Excelsior Correspondent
Srinagar, Feb 13: The High Court today warned action against the officials of the Gulmarg Development Authority (GDA) and granted them final opportunity to take action against those whose lease has expired and are illegally occupying Government property.
Taking serious view on the approach of GDA, the Division Bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar before initiating action against the officials of GDA granted one more opportunity. The Court observed that the delay in taking action against those whose lease has expired in Gulmarg is against the larger interests of public.
Court while reiterating its earlier directions in this connection recorded that this issue is of serious nature as the property worth crores of rupees is being squandered by the (GDA) authorities for not taking care of the property which belonged to it.
Taking tough stand on retention and withholding of public property beyond time limit, the High Court had directed the Government to place the stand about recovery of property in Gulmarg where leases or licenses have already expired.
As the Court was about to pass harsh orders against the GDA for their lackadiaskal approach, the counsel appearing on behalf of GDA requested and persuaded the Court for one opportunity to apprise the Court about the issue on next date.
Court further observed that, on one hand, the lease of various properties has expired and, on the other, the property is in possession of lease holders and such kind of delay on party of authorities cannot be tolerated.
In case authorities would sit on the matter, court observed to GDA counsel, then there would be no option for the Court to take serious action.
Meanwhile, first part of the Master Plan for Gulmarg was placed before the Court and the authorities have been directed to put the same on public domain and ensure to upload it on official website.
Government today informed the court that first phase of recovery of land in Gulmarg from illegal occupants would start by the end of this month and would also decide the renewal of expired leases.
The SRO 580 is in place wherein the maximum period for which a lease could be granted was 40 years and no extension beyond this period is permissible and the earlier report of GDA reveals that most of the leases granted to persons have expired.
On the expiry of lease/license of the erstwhile lessee/licensee, the lessees are now in status of an unauthorized occupants within the meaning of Section 2(g) of the Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988.
Court has already recorded that it is trite that public property is held in public trust by the respondents and has to be dealt with in a non-arbitrary and transparent manner ensuring that public interest is best served.
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