SRINAGAR: The Jammu and Kashmir Government has clarified that the Sonamarg Development Authority’s (SDA) Master Plan regulates land use and development within its notified area but does not affect the proprietary rights of private landowners in Shutkadi, Nilgrath and Sarbal.
The Tourism Department gave the clarification in response to a starred question raised by Kangan MLA Mian Mehar Ali in the Legislative Assembly regarding the Master Development Plan.
The Government confirmed that Shutkadi, Nilgrath and Sarbal are existing villages/settlements falling within the notified area of the SDA. It also said the Authority has undertaken various development and tourism-related works in and around the three areas in accordance with its mandate, approved plans and availability of funds.
According to the reply, the SDA exercises planning and development control within its notified jurisdiction under SRO-305 dated September 11, 2003 and the Jammu and Kashmir Development Act, 1970.
While the Master Plan regulates land use and development within the notified area, the Government said the proprietary rights of private landowners remain unaffected.
However, construction, repair, renovation, reconstruction and changes in land use must conform to the applicable Master Plan, building regulations, environmental norms and other statutory requirements. Permissions or approvals from the competent authority are also required wherever prescribed by law.
On the rights of existing landowners to repair, renovate or reconstruct their houses, the Government said such proprietary rights are recognised, subject to applicable statutory provisions and directions or orders of the High Court.
It said repair, renovation or reconstruction of existing structures would be permissible under the applicable BOCA regulations, Master Plan, environmental norms and other statutory requirements, subject to prior approval wherever required.
The Government also made clear that no construction or development activity would be allowed in violation of High Court directions or any other applicable law.
