Property to be sealed in presence of Magistrates
Mohinder Verma
JAMMU, Aug 2: The Government has finally initiated eviction proceedings against the famed Nedous Hotel in Gulmarg citing operation without a valid lease and flagrant violation of the directions of the High Court of Jammu and Kashmir.
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Reliable sources told EXCELSIOR that Gulmarg Development Authority (GDA) has served an eviction notice to the hotel management through the Estates Officer (Assistant Director Tourism). The notice, which clearly cites violation of J&K Land Grants Rules, 2022, is being enforced shortly with the hotel premises to be sealed in the presence of Executive Magistrates and enforcement teams.
“In reference to the Supreme Court of India’s dismissal of the SLP No. 28599/2018, the High Court of J&K’s order dated 06.09.2018 in OWP No.847/2015 and the subsequent letter No.TSM/Legal/15/2018 of the Department of Tourism J&K dated 11.12.2018, it is requested that the procession of Hotel Nedous, Gulmarg, which is presently under unauthorized occupation, be taken over immediately and handed over to the Gulmarg Development Authority”, read the communication issued by CEO Gulmarg Development Authority to the Assistant Director Tourism Gulmarg, the copy of which is available with EXCELSIOR.
“Furthermore, as per SO 18 of 2025 issued by the Tourism Department, Jammu and Kashmir vide notification number TSM/Estt/21/2023 dated 14.01.2025, the powers of the Estate Officer under the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988 have been vested with the Assistant Director Tourism, Gulmarg for all tourism properties within Baramulla, Kupwara and Bandipora”, the notice said.
“Therefore, you are requested to evict the unauthorized occupant and take over the physical possession of public premises—Hotel Nedous and handover the possession of property to the Gulmarg Development Authority”, the notice further read.
“This action marks a significant shift in the administration’s approach toward unauthorized occupation and commercial exploitation of prime Government land in the ecologically fragile and highly strategic tourist destination of Gulmarg”, sources said.
Nedous Hotel, one of the oldest and most prestigious hospitality establishments in Kashmir, has been operating despite the expiry of its lease and directives from the High Court emphasizing removal of unauthorized structures and encroachments from Gulmarg.
The Rule 12 of the Rules of 2022 states: “All leases (except the subsisting/expired residential leases) including lease granted under the J&K Land Grants Rules, 1960, Notified Area (All Development Authorities set in Tourism Sector) Land Grants Rules, 2007 and leases expired or determined prior to the coming into force of these Rules or issued under these Rules shall not be renewed and shall stand determined”.
“Such leases shall again be put to auction as per the provisions of these Rules and the Deputy Commissioner concerned shall be the authority for issuing the notice of auction”, Rule 12 further read.
EXCELSIOR in its edition dated July 21 had exclusively reported brazen defiance of judicial directives by the Nedous Hotel. A Division Bench of the High Court comprising the then Chief Justice Gita Mittal and Justice Alok Aradhe on September 6, 2018, exposed glaring irregularities in the hotel’s continued possession of nearly 98 kanals and 11 marlas of Government land despite the expiry of its lease in 1985.
The High Court had found that no rent had been paid since 1990 yet the property was being used for commercial gain. In its judgment, the High Court had dismissed the hotel’s plea for lease renewal, holding that the request was rejected by the Government in February 2015 and the petitioner was rightly declared an unauthorized occupant under the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988.
The DB had noted that mere deposit of rent or submission of renewal applications does not create a legal right to continue occupation. It also highlighted that public property cannot be allotted or renewed without a transparent and competitive process and emphasized that renewal of lease is a privilege not a right.
Most strikingly, the judgment revealed that Nedous Hotel had encroached beyond the original lease of just 2 kanals and 13 marlas, occupying a vastly larger portion of Government land.
The lease for Nedous Hotel in Gulmarg was renewed by a Government order dated 12.07.1963 for a period of 20 years in favour of Col Harry Nedou alias Ghulam Qadir. The lease expired on 31.12.1985 and it was never renewed thereafter.
After expiry, the petitioner continued to occupy the Nedous Hotel without any legal right after 1985. Renewal applications were submitted in 1994 and 2009 but were never accepted. A letter dated 04.02.2015 from CEO, Gulmarg Development Authority (GDA) informed the petitioner that lease renewal was rejected and eviction proceedings would follow.
The notice of eviction was served under Section 4(1) of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988 on 31.03.2015. The petitioner’s reply dated 06.04.2015 was found unsatisfactory and the eviction order was passed on 25.04.2015, declaring the petitioner an unauthorized occupant and directing vacation within seven days.
However, the petitioner filed an appeal before the District Judge Baramulla but it was returned due to pending Public Interest Litigation (PIL) before the High Court. Thereafter, writ petition was filed seeking quashing of eviction orders and placement of the renewal case before the committee formed under Government order dated 25.08.2009.
In response to the petition, the Government submitted that the lease was only for 2 kanals and 13 marlas and the petitioner encroached an additional 91 kanals. It was further submitted that the fencing of the land was demolished by authorities as per court order. Moreover, the petitioner was accused of concealing documents and misrepresenting extent of lease.
Finally, the High Court held that Nedous Hotel had no legal right to continue on the land after 1985.
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