S. No. 07

Regular list

IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

PIL 484/2010

c/w

CPCR 5/2011

Pahalgam Peoples Welfare Organisation

…Petitioner(s)

Through: None

Vs.

State of JK and Others

...Respondent(s)

Through: Mr. Ilyas Laway, GA

CORAM:

HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE

HON’BLE MR JUSTICE MA CHOWDHARY, JUDGE

ORDER

27.12.2022

1. On the last date of hearing there was no representation on behalf of

the petitioner. Today also, when the case was called out nobody

turned up on behalf of the petitioner to represent the petitioner.

2. In this petition the petitioner has essentially challenged the Master

Plan 2005-2025 issued by the Pahalgam Development Authority

on the ground that the same was against the interest of inhabitants

of the area and not in public interest.

3. Mr. Ilyas Laway, learned GA appearing for the respondents

submits that the Master Plan which is impugned in this petition is

no more in vogue and has been replaced by new Master Plan

Pahalgam 2023. In view of the aforesaid, this petition on the face

of it is rendered infructuous and perhaps because of this reason

there is no representation on behalf of the petitioner.

4. In view of the above, this PIL is closed with a direction to the

respondents to ensure that the construction in the Pahalgam area is

done strictly in accordance with the new Master Plan and steps be

taken by the respondents to remove the illegal encroachments, if

any, by following due process of law. The petitioner shall also be

at liberty to point out individual violations and seek appropriate

remedial measures as may be permissible under law. So far as the

renewal of the expired and subsisting leases are concerned, we are

told that new Rules under the Land Grants Act, 1960 have been

promulgated

and

those

Rules

shall

govern

all

those

matters/structures which were also raised during the course of this

PIL.

5. In view of the closure of the proceedings in the PIL, the contempt

petition as well as other connected CM(s) shall also stand disposed

of.

(MA CHOWDHARY) (SANJEEV KUMAR)

JUDGE

JUDGE

SRINAGAR

27.12.2022

“Mir Arif”