Srinagar, Sep 30 (KNO): The Jammu and Kashmir government has clarified that Shutkadi, Nilgrath and Sarbal villages/settlements fall within the notified area of the Sonamarg Development Authority (SDA), with development activities in these areas governed by the applicable Master Plan and statutory regulations.
The government, as reported by the news agency—Kashmir News Observer (KNO), made the clarification in a written reply to a question raised by Kangan MLA Mian Mehar Ali regarding the Master Development Plan for the Sonamarg area.
According to the Tourism Department, the Sonamarg Development Authority has undertaken various development and tourism-related works in and around Shutkadi, Nilgrath and Sarbal in accordance with its mandate, approved plans and subject to availability of funds.
On the legal status and applicability of the Master/Development Plan in respect of privately owned or proprietary land and residential properties in these villages, the government said the SDA exercises planning and development control within its notified jurisdiction in terms of SRO-305 dated September 11, 2003 and provisions of the Jammu and Kashmir Development Act, 1970.
The government said that the Master Plan regulates land use and development within the notified area, while the proprietary rights of private landowners remain unaffected. However, all development, construction, repair, renovation, reconstruction or change of land use must conform to the applicable Master Plan, building regulations, environmental norms and other statutory provisions.
It further said such activities are subject to obtaining permission or approval from the competent authority wherever required under law.
Regarding existing landowners, the government said their legitimate proprietary rights are recognised, subject to the directions and orders of the High Court and applicable statutory provisions.
“Repair, renovation or reconstruction of existing structures shall be permissible in accordance with the applicable BOCA regulations, the Master Plan, environmental norms and other statutory requirements,” the reply stated.The government, however, clarified that no construction or development activity shall be permitted in contravention of the directions or orders of the High Court or any other applicable law.
The Jammu and Kashmir High Court has previously directed that fresh construction in the Sonamarg Development Area should not be undertaken, while renovation or repair is subject to prescribed permissions and court directions.
The reply was signed by the Minister In-charge, Tourism Department, and Under Secretary to the Government, Tourism Department—(KNO)