Excelsior Correspondent
SRINAGAR, June 3: Jammu and Kashmir High Court today directed the Gulmarg Development Authority (GDA) to pass orders of eviction against encroachers of State land in tourist resort of Gulmarg in North Kashmir.
The JDA had already issued show cause notices to these encroachers and they had approached the Court for relief by challenging the show cause notices.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey directed the GDA for passing of orders of eviction against the petitioners. The Court asked the GDA to follow the procedure strictly established by law and notwithstanding issuance of impugned notices.
The court has also directed the State Government to inform the court by June 10 about the measures to be taken for protection of the land that was retrieved from encroachers in famous ski resort of Gulmarg.
The bench after perusal of compliance report of Chief Executive Officer Gulmarg Development Authority and submissions of Advocate General directed the Commissioner Secretary Tourism Department to file an affidavit indicating the steps taken for safeguarding the retrieved land of famous tourist resort for further encroachments.
“Commissioner Secretary Tourism is directed to file an affidavit before the next date indicating therein as to how and in which manner the retrieved land is to be protected by the State Government and what steps would require to be taken in this behalf, shall also be highlighted in the affidavit. He shall also inform the court about the total area of Gulmarg Valley and how much area as on date is built-up area”, directed the Court.
The direction to the Government has been passed after Advocate General while intervening during the course of proceedings submitted before bench that in order to preserve the ‘scenic beauty’ of world famous tourist spot “appropriate decision is required to be taken in consultation with the experts for fencing of the retrieved land.
Court also sought an affidavit from the CEO GDA before next date detailing out whether all the encroachments have been removed and possession taken by the GDA. It also directed him to indicate in his affidavit the details of those persons who were in illegal occupation of the State land. “How much land was encroached upon or was in their occupation and how much land has been retrieved and possession taken thereof”, affidavit of CEO must indicate.
CEO in its compliance report stated that the retrieved land could not be fenced because of thick snow cover. “And for removing further encroachments notices have been issued to those who are in unauthorized possession and occupation of the State land”, reads the compliance report.
Court also directed CEO to file a detailed report about the applications received from the hoteliers or other persons for permission of repairing the hotels and huts. It sought a detailed information from the CEO about the nature of repairs and stand of GDA for grant of permission to them for repairing their structures as the AG submitted that some minor repairs are required by the private sector or in Government sector to make these accommodation suitable for tourists.
Court reiterated its earlier directions and directed the GDA not to permit raising of any construction till the new Master Plan is brought into existence with further direction to CEO to inform the court about the necessary entries about the retrieving of land which have been made in the revenue records.
The court was hearing a PIL relating to removing the illegal encroachments and illegal structures in and around the Gulmarg area to save its ecology and environment from all pollutions.
With regard to snow bikes which are in operation in Gulmarg and against their operation a petition was filed stating therein that their operation is hazardous to the environment of the area as these bikes are emitting a lot of monoxide and may destroy the ecosystem of the area. AG is directed to assist the court whether snow bikes shall prove harmful for the ecosystem at Gulmarg.
“In view of the stand taken by the PCB in its reply affidavit that the operation of snow bikes are not known to the board , learned AG sought time to assist the court”, says the bench.
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