J&K and Ladakh High Court Seeks Response on Nowgam Flood Zone Industrial Park Concerns

Division Bench Flags Urgent Environmental Issues, Directs Divisional Commissioner to File Reply

A public interest litigation concerning the proposed industrialisation of a critical flood absorption basin in Srinagar has taken a significant turn, with the High Court of Jammu & Kashmir and Ladakh directing the Divisional Commissioner, Kashmir, to respond to urgent environmental concerns raised by an advocacy group.

The Core Concern: A Park in a Protected Flood Basin

The case revolves around the ₹104.02 crore Plug-and-Play Industrial Park, planned over 50 acres at Nowgam under the Central BHAVYA scheme. The park is intended to boost horticulture, food processing, and digital services. However, the petitioner, Environmental Policy Group (EPG), contends that the chosen site falls squarely within the Pantha Chowk–Nowgam stretch of the National Highway Bypass—an area explicitly protected from development under the Srinagar Master Plan-2035 .

According to EPG, the Master Plan, approved by the State Administrative Council, mandated that no construction be permitted along this belt, which serves as a natural flood absorption basin. Instead, the plan envisioned a biodiversity park or willow forest—a traditional veeriwaar —without earth filling.

"Critical Issues" Demand Immediate Attention

In an order dated September 15, 2026, a Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhatti and Justice Rajnesh Oswal noted the gravity of the affidavit filed by EPG. The Court observed:

"The affidavit raises certain critical issues, including industrialization in the flood zone area, which would require an immediate response from the Divisional Commissioner, Kashmir ."

The Court directed the Divisional Commissioner to file a response within one week, scheduling the next hearing for October 29, 2026.

EPG's Comprehensive Objections and Proposed Safeguards

Beyond the location itself, EPG has raised detailed planning and hydrological concerns. The group argues that permanent construction in the flood basin could undermine floodwater storage capacity, disrupt natural drainage, and endanger lives and infrastructure during heavy rainfall. It pointed to severe waterlogging in July 2026, which flooded homes, shops, and even the ground floor of the Civil Secretariat, as a stark warning.

EPG has asked the Court to maintain status quo at the site and has demanded that authorities produce the exact cadastral boundaries of the project overlaid on the protected zone. It has also called for an independent hydrological assessment to evaluate the site's flood-storage and flood-conveyance functions.

The petitioner has urged the government to formulate an Integrated Jhelum Basin-Urban Resilience and Flood Management Programme and to conduct a technically independent hydraulic audit of the Jhelum River, including mapping of historical cross-sections, bed-level changes, silt deposits, and constricted reaches. The group advocates for a principle of " No Net Loss of Flood Storage ," arguing that flood basins are not vacant land but natural public infrastructure that cannot be treated as surplus for urbanisation.

What Happens Next?

The Court did not issue a status quo order at this stage but has clearly signalled the seriousness of the issues by demanding a swift administrative response. The ball is now in the Divisional Commissioner's court to explain the legal and planning basis for proceeding with the industrial park in a designated flood zone.

The matter is likely to be closely watched, not only for its implications on the Nowgam project but also for its potential to set a precedent for flood-plain protection and climate-resilient urban planning in the Kashmir Valley.