Bilal Bhat
July 4 2024 : Beyond government’s claims to have launched a tirade against corruption in Jammu and Kashmir, over 500 structures have been raised in Yener, Awoora, Dhawatoo and the areas which don’t come under the jurisdiction of Pahalgam Development Authority. In a brazen violation its affecting the ecosystem in Pahalgam, indicating deep rooted corruption within the enforcement agencies.
Since the PDA chief Tariq Hussain led a crusade against the violators which come under the jurisdiction of PDA, after this tightening of noose, the violators are looking for safe heavens in the areas which don’t fall under PDA.
According to a source reckless construction without fear being carried out though some are being given “NOC’s” , by the BDO, VLW secretary Panchyat, revenue themselves to carry out illegal construction at will.
In sptember 2023, a grievance was lodged by this reporter to ascertain the construction being carried in or around the Awoora forest belt but the same was denied by the forest officials.
Top sources revealed to Awami Reporter that among these 500 illegal constructions that include hotels, restaurants, shops and business complexes, there are many that belong to people who have political affiliations. The government has so far failed to act against them. These constructions start from Apple Valley up to the buffer zone in Pahalgam.
Out of these 500 illegal structures, the report compiled by Awami Reporter after extensive ground survey found that most of them are illegally constructed. Locals alleged that the construction has been going on in a buffer zone and even the wildlife department has failed to protect these protected buffer zones in their jurisdictions.
In some areas Illegal constructions which have been raised on agricultural land without seeking permission to convert change of use of the same. Even Awami Reporter found that some people have grabbed either forest land or state land for the same purposes.
Under the leadership of Deputy Comissioner Anantnag Mr Syeed Fakhrudin Hamid deputed a team and sucvessfully led few demolition drives recently but more such drives would be needed to seized such illegal activities in the area.
Surjeel Ahmad a new SDM posted in Pahalgam accepted that illegal constructions are being carried out in Pahalgam and has already started a drive against them
“We have already compiled a list and will further go on demolition drive like we carried out recently. From my end there zero tolerance against illegal structures. People who have information should help us in charring out this work.
When asked about the involvement of officials from Tasil, BDO or Panchayat he assured action would be taken against anyone who is found guilty in taking bribery or concealing information about the same.
“I’m checking on whether any of my men is involved strict action would be taken aginst him. I won’t tolerate corruption in my tenure being at the hem of affairs I would take whatever necessary action I can as per law,” he assured.
We tried to reach out the forest officials in Awoora but found them absent like earlier. Reminiscent to our September 2023 visit, the official hut of the forest official was locked pointing towards how careless they would be in performing their duties.
Ironically , regarding deviations and excess plinth areas of the constructions, most often the VLW’s and Panchayat secretaries, and Patwaris, (all responsible for issuing residential permits,) are not as effective that they will set the parameters for the building. Therefore, due to an ambiguous permission in place, people construct whatever they wish, in the absence of given setbacks.”
However, the High Court of Jammu and Kashmir, in a vide Notification No. 391, dated 05-10-2015 ordered that “all buildings, (within Pahalgam) whether residential or commercial, shall have adequate setbacks, as may be defined. No building shall be built abutting the road without any setback.”
Surprisingly, there are some constructions that are five stories high, prima facie commercial, beyond 6,000 sq.ft., i.e. way too excess than the standard 1100 sq. ft. residential house in Kashmir.
Moreover, even if it’s residential in nature, the houses as well must be constructed under Master Plan Pahalgam, 2023 — as dictated, time and again, by the honorable High Court of Jammu and Kashmir.
In the context of the commercial buildings at Pahalgam, the hotels and guest houses must be constructed under set rules, because they are mandatory in nature and serve to protect buildings against fire, earthquake, noise, structural failures, and other hazards. Structural integrity is of paramount nature in Kashmir, given that the valley falls in seismic zone V and is immensely prone to earthquakes. Further, as mandated by National Green Tribunal Act, 2010 (“NGT Act”) and Construction & Demolition Waste Management Rules, 2016, commercial constructions have to ensure compliance with various regulations including (i) Topography and natural drainage, (ii) Adoption of water conservation methods, (iii) Management of sewage/wastewater, (iv) Solid waste management, (v) Green cover, (v) Air and Noise pollution, and Power supply etcetera.
In the context of Pahalgam, due care must be taken, given that the area is highly eco-sensitive. The famed tourist spot is also home to the Overa- Aru wildlife sanctuary which is spread over 425 square kilometres and was notified on March 19, 1987. The forests of Overa-Aru sanctuary are blessed with several lakes and glaciers, which happen to be invaluable sources of water, feeding numerous streams that flow down into the villages situated near the periphery.
Many of these constructions fall close to the protected area and therefore, the construction must also conform with the Tourism Master Plan guidelines as applicable.
