undertaken under the jurisdiction of Sonamarg Development Authority (SDA) within whose jurisdiction these Army locations fall.

The court allowed the application by directing that the restraint order passed by the court on various dates including on March 27, 2023 will not come in the way of grant of permission by the Building Operations and Controlling Authority to the Army authorities for carrying out necessary maintenance/repairing works in Sonmarg Army installations/ locations as sought by the Army.