Jammu June-16-2023:- A Division Bench of the Jammu & Kashmir and Ladakh High Court at Sringar Wing Comprising Chief Justice N. Kotishwar Singh and Justice Moksha Khajuria Kazmi allowed the Government raising only temporary structures meant for the convenient transit of the Yatris/Pilgrims, which structures shall be liable to be demolished on completion of the Yatra by restoring the earlier position in the field. Accordingly, the aforesaid order dated 27.03.2023 passed by this Court is modified only for the aforesaid limited period only till the conclusion of Amarnath Yatra of this year.
When the petition came-up for hearing, Division Bench observed that the matter pertains to important environment issues relating to preservation of Sonamarg. Before we consider any modification to the order passed by this Court on 27.03.2023, we have to keep in mind that any construction or renovation may have serious implication for preservation of the environment and ecology of Sonamarg.
Accordingly, DB post the matter after vacation for consideration.
DB further observedthat however, considering the fact that Amarnath Yatra is going to commence on 01.07.2023, in order to facilitate and provide convenient provisions and facilities for the large number of pilgrims who are going to visit Amarnath, which is also for a limited period, as prayed for by learned counsel for the respondent, we allow raising only temporary structures meant for the convenient transit of the Yatris/Pilgrims, which structures shall be liable to be demolished on completion of the Yatra by restoring the earlier position in the field. Accordingly, the aforesaid order dated 27.03.2023 passed by this Court is modified only for the aforesaid limited period only till the conclusion of Amarnath Yatra of this year. Learned Amicus submitted that two important departments namely, J&K Forest Department, and Department of Wild life should be heard before any decision is taken by the Court.
DB is also of the view that since they are important stakeholders in the preservation of environment at Sonamarg, they are directed to file their responses and submit their views in this PIL and if already submitted, they shall update the status of their response. JNF