Excelsior Correspondent
SRINAGAR, Oct 16: Government today informed the Court that first phase of recovery of land in Gulmarg from illegal occupants would start by the end of this month and it would decide the renewal of expired leases.
Taking tough stand on retention and withholding of public property beyond time limit, the High Court had directed the Government to place the stand about recovery of property in Gulmarg where leases or licenses have already expired.
At the very threshold of the matter today, the Advocate General sought some time with regard to status of recovery of leased property in Gulmarg. He submitted before the division bench of Chief Justice Gita Mittal and Justice Alok Aradhe that Government would start the first phase of recovery of land by the end of this month and next phase would start in June 2019.
Besides this, he also informed the Court that a meeting was scheduled today to discuss the renewal of expired lease agreements for those whose leases have expired and the same has till date not been renewed.
Court while hearing PIL on protection and preservation of tourist resort Gulmarg granted eight weeks time after the submission of AG with regard to the recovery of the possession of the property where leases/licenses have expired.
The direction was passed after the court’s attention was drawn to SRO 580 wherein the maximum period for which a lease could be granted was 40 years and no extension beyond this period is permissible and a status report filed by the authorities revealed that most of the leases granted to persons have expired.
On the expiry of lease/license of the erstwhile lessee/licensee, the lessees are now in status of an unauthorized occupants within the meaning of Section 2(g) of the Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988.
GDA is also supposed to inform the court with regard to the amount which the lessee/licensee were required to pay towards the grant of leases and the status of the payments by the lessees in a tabulation form as directed.
Court has already recorded that it is trite that public property is held in public trust by the respondents and has to be dealt with in a non-arbitrary and transparent manner ensuring that public interest is best served.
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