pedestrians and other for the horses/ palkis, near the shrine to be implemented by the Pahalgam Development Authority.
• Improvement of existing track from Panjtarni to Holy Cave as per the preliminary details presented in Annex. – 4 to be implemented by the Pahalgam Development Authority.
• Proposal of Pahalgam Development Authority to improve the track from Chandanwari Base Camp to Panjtarni.
9.5.4 While it would have been an ideal situation if it were possible to complete the upgradation works before the commencement of the Yatra 2013, the SHPC is conscious of the fact that a two month working period would be available in the current year, after which the entire area would be snow bound/inaccessible. Furthermore, in 2013 also, very little time would be available for carrying out works after the snows melt around mid to end June, and till the time the Yatra commences.
It is also to be kept in view that, at some places, areas under forests, wildlife sanctuaries or eco-sensitive zones may be involved, and clearances under relevant protection/conservation laws may be required, which may also take time. The SHPC, therefore, recommends early implementation of these works with as much as possible progress during the current working season and before the commencement of next Yatra (2013) and ensuring that these are completed before the working season of 2013 is over. The State Government should provide the required funds for the above listed four works. Wherever clearances are required under the related Environment laws, the matter should be processed on a time bound basis by all concerned authorities, to ensure the completion of all the aforesaid works before the end
of October, 2013.
9.6 OTHER PUBLIC AMENITIES
9.6.1 For Yatra 2012, Temporary Transit Camps had been set up for the overnight stay of Yatris at Qazigund and Mir Bazar (Anantnag District) and at Manigam and Yangoora (Ganderbal District). If these facilities are placed on a firm footing and suitably upgraded, they can be profitably utilised to meet the growing demands of tourism, and for other suitable purposes, before and after the annual Yatra. The SHPC recommends that all required facilities, viz. shelter, toilets, water, power supply, etc should be provided at the aforesaid and other Transit Camps before commencement of Yatra 2013.
9.6.2 The Department of Telecommunications should be moved to take all necessary steps for providing inter-connectivity in the Yatra area so that the Yatris having non-BSNL mobile connections do not face any difficulty during Yatra 2013.
9.6.3 For Yatra 2013, the number of Automatic Weather Stations should be augmented to cover Chandanwari, Pahalgam and Baltal and a Doppler Radar should be set up at IMD Campus, Srinagar, on urgent basis as this facility will be able to provide accurate weather forecasts round the year in the entire Valley.
9.6.4 The State Government has provided funds to the State Public Health Engineering Department for laying underground water supply lines at Baltal Base Camp. This work should be completed before the commencement of Yatra 2013.
9.6.5 The State Animal Husbandry Department should register only an, assessed number of ponies to ensure against overcrowding on the tracks. Likewise, the Labour Department should assess the number of Palkis/Dandis to be allowed to operate on the tracks, route-wise, every year.
9.6.6 While noting the useful arrangements which are being assisted/ provided by the various concerned State Government Departments for the smooth conduct of the annual Yatra, the SHPC is of the view that the Yatra requirements require to be reviewed from time to time. In this context, the SHPC notes that the High Level Committee (HLC), which is convened by CEO, SASB, and chaired by State Principal Secretary Home, has served a useful purpose in 2012 and recommends that the HLC should continue to function, to overview the problems of future Yatras, with similar or modified terms of reference, as may be necessary. The HLC should prepare an Annual Action Plan, immediately after the Yatra is over, which clearly indicates the gap to be filled, the implementing agency, requirement of funds and the time frame for implementation. The SHPC also recommends that all the recommendations made by this HLC in 2011 be fully implemented before the commencement of Yatra 2013.
9.6.7 A Committee to be chaired by the concerned District Magistrate should be set up to grant permissions for the setting up of tents and shops at each Camp location, taking into account the overall availability of space, the number of tents/shops which are required to be set up, ensuring that the tents, beddings etc are of the specified quality/standard.”
18. The learned counsel appearing for the parties have made submissions and suggestions, while taking the above report to be the very foundation of their submissions. In other words, attempts were made before the Court to
improve upon the recommendations in order to make them more effective.
One of the points, on which submissions were made before the Court related to improvement of medical facilities. Firstly, it was suggested that each State in the country should identify the medical institutions/hospitals, run by or under the control of the State Governments, to issue ‘health certificates’ upon examining the persons who are desirous of going for yatra to the Holy Cave in the future. Secondly, it was suggested that specified medical officers of these hospitals should be required to give the said health certificates. Lastly, the States, particularly the
neighbouring States like, Haryana, Punjab, Himachal Pradesh, Rajasthan and Uttar Pradesh, should be requested to send teams of doctors on temporary duty to the State of Jammu & Kashmir to be posted at Srinagar, Baltal or en
route to the Holy Shrine. It will be desirable that such team of doctors be acclimatized before being deputed to the higher altitudes. It is suggested that they ought not to be posted at very high altitudes.
Deployment of the medical teams at Panchatarni, Baltal and Srinagar and enroute to the Shrine shall serve the interest of health care and public interest. We make it clear that deployment of medical teams en route should be at regular distances, with a gap not exceeding two kilometres. There shall be greater number of doctors from the State of Jammu and Kashmir that should be deployed at and around the holy Shrine and they shall be provided with complete equipment, medicines and all other infrastructure to ensure rendering of proper medical assistance to the people who suffer from any health issue at that point. These issues, to some extent, have been discussed in the report of the SHPC. However, we are only clarifying their final aspects.
19. The passages or the walking tracks, besides being widened require rough surface so as to prevent slipping and falling of the pilgrims. It is conceded before us that presently the width of the track is very less to accommodate palkis, horses and pilgrims moving at the same time. More often than not, jams are noticed which spread over furlongs. The uncertainty of weather, exposes the pilgrims, particularly, the pedestrians, to rain, chilly winds and sudden fluctuations in temperature and thus they fall ill. Due to high altitude, many of them also suffer
from hypoxia. Thus, there has to be a regular width of the track which in any case should not be less than 12 feet and may be wider than that if so recommended by the Committee concerned. These tracks should duly provide protection or any other support towards the open sides. It may by iron grills, supporting walls etc. as may be considered appropriate by the Committee. This may include realignment of the passage, construction of
retaining wall/railing. We must not be understood to have ordered directly or indirectly, construction of any motorable mettled road in place of walking tracks. However, we hasten to clarify that it is not only
improvement of the road at critical portions but the entire track needs to be improved, particularly from Panchtarni to the Holy Cave.
20. STPs are intended to be constructed at various places, particularly at Baltal. We were informed that the clearance from various departments is awaited. However, the learned Advocate-General appearing for the State of Jammu Kashmir had informed us that the matter is pending in the High Court of Jammu and Kashmir and they will be able to get permission for raising construction shortly. We make it clear that all Government departments shall fully coordinate and grant such permissions as are required in accordance with law and expeditiously. We further make it clear that pendency of any proceedings before the High Court would not come in the way
of construction of
