SRINAGAR: The Jammu and Kashmir and Ladakh High Court has sought a response from the Divisional Commissioner, Kashmir, on concerns over the proposed industrialisation of the flood-absorption basin at Nowgam, after the Environmental Policy Group (EPG) brought the issue before a Division Bench hearing a long-running public interest litigation on Kashmir’s flood management.
The Division Bench comprising Chief Justice Dr Pushpendra Singh Bhatti and Justice Rajnesh Oswal, on September 15, took note of an affidavit filed by EPG on August 27 and observed that it raised “certain critical issues, including industrialization in the flood zone area”. The Bench directed the Divisional Commissioner, Kashmir, to file a response within one week and listed the matter for further consideration on October 29.
EPG General Council member Advocate Shafqat Nazir presented the matter before the Bench. According to the Group, his submissions drew attention to the history of the issue, the statutory planning provisions governing the Nowgam area and the implications of allowing permanent industrial construction in a zone identified for flood absorption.
The matter has been raised in PIL No. 8/2017 and connected cases dealing with flood-related issues in Kashmir.
The Group said the issue goes back to the finalisation of the Srinagar Master Plan–2035. During the concluding stages of the plan’s consideration, EPG had approached the then Governor, Satya Pal Malik, seeking protection of Srinagar’s flood-absorption areas from development.
The Master Plan was subsequently approved by the State Administrative Council through Decision No. 40/5/2019 on February 13, 2019. EPG has drawn particular attention to a modification made by the Council while approving the plan concerning the Pantha Chowk–Nowgam NH Bypass corridor.
The SAC decision specifically directed that “No development/construction activity be permitted along the NH Bypass from Pantha Chowk to Nowgam which forms a part of flood absorption basin.”
EPG says the provision has assumed renewed significance with the proposal to establish an industrial park at Nowgam. The proposed Plug-and-Play Industrial Park, estimated to cost Rs 104.02 crore and spread over about 50 acres, would entail permanent construction in an area whose role in flood management has been a matter of concern.
The Group said its objection was not to industrial development, investment or employment generation, but to the location of a major permanent industrial estate in an area identified as part of a flood-absorption basin.
According to EPG, development of such an estate could reduce the area’s natural flood-storage capacity, affect drainage and expose industrial infrastructure, workers and nearby communities to greater risks during episodes of extreme rainfall and flooding. It has also raised concerns that changes to the basin could contribute to increased flood pressure in other parts of the city.
The Group has asked that the precise location and footprint of the proposed industrial park be assessed against the Srinagar Master Plan–2035 and the 2019 SAC decision, besides historical inundation patterns, flood-storage requirements, natural drainage channels and the wider flood-management system.
EPG has advocated a “No Net Loss of Flood Storage” principle, arguing that irreversible construction should not be undertaken until the statutory, planning and hydrological status of the proposed site is clearly established.
Following the court’s direction, the Group said it expected the Government to place the complete factual, planning, environmental and hydrological position before the Bench. It said it would also place before the court the history of its representations, relevant provisions of the Master Plan, the SAC decision and material concerning the proposed industrial park.
The Divisional Commissioner’s response is now expected to provide the Government’s position before the matter comes up for further consideration on October 29.
