Repairs of Gulmarg Hotels allowed
Excelsior Correspondent
Srinagar, Dec 3: High Court in a major relief to Gulmarg Hoteliers today said that expiry of lease can’t be termed as unauthorized occupation and directed the Gulmarg Development Authority (GDA) to consider their claim for repairing their structures.
The Division Bench of Chief Justice Pankaj Mithal and Justice M Akram Choudhary in this regard directed the Building Operation Controlling Authority (BOCA) of GDA to consider the application of Hotel owners for repairs and construction of their hotel buildings.
The court said the same be done in accordance with law despite the lease of these hotels is expired. “Once consideration is accorded by the BOCA/GDA, the applicants would seek the approval of the Court before implementing the permission or raising the construction, as has been directed earlier by the court”, DB said.
Court has however made it clear that the repairs and constructions would be raised at any of the land would be subject to the ultimate decision to be taken by the Government with regard to the extension/renewal of lease.
Court in view of expiry of lease of theses hoteliers has said that since the matter regarding extension and renewal of their leases is pending consideration and as they are not unauthorized occupants of the land, rather tenants by holding over, they cannot be evicted from their respective lands.
Court said despite the expiry of their lease they are not liable to be evicted unless they are paid compensation to the structures which they have raised on leased land as is laid in condition of the lease. “As such, in the meantime they may be allowed to undertake the repair work so that they may continue with their hotel business failing which they will be visited with serious civil consequences”, DB said.
Court said the matter of extension of lease of these hoteliers has bee kept in cold storage by the Government as their renewal or extension is not being considered with the result, almost all hotels are being run on land with expired lease.
Court further directed Government authorities to take a conscious decision with regard to the renewal of lease deeds which have already expired in accordance with the Policy which was in vogue when the leases were granted.
The Court expects that such a decision is taken by the UT Government most expeditiously, preferably within three months and the order of this Court will not come in way of the above decision.
Court with regard to those cases where permission has already been granted by the BOCA and has been approved by the Court but even then the applicant-hoteliers have not allowed to carry out the necessary repairs and construction only for the reason that the lease has expired, court directed the BOCA of GDA would permit such applicants to carry out repairs and constructions in accordance with the permissions granted after duly verifying the correctness of facts to repair or the construction.
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