Excelsior Correspondent
Srinagar, Oct 27: The High Court today heard a batch of petition pertaining to lease rights of hotels in Gulmarg tourist resort to some extent and kept the matter for further consideration tomorrow.
The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal heard the arguments from Sr. Advocates R A Jan and Syed Faisal Qadri with regard to lease rights of the hotels situated in the resort.
It is noted that the court has already held the matter of public importance and observed the issue involves the public exchequer as such kept the matter for further consideration tomorrow.
Both the Senior counsels have buttressed their arguments on the amendment of the basic Act as also the SO of 2022 by virtue of which legislative powers have been delegated to the Central Government to make adaptation and modifications to law as specified in the schedule of the Act.
The amendment as also the SO of 2022 has been challenged in a batch of petition by the aggrieved hoteliers on the ground that by virtue of Section 96 of the Reorganization Act has delegated legislative powers to the Central Government whereby the executive is conferred with such authority to make adaptation and modifications to law as specified in the schedule of the Act with the stipulated time period of one year from the appointed date.
The counsels appearing on behalf of the hoteliers while advancing their arguments, contended that the impugned legislative action of delegating the powers of the legislature to the Central Government is excessive in nature and beyond the constitutional realm.
“The operation of section 96 legislative powers have been expressly granted to the Central Government in pursuance of which the amendments in the Land Grants Act have also been carried into effect and any deviation there form renders the validity of section 96 of the Act as ultra vires the constitution”, read one of the grounds taken by the hoteliers.
The hoteliers prayed that section 96 of the J&K Reorganization Act 2019 and the orders passed thereunder be declared as ultra vires to the constitution and the J&K Adaption of State Laws 2020 to the extent of amendment in Land Grants Act 1096 be declared as unconstitutional and illegal.
It is noted here that Rule 12 of in the amendment of Land Grants stated that after expiry of lease, such leases shall again be put to the Auction as per the provision and the Deputy Commissioner shall be the authority for issuing the notice of Auction as per Form-II.
The Gulmarg Development Authority (GDA) in the month of November, 2019 had admitted that before the court that most of the leases have expired and rent for several properties have not been recovered and till date the authorities at the helm of affairs have failed to deal with the illegal occupants of public property and the court had taken tough stand on retention and withholding of public property beyond time limit.
The SRO 580 of 1977 in vogue at that time also revealed that the maximum period for which a lease could be granted was 40 years and no extension beyond this period is permissible and the status report of CEO revealed, that most of the leases granted to persons have expired and even ground rent has also not been received from the lessees.
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