PIL for protection and preservation of Pahalgam tourist resort
DB Grants two weeks time to file response if any Stadium is being constructed within the prohibited area
JKUT (Srinagar), July-13-2021-( JNF):- In a Public Interest Litigation regarding protection and preservation of Pahalgam tourist resort, A Division Bench of Jammu & Kashmir High Court Comprising Chief Justice Pankaj Mithal and Justice Sanjay Dhar on the application filed by Mohammad Akbar Wani and 3 others praying that the construction of a Stadium on the banks of Lidder Nallah be directed to be stopped inasmuch as it is in contravention of the order of this court dated 18th December 2014 which puts a blanket ban on construction within a radius of 200 meters of River Lidder on either side, directed AAG MA Chasoo to seek instructions and file response if any Stadium is being constructed, if so, whether it is within the prohibited area within two weeks.
When the PIL Came-up for hearing, Division Bench observed that Pahalgam Peoples Welfare Organization has preferred this Public Interest Litigation basically for quashing of the Master Plan 2005-2025 prepared by the Pahalgam Development Authority and for its revision. The petitioner has also claimed for the completion of the investigation pursuant to FIR No. 27/2008 in accordance with the J&K Prevention of Corruption Act 2006 against the respondent Nos. 6, 7 and 8.
The order dated 31st March 2021 reveals that pursuant to the aforesaid FIR, investigations were completed and charge sheet was submitted against respondent Nos. 6 to 8, but the charge sheet so submitted has been quashed by the High Court and the matter is now sub-judice before the Supreme Court.
DB observed that in view of the above, the said order mentions that the relief with regard to the completion of the investigation pursuant to the aforesaid FIR does not survive any longer and as such need not be considered and monitored.
DB further observed that in regard to the quashing of the Master Plan 2005-2025, it is stated in the order that a new and revised Master Plan 2015-2032 has been enforced, the prayer in that regard has also come to an end inasmuch as the Master Plan 2005-2025 has ceased to exist.
DB observed that in view of the above, the only thing which remains to be considered in this PIL was regarding the action taken by the authorities for the purpose of cancellation of the fake and fraudulent gift deeds which were allegedly manipulated by the officers.
DB observed that M. A. Chashoo, AAG appearing for the Pahalgam Development Authority submits that the appropriate action in accordance with law has been taken for the cancellation of the effect of the said gift deeds and that the mutation entries in that regard has been reversed and grants two weeks’ time to bring on record the relevant orders passed by the authorities concerned for changing the revenue entries.