SRINAGAR — The Jammu and Kashmir Government has said Shukadi, Nilgrath and Sarbal are existing villages within the notified jurisdiction of the Sonamarg Development Authority (SDA), while clarifying that the Sonamarg 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 on the legal status of the three settlements and the applicability of the Master Development Plan to them.
According to the government, the SDA 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 the availability of funds.
On the legal framework governing the Master Development Plan, the government said the SDA exercises planning and development control within its notified jurisdiction under SRO-305 dated September 11, 2003, and the provisions of the Jammu and Kashmir Development Act, 1970.
The government said the Master Plan regulates land use and development within the notified area, but does not affect the proprietary rights of private landowners.
It added that 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.
Such activities would also require permission or approval from the competent authority wherever prescribed under law.
Responding 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.
It said 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 wherever required.
The government further stated that no construction or development activity would be permitted in violation of directions or orders of the High Court or any other applicable law.
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