HC issues contempt notice to GDA for denying repair permission to HAWS

HC issues contempt notice to GDA for denying repair permission to HAWS
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Court had earlier directed for repair permissions to warfare school at Gulmarg

Srinagar: The J&K High Court Friday issued notice to Chief Executive Officer, Gulmarg Development Authority (GDA) and Chairman, BOCA (Building Operation Controlling Authority) asking why they shouldn’t be tried for contempt of court for failing to permit renovations at Army’s High Altitude Warfare School.
The court also directed that the repairs and renovations at Warfare school be allowed but the process be videotaped and submitted before court.
The court passed the order after a fresh petition by Assistant Solicitor General of India (ASGI) Tahir Majid Shamsi stated that despite court ordering state authorities to permit Army to undertake repairs and renovations of High Altitude Warfare Training School at Gulmarg, these were being “denied without any justification”.
He stated that the building of HAWS was 60-70 years old and needs repairs and renovation for carrying out training activities of soldiers “and the arrival of winter has already made hard for soldiers to carry out the activities which are required for security”.
A concerned Army Commandant told the court that they were facing hardships because of the issue and not able to carry training activities.
Taking note, the division bench of Chief Justice Gita Mittal and Justice Alok Aradhe remarked that for strengthening security system, it was imperative to deal with the matter properly.
“It is noteworthy to mention that BOCA was directed to permit the repairs within three weeks after considering the application on 27 September, 2017. Similar directions dated 27 July, 28 August, 16 November 2017 and 2nd June, 2018 were given to authorities but of no avail. The applicants in the present contempt petition have pointed extreme urgency for carrying repairs and renovations as during the harsh winter, they couldn’t make the repairs,” the court said.
“The counsel, Shamsi, has stated before court that he has already furnished all the documents before building authority and the applicants have called upon this court to proceed against the respondents for violating court orders,” the court noted.
“In view thereof, r espondents are directed to show cause why they shouldn’t be tried for contempt of court. In the meantime, it is directed that subject to the applicant maintaining a video recording of the existing structure, it is permitted to effect the repairs and renovation which it has communicated to the BOCA which applications are pending. We make it clear that in case the applicant deviate from the information which has been furnished to BOCA, no equity shall flow in favour of the applicant and the applicant would have to abide by any orders which may be necessitated,” the court ordered.
Pertinently, the court has imposed a blanket ban on all fresh constructions at the Gulmarg tourist resort.