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India's top court orders roads for pilgrims through fragile territory

The ruling, which worries environmentalists and Muslim separatists alike, followed a summer in which 86 pilgrims died making the trek to the Amarnath cave, one of the holiest sites in Hinduism.

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The state Chief Minister Omar Abdullah has ruled out construction of any concrete road to the Amarnath cave, arguing he can fulfill the court's mandate with minimal upgrades. "Only the track will be repaired and that too after getting the necessary clearance from the Forest Department and other concerned agencies," the Chief Minister said today.

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The court decision and distrust of how the government will respond are generating outcry in the valley. Opponents of any road argue that a better solution would be to restrict the number of pilgrims. Indeed, a commission set up in 1996 to look at the problems from the crowds recommended that only 10,000 pilgrims be allowed to the cave per day.

“It is simply not possible to safely accommodate a number larger than 100,000 pilgrims during 30 day pilgrimage,” the commission had said at the time.

History leads to distrust

India and Pakistan both lay claim to Kashmir, now split along a heavily-militarized line of control. In 1989, Kashmiri separatists and Pakistani militants launched a violent uprising against Indian rule. Indian forces have extinguished the insurgency, but many Kashmiris in the Valley still protest without weapons for the right to self-determination.

Given this history, Kashmiris remain sensitive to any efforts by India to expand its writ over the region – especially control over land and its use.

A source in the Pahalgam Development Authority reveals that the pilgrimage's Shrine Board installed a temporary base camp in Pahalgam without any compensation to the Pahalgam Development Authority or locals.

“A more than 200 kanals [25 acres] of land patch has been occupied by the Shrine Board and they never paid any rent. In return, they charge locals for pitching tents or shops and earn revenue of around $9,300-11,200 every year,” says the source, who refused to be named for fear of the authorities. When the Pahalgam Development Authority wrote a letter to the board for paying rent, he says they replied: “Don’t interfere in our issues.”

Chief Executive Officer of the Amarnath Shrine Board Naveen K. Choudhary refused to comment on the Supreme Court order and the developments after it, saying: “I am not in a position to comment anything. You should talk to the government."

The separatist leaders smell a conspiracy in building roads or any structures for the pilgrimage as they believe it is India’s plan to change the demography of the region. India has been presenting the rising number of pilgrims to Kashmir as a “huge inflow of tourists” that demonstrates that peace has returned to Kashmir.

Separatist leader Syed Ali Geelani claims that the state government has already started construction in the pilgrimage area, releasing some photographic evidence.

“The Shrine Board has become a state within the state,” says Mr. Geelani. The Board, he says, should be dissolved and the caretaking of the pilgrimage should be handed over to Hindus from Kashmir, known as Pandits. “The number of pilgrims and the duration of the pilgrimage should be limited. The pilgrimage should not be used as a political weapon."

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