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The High Court of Jammu & Kashmir and Ladakh directed the Building Operation Controlling Authority (BOCA) in Gulmarg to act on an application from the Indian Army on 11 March 2024. The court has also granted the Army's request to repair and rejuvenate its structures in the Gulmarg tourist resort.
The directive, issued by Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal, mandates an expedited decision, ideally within a month, considering the strategic and security importance.
The application, presented by Deputy Solicitor General of India Tahir Majid Shamsi, seeks permission for new constructions and renovations within military establishments in Gulmarg. This comes after a ban on new constructions was imposed to preserve the area’s ecological integrity, which inadvertently affected military operations.
The court’s decision acknowledges the Army’s need for infrastructural development to maintain operational readiness and troop morale in the strategically crucial region. The Army emphasized Gulmarg’s role in national defense, housing the High Altitude Warfare School (HAWS), and serving as a logistical hub for movements to forward areas.
The court has instructed BOCA to grant necessary permissions for repair and construction in line with applicable norms. While the Army’s application has been addressed, the court will reconvene on April 1, 2024, for a hearing on the Public Interest Litigation concerning Gulmarg’s preservation.
The BOCA, along with the Gulmarg Development Authority, has been directed to assist the Army in its infrastructure projects, adhering to the relevant norms. The Assistant Solicitor General of India, representing the Army, confirmed that they have already reached out to the BOCA officials in Gulmarg.
The court has mandated that the authorities address the Army’s application swiftly, with a preference for resolution within a month, to uphold national security interests.
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