Read Time: 07 minutes

Synopsis

The High Court of Jammu & Kashmir and Ladakh has issued a directive to the Building Operation Controlling Authority (BOCA) in Gulmarg to swiftly act upon an application submitted by the Indian Army.

This decision emerged from a hearing presided over by a division bench comprising Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal. The court's instructions were clear: BOCA is to assess and decide on the Army's plea promptly, with an emphasis on understanding the strategic and security implications for the nation. The court emphasised that these orders should be passed "as expeditiously as possible, preferably within a month”.

Deputy Solicitor General of India (DSGI), Mr. Tahir Majid Shamsi, representing the Defence Ministry, underscored the urgency and importance of the application during the proceedings submitting that they have already approached the BOCA authorities.

Notably, the Ministry sought permission for fresh constructions and renovations within their military establishments in Gulmarg. This request came in the wake of a comprehensive ban imposed by a division bench of Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul, during the hearing of a Public Interest Litigation (PIL), on new constructions in the area, following an Order dated February 16, 2021.

The ban, initially aimed at preserving the ecological and aesthetic integrity of Gulmarg, inadvertently impacted military operations, prohibiting the Army from undertaking necessary infrastructural developments. These constructions, as argued by the defence forces, are crucial for maintaining operational readiness and the morale of troops stationed in the strategically significant region, known for its harsh environmental conditions.

The DSGI, submitted that “for the Indian Army, the military establishments at Gulmarg also acts as the lifeline for the logistics and transient movement to the forward areas which is huge in numbers and critically important for the Indian Army".

The court was requested to issue an order exempting the Army from the directives issued on the above mentioned date. The plea further sought permission for the Indian Army to continue with the maintenance and completion of existing or halted projects, as well as to initiate new constructions in the area, all in accordance with the directions of the Court. This request was made in the interest of providing logistical support to troops and in the interest of justice.

The Army's submission to the court points out the dire consequences of the construction ban, which has halted several ongoing projects managed by the Military Engineering Services and other operational works. Some of these projects were initiated as temporary measures to counter the infrastructural decay but now stand incomplete due to the judicial order. The halt has not only impeded the maintenance and upgrade of essential facilities but has also impacted the operational efficiency of the forces stationed there.

The Army has underlined Gulmarg's pivotal role in maintaining the security of the nation's borders, particularly the Line of Control (LoC). This makes the region not just a tourist attraction but a critical asset in national defence strategy. Gulmarg, known for its scenic beauty, also holds significant military importance. It houses the High Altitude Warfare School (HAWS), an elite training center where both Indian and international armed forces receive training.

The court directed, “The BOCA shall accordingly do the needful for grant of permission to the applicant-Indian Army in order to enable them to make necessary repair/fresh construction in accordance with the norms, as applicable.”

While the court disposed of the Army's application, it has scheduled a subsequent hearing for the main matter concerning the PIL related to the preservation of Gulmarg for April 1, 2024.

Case Title: MOHD RAFQI ZARGAR vs STATE OF &JK AND OTHERS