Fayaz Bukhari
Srinagar, June 12: The State High Court today directed the Gulmarg Development Authority (GDA) against any constructions on the vacant land of over 13,000 kanals in Gulmarg to safeguard its fragile eco-system.
This direction on Gulmarg Development Authority has been passed after the Commissioner-Secretary Tourism in his status report in compliance of earlier court order stated that as per the Revenue records total area of Gulmarg valley is 15,494 kanals and 13 marlas and out of which about 2,425 kanals is the built up area.
The Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey directed: “It is directed that un-built land shall not be used for any purpose and as already directed by the court, no construction shall be raised on the un-built area till further orders from the court. The State respondents and its authorities are directed to take all necessary steps for preserving the un-built area in Gulmarg Valley.”
Court in order to save the Gulmarg from further encroachments directed Commissioner-Secretary to ensure that fencing to the lease land shall be raised by the lessees within a period of four weeks and ‘one design’ of ornamental fencing shall have a universal application and more than of ‘one design’ fencing shall not be permitted by the authorities.
Court also directed the authorities not to use the land which has been retrieved from the encroachers in any manner whatsoever and it shall be protected and preserved in the present form till further order from the court.
As the Commissioner-Secretary in his report had submitted that the retrieved land (179 kanals and 19 marlas) will be utilized as per the approved Master Plan for Gulmarg which is in the process of approval from the competent authority.
In terms of previous orders of the court CEO GDA has also prepared the list of hotels and hutments which require minor repairs and renovations and in order to enable the CEO to grant permission for minor repairs and renovations court appointed Additional District Judge Srinagar for identifying and verifying the list of structures prepared by the CEO.
“We direct Jawad Ahmad, Learned Additional District Judge (Presiding Officer) Motor Accidental Claims Tribunal (MACT) Srinagar to visit the Gulmarg and report about the repairs, which are required in the light of List. The CEO GDA shall provide copy of the list and also necessary assistance as may be required by the Learned Judge for verifying the report”, court directed.
Court directed the (MACT) Judge to make recommendations to the CEO, who shall process such cases for grant of permission of repairs and renovations.
Amicus Curie to the PIL invited attention of the court to a communication of Assistant Commissioner addressed to Divisional Commissioner way back in June 2013 indicating therein that the Army is in unauthorized occupation of 175 acres, 5 kanals and 13 marlas of land.
“The Commissioner-Secretary tourism shall also inform the court about the aforesaid information and what steps have been taken in this behalf by the Government. The said information be provided before next date of hearing and respondents comply with the earlier court order and file the necessary revenue record reflecting therein the entries made in respect of the retrieved land”, court directed the authorities after submissions of Amicus.
Amicus Curie during the proceedings of the matter brought into the notice of the court that Member Secretary of PCB in his communication on June 2014 addressed to 5 hotels running in Gulmarg and issued notices to proprietors of these hotels informing them that they have failed to install STPs in the proprietary land as they had set up it on forest land in violation of the court directions.
“The Member Secretary PCB, shall file affidavit before next date of hearing indicating therein what further steps have been taken by the SPCB in pursuance of the aforesaid communication”, reads the order.
An observation was made by the court on last date of hearing that the Government shall make efforts to protect the un-built land for Gulmarg Valley and for raising further infrastructure court had observed that the construction shall be permitted outside the periphery of Gulmarg Valley. Advocate General regarding this issue and repeated observation of the court submitted that the Government is already working on this idea and Government will file appropriate response.
With regard to the issue of allowing the Snow Mobile Bikes in and around the Gulmarg area, court directed the authorities to take the decision within eight weeks whether to permit operation of Snow Mobile Bikes in Gulmarg or not. Advocate General submitted that on the basis of the advice of the experts and after evaluation of the eco-system of the Gulmarg a decision will be taken by the competent authority of the Government.
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