Excelsior Correspondent
SRINAGAR, Aug 27: The High Court today directed State Government to evict encroachers from the State land in Gulmarg and in its adjoining areas.
The court directed that Chief Executive Officer Gulmarg Development Authority shall act as Estates Officer and proceed ahead with eviction process if Government fails to evict encroachers.
The Division Bench Comprising Chief Justice MM Kumar and Justice Ali Mohammad Magrey, while hearing a Public Interest Litigation on saving the Gulmarg from encroachment and pollution, directed the Government to exercise its powers and issue notification for appointing CEO GDA as Estates Officer within one week.
“We direct that the Government of Jammu and Kashmir through Tourism and Culture shall issue notification in exercise of powers appointing the CEO GDA as Estates Officer for exercising powers to him within Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988. In other words notification shall be issued on or before September 4”, said Court.
“In case Government fails to issue notification keeping in view of the past experiences, the present incumbent to the post of CEO shall act as Estate Officer and proceed to exercise power under various provision of the act including Section (2) of Sub-Section 5 of the Act”, directed the Court.
The direction was issued after the court raised query to counsel for the GDA Advocate Mohsin Qadri that why till date action has not been taken against the violators and encroachers despite court direction. He replied that the CEO Tufail Ahmad Matoo has been transferred and earlier notification was issued to him for confiscating powers which notice cannot be adhered to by the new CEO.
In terms of previous directions status report by CEO GDA was filed in tabulated form highlighting therein various categories of encroachers.
Perusal of the list depicts that one land lease holder the owner of Needos Hotel was given land on lease to the extent of 2 kanals and 10 marlas and the 98 kanals of land in excess has been found in his possession.
“A show cause notice under Section (1) of Section 4 of the Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988 was issued to all the persons. Some of them have replied and the others failed to reply. Those who failed to reply have been issued eviction notice under Section (2) of Sub-Section 5 of the Act within in the period of 21 days by CEO which has expired ‘but no action has been taken thereafter”, said the bench.
In respect of the categories of encroachers, who have filed their replies to show cause notices and their responses have been sent to law department for legal advice.
Court on delaying tactics in taking action against the encroachers and violators, adopted by the authorities observed: “We are unable to appreciate the stance by the CEO taken before the court. It is more than clear to us that a deliberate attempt is being made to buy time. So our impression stand fortified because notice under Section (1) of Section 5 and again the notices were repeated.”
The earlier CEO, Estate Officer had passed eviction orders and the time given was 21 days whereas statutory time frame provided in seven days under Section (4) of Section 5. “These are facts which show that the CEO is not operating with the provisions of the Act”, observed the court.
Court warned the CEO for his negligence on his part and granted him one more opportunity to take action against the encroachers.
“Therefore we direct the CEO to put his house in order failing which we have to initiate criminal contempt proceedings against him. We grant him one last opportunity to take steps against the encroachers and violators on or before next date of hearing”, reads the court order.
Court has been apprised by Advocate General MI Qadri about status report filed by PCB in response to earlier direction of court. “The details with regard to the hotels have been made available about various cities like Srinagar, Pahalgam, Gulmarg, Sonmarg, Jammu Katra, Patnitop and other towns Ramban, Kupwara, Doda, Kishtwar etc.”
“A casual glance at the reports furnished regarding installation of STP in category A has been undertaken at the efforts made by PCB. In respect of category B hotels, efforts are made to ensure that the septic tanks are in place in the hotels which has less than 19 rooms. However, the task is far from completion. In Katra, under category A hotels, there are 104 hotels and only 58 have installed STP”, reads the court order.
Court directed for more efforts from PCB for installation of STPs, septic tanks and soakage pits in hotels falling under category A, B and C respectively.
“We feel more vigorous efforts are required to be initiated by the PCB ensuring installation of STPs where number of rooms is 20 or more. In category B, PCB has to ensure that septic tanks are in place where number of rooms are less than 20”, Court directed and sought latest status report.
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