Fayaz Bukhari
SRINAGAR, Oct 28: Chief Executive Officer (CEO) of Gulmarg Development Authority (GDA) today tendered an apology before the Jammu and Kashmir High Court for issuing building permission illegally and said that these permissions will be revoked.
Tendering the apology for issuing the permissions, the CEO told the Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey that he will remain alive in future to the importance of his job, duties and responsibilities and will perform his duties strictly in accordance with the court orders as well as rules, regulation and law governing the field.
The CEO who had issued permissions for repairs and renovations of structures in and around the Ski resort submitted that he was under bonafide belief that he is authorized to issue permissions and the issue need not to be placed before the Building Operations Controlling Authority (BOCA).
The court had stayed the permissions last week and CEO was directed to explain in what capacity he has issued these permission in favour of various persons including hoteliers.
The CEO apprised the court that all these permissions have been kept on hold after passing of stay order by the court last week and the position on spot is existing as it was on Oct 5 (before passing of stay order) and no construction material has been allowed towards the Ski resort.
“He (CEO) is directed to proceed in the matter strictly in accordance with law and court orders. He will also place the entire issue before the competent authority (BOCA) who shall pass order in accordance with law”, directed the court.
Court while passing the order said that it has been recorded that Gulmarg is a world famous tourist destination and it is responsibility of everyone to protect and look-after its ecosystem and environment. ”The laws have to be implemented without any discrepancy and breach”, said Justice Attar and Justice Magrey.
It may be mentioned here that the court on last date of hearing had expressed its displeasure and disapproval over the act of CEO, GDA and observed that he (CEO) is not alive to the importance of the job he has been assigned and sought his personal appearance before the court and fixed the hearing of the matter next week in view of such problem and issue.
Court previously had directed the CEO GDA, to take action in accordance with law and in terms of court orders against the encroachers and all the illegal encroachments in and around the Gulmarg and take the possession of the retrieved property by next date.
Today court directed GDA to inform the court about the seized and retrieved property. “Meanwhile, Compliance report by the respondents. In the Compliance report the respondents shall also state as to how they have dealt with the properties which stand already seized by them”, the DB order reads.
Court has already directed Sub Divisional Magistrate and Sub Divisional Police Officer Gulmarg to extend all assistance to the CEO GDA for enforcing the law and implementing the court orders.
Advocate General Jehangir Ganaie submitted with regard to the criminal case on Gulmarg land scam which is pending before the court of Sessions Judge Baramulla (Special Anti-Corruption) in which Chief Secretary was directed to what steps has been taken in the matter which pertains to vesting of ownership rights on some persons in respect of properties situated at Gulmarg.
The Court has also called the records of the Gulmarg land scam case from trial court and directed it should be tagged with the case on next hearing. “The record of the said case be called from the trial court and be tagged along with the case on next date of hearing”, DB directed the Registry.
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