Existing Landowners in Sonamarg Villages Retain Proprietary Rights Under Master Plan: Govt
Srinagar, Oct 1: KNT: The Jammu and Kashmir Government has said that Shukadi, Nilgrath and Sarbal are existing villages falling within the notified jurisdiction of the Sonamarg Development Authority (SDA), while clarifying that the Master Development Plan regulates land use without affecting the proprietary rights of private landowners.
The government made the clarification in response to a question raised by Kangan MLA Mian Mehar Ali regarding the legal status and applicability of the Sonamarg Master Development Plan to the three settlements.
According to the reply, the Sonamarg Development Authority has undertaken various development and tourism-related works in and around Shukadi, Nilgrath and Sarbal in accordance with its mandate, approved plans and subject to availability of funds.
On the legal status of the Master Development Plan, 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 Master Plan regulates land use and development within the notified area, but the government clarified that the proprietary rights of private landowners remain unaffected.
It said any 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, besides obtaining permission or approval from the competent authority wherever required under law.
Responding specifically to concerns over existing residential structures and the rights of local landowners, the government said the legitimate proprietary rights of existing landowners are recognised, subject to directions and orders of the High Court and applicable statutory provisions.
Repair, renovation or reconstruction of existing structures is permissible in accordance with applicable BOCA regulations, environmental norms and other statutory requirements, subject to prior approval or permission from the competent authority wherever required.
The government further stated that no construction or development activity would be permitted in contravention of directions or orders of the High Court or any other applicable law. [KNT]
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