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2026 DAILYLAW 1629 (JK)

RESIDENTS OF ALLOCHI BAGH AND OTHERS v. UNION TERRITORY OF J AND K (HOUSING AND URBAN DEVELOPMENT) AND OTHERS

LPA/129/2026 · 2026-07-01

A, Mohd Yousuf Wani

Writ Petition (Civil)body2026

Judgment text

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Serial No. 07 REGULAR CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA 129/2026 CM(3639/2026) Caveat 1484/2026 RESIDENTS OF ALLOCHI BAGH AND OTHERS …Petitioner/Appellant(s) Through: Mr. A.M. Dar, Sr. Advocate with Mr. Danish Majeed Dar, Advocate Vs. UT OF J&K AND ORS. ...Respondent(s) Through: Mr. Ilyas Nazir Laway, GA CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 01.07.2026 Caveat No. 1484/2026 01. With the appearance of learned counsel for the Caveators, caveat stand discharged. LPA No. 129/2026 CM No.3639/2026 1. Impugned in this appeal, filed under Clause 12 of the Letters Patent is an order dated 06.06.2026 passed by the learned Single Judge of this Court [writ Court] in CM No. 3323/2026 in WP(C) No. 213/2026 titled “Residents of Allochi Bagh & Ors. Vs. UT of JK & Ors.”, whereby the writ Court has merely clarified its earlier order dated 10thFebruary, 2026 and held that there is no impediment for establishing the Sewage Treatment Plant (STP) at the proposed site. This clarification needs to be read with the order dated 10thFebruary, 2026, which for facility of reference is set out below: “In the meantime, subject to any vacation or modification upon consideration of the Arif Hameed I attest to the accuracy and authenticity of this document 03.07.2026 12:52 objections/arguments of the other side and till the next date of hearing before the Bench, the non- applicants/respondents are restrained from establishing the proposed Sewage Treatment Plant (STP) at/near Friends Colony/Allochi Bagh, Srinagar, except after obtaining and strictly in accordance with the terms and conditions of the requisite NOC’s, if any, from all the concerned departments/agencies, especially the Jammu and Kashmir Pollution Control Committee (JKPCC).” 2. Understood thus, it would mean that though the respondents are well within their rights to proceed ahead with the establishment of the STP at the proposed site, strictly as per the terms and conditions contained in the order of Consent to Establish granted by the Jammu and Kashmir Pollution Control Committee, yet they shall keep in view all the norms and regulations required to be followed in the matter to ensure that the STP does not create pollution beyond the permissible levels or cause annoyance to the neighbors. 3. With the aforesaid clarification and elaboration, we are of the considered opinion that no further directions are required to be passed. The appeal is accordinglydisposed of. (Mohd Yousuf Wani) (Sanjeev Kumar) Judge Chief Justice (Acting) SRINAGAR: 01.07.2026 “ARIF” Arif Hameed I attest to the accuracy and authenticity of this document 03.07.2026 12:52