Excelsior Correspondent
Srinagar, Aug 27: The High Court has directed the Government to resolve the issue of declaring big chunk of forest land either Gulmarg Bowl or as demarcated Maqbooza-Janglat and directed the encroachers to remove their encroachments on the said land.
The direction has been passed by the Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta after the Divisional Forest Officer, Special Forest Division Tangmarg in his report divulged before the Court that 5190 kanals of forest land is required to be either included in Gulmarg Bowl or the Government order is required to be modified to the extent of transferring the said land as demarcated forest land and falling under designated Wildlife area.
Government counsel representing Forest department submitted before the court that the boundary pillars have not been installed on account of dispute raised by the Revenue authorities for the reason that first the declaration of the Forest Land as Maqbooza-Janglat is necessary as GDA as well as Forest Department are claiming their right on the said land.
“Let this matter be brought before the Chief Secretary who shall ensure that this issue is resolved at the earliest and a report be placed before us with regard to declaration of the forest land before the next date of hearing”, the DB directed
Court has also directed the Forest Department to examine the response filed by advocate Hakim Suhail Ishtiaq to the report with regard to illegal and unauthorized constructions pointed out by him in and around Gulmarg.
DFO, in his report, has shown only two encroachments by Hotel Khyber Resorts and Hotel Castle but the report of advocate Ishtiaq filed on behalf of Registrar Judicial who has recently on the direction of court visited the area as Court Commissioner reveals huge number of encroachments on forest as well as GDA land.
Court on the report of Registrar Judicial (Court Commissioner) said, the matters report by the Registrar Judicial are of serious encroachments and illegal constructions as well as destruction of trees in Gulmarg.
DFO has informed the court that notices have been issued to the encroachers. Court has observed since no notice has been brought before the Court and said such encroachments of the forest land would be in the teeth of law as laid down by the Supreme Court.
Court directed the owners of Hotel Khyber and Hotel Castle to remove the encroachments forthwith from the forest land. “We make it clear that this direction is without prejudice to all the consequences which flow against these encroachers under all applicable laws”, the DB reiterated.
It also directed the GDA through its counsel M A Chashoo (AAG) to depute any officer in place of CEO GDA for submitting the decision and policy with regard to expired lease properties in Gulmarg before the Court. GDA counsel submitted before the Court that the reply on the issue of expired lease could not be filed by the CEO GDA as he has tested positive for COVID-19 and is in quarantine. “…the respondents shall ensure that another officer be authorized to file the reply by or before August 31”, the DB directed.
The issue of policy decision on expired lease as per the report of GDA was considered by the Committee under the chairmanship of Advisor of the Governor and thereafter has been forwarded to law department but till date the same has not been put before the court.
Court has already taken tough stand on retention and withholding of public property beyond time limit and had directed the Government to place the stand about recovery of property in Gulmarg where leases or licenses have already expired.
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