Giving land on lease basis in Gulmarg, Pahalgam
DB expresses displeasure, seeks details of encroachments
Mohinder Verma
JAMMU, Aug 19: Though nearly two years have lapsed since the J&K High Court issued explicit directives yet the Government is showing no seriousness in framing firm policy regarding grant of lease on its land in Gulmarg and Pahalgam, the two world famous tourist destinations in the Kashmir valley.
This has been viewed seriously by a Division Bench headed by Chief Justice Gita Mittal, which has now sought all the details relating to grant of lease along with the comprehensive information about unauthorized occupants and encroachments on the Government and Forest land and legal action if any taken against the encroachers.
On September 6, 2018, the J&K High Court passed a detailed judgment in a case titled Hotel Nedous Versus State of Jammu and Kashmir while rejecting the petition and had directed the respondents to consider the matter and place a firm policy regarding leases on Government land in Gulmarg.
The judgment in this case was also upheld by the Supreme Court of India in terms of the order dated November 16, 2018 after the same came to be challenged before the Apex Court. Following this, the Government of J&K was supposed to implement the directions of the High Court by framing the policy, which will also govern the grant of lease on the Government land in Pahalgam too.
However, even after the lapse of nearly two years nothing has been done by the Government as a result of which High Court’s directions have remained unimplemented.
This was viewed seriously by the Division Bench of High Court comprising Chief Justice Gita Mittal and Justice Puneet Gupta in a Writ Petition and the Civil Miscellaneous Applications, which came up for hearing recently.
“It appears that no steps have been taken by the Government and they have failed to put up anything before us in furtherance to the judgment dated September 6, 2018”, the Division Bench observed and issued directions for placing the copy of latest order before the Chief Secretary of the J&K Union Territory for necessary action.
Moreover, the Division Bench has directed the Gulmarg Development Authority as well as Pahalgam Development Authority and the Forest Department to submit details vis-a-vis Government and forest land, dates of all leases, extent of land granted in Gulmarg/Pahalgam and property leased, whether the lease is subsisting and if expired the date of expiry, date of renewal if at all, basis and amount of lease/license fee, date up to which the payment has been made and arrears if any and details of notices if any issued to the lessees.
“We would also like to be apprised about the details of unauthorized occupants and encroachment of the Government and forest land at these two places and the details in case any legal action has been taken”, the DB further directed.
It has been made clear by the DB that the details shall be filed under the signature of the Chief Executive Officers (CEOs) of these two Development Authorities, who shall certify that the same are true and correct.
“The Deputy Commissioner Anantnag and Deputy Commissioner Baramulla shall cause a verification and submit case-wise full details of the encroachments in these areas”, the DB said, adding “the reports shall be filed before August 24 after giving advance copy to the Registrar Judicial”.
The Division Bench has further directed the Deputy Commissioner Anantnag to submit a report giving a list setting out the details of the Panchayat/local authorities in which the Solid Waste Management Bye-laws have been notified.
“We shall take a serious view in the matter and would consider all the aspects on the next date of hearing”, read the orders issued by the Division Bench.
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