Fayaz Bukhari
SRINAGAR, Sept 24: The State High Court today directed Gulmarg Development Authority (GDA) to take action against all illegal encroachments and take possession of the property.
The Court directed the Chief Executive Officer Gulmarg Development Authority, who was present in the Court, to take action in accordance with law and in terms of court orders against the encroachers by next date hearing of the case. “He (CEO) shall also take action in light of the two reports of the Court Commissioners”, directed the division bench of Justice MH Attar and Justice Ali Mohammad Magrey.
It made clear to the CEO that all illegal encroachments in and around the Gulmarg shall be removed before the next date of hearing. CEO has also been directed that after removal of the encroachments the possession of the encroached property be taken.
CEO GDA submitted before the court that he has taken over the charge of the post of CEO only in the month of June this year, as such he be granted some time to take action against all encroachers.
Division Bench directed him to ensure that court orders passed from time to time about removal of illegal encroachments be implemented and no illegal construction is allowed to be raised within his jurisdiction and sought action taken report from CEO in this regard by or before next date of hearing.
It may be mentioned that Court has already made it clear that if any person violates court direction and continues with the constructional activities, then GDA shall forthwith seal such structure.
Court during the proceedings of the matter observed to CEO: “We are losing everything like Dal Lake, Jhelum, Pehalgam and other tourist spots and time will come that nobody will visit the Kashmir”. Court told the CEO that enforcing of law of land against the culprits is duty of Government and “you are being paid for this from public exchequer.”
Court while expressing serious concern over the encroachments in and around Gulmarg observed to the CEO that “big persons are in illegal possession of State property and no action is being taken against them. If there would be a poor man in their place, you would throw him within seconds”.
Court also directed the Sub Divisional Magistrate and Sub Divisional Police Officer Gulmarg to extend all assistance to the CEO GDA for enforcing the law and implementing the court orders.
Advocate S A Makroo (ASGI) representing Army stationed in Gulmarg submitted before the court that the court commissioners have made recommendations for repair of internal roads and replacement of damaged water pipes for supply of drinking water to Army.
Court in this connection directed the competent authority (GDA) for passing orders in accordance with law and in light of recommendation of the court commissioners.
Court is seized of a PIL with regard to safeguarding of Gulmarg tourist spot from all encroachments which have taken place in and around the Gulmarg for the last more than two decades.
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