Excelsior Correspondent
SRINAGAR, Aug 12: The owner of Nedous Hotel after failing to make out the case against its eviction has sought withdrawal of the case which the court permitted and dismissed the plea as withdrawn.
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The counsel appearing for and on behalf of the petitioner hotel continued his remaining arguments in order to convince the court for some sought of relief. But the court was not inclined to pass any kind of relief compelling the petitioner to withdraw the case.
Meantime, the tehsildar concerned was reprimanded by the court for making a report in the month of March this year mentioning there 91 kanals are on lease to the Nedous hotel. The court while pulling up the tehsildar as to where from he had gathered the information. “Didn’t you see the revenue records before making such report”.
The counsel for the hotel after arguing the matter made submission for withdrawal of case by submitting that the petitioner has submitted a representation before the authorities for consideration of his grievance as such he wants to withdraw the case.
The notice under challenge has been issued by the Commissioner Secretary Revenue Department and on August 2 under J&K Public Premises (Eviction of Unauthorized Occupants) Act, whereby the petitioner-Hotel Nedous has been directed to vacate the premises of hotel in question.
The hotel owner also challenged the order dated 4.8.2025 whereby the physical possession of the said hotel has been handed over to the Chief Executive Officer (CEO) GDA.
It is noted that the lease was only for 2 kanals and 13 marlas and the petitioner encroached an additional 91 kanals.
The said lease, however lapsed in 1985 and was never renewed. The J&K Government formally rejected the renewal plea in 2015 resulting in multiple litigation before the courts of law including High Court.
The eviction has taken place in reference to the Supreme Court order as also the order of High Court on 06.09.2018 and the subsequent letter of the Department of Tourism J&K dated 11.12.2018, wherein it is requested that the procession of the hotel be taken over immediately and handed over to the Gulmarg Development Authority.
Nedous Hotel, was operating despite the expiry of its lease and directives from the High Court emphasizing removal of unauthorized structures and encroachments from Gulmarg. On brazen defiance of judicial directives passed by the division bench on September 6, 2018, exposed glaring irregularities in the hotel’s continued possession of nearly 98 kanals and 11 marlas of Government land despite the expiry of its lease in 1985.
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