Excelsior Correspondent
SRINAGAR, Oct 21: High Court today directed the Government to retrieve and repossess the public land in J&K which is under illegal and unauthorized occupation and encroachment by the unauthorized occupants.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta observed that the disposals of public property can be only by transparent and fair processes and persons who are under expired leases have no right to continue to do so.
“The respondents shall take immediate steps for retrieval of public land which is under unauthorized occupation and encroachment”, DB directed in general while dealing with a matter pertaining to the protection and preservation of world famous tourist resort Gulmarg.
The DB in this connection has sought an action taken report with regard to properties which continue to be in unauthorized occupation which are under the control of the Department of Tourism positively before the next date of hearing.
With regard to demarcation of Forest Land it has been brought before the court that the dispute regarding demarcation of the property is between the Revenue Department and the Forest Department. In this regard, the Minutes of Meeting held by Divisional Commissioner, Kashmir have been placed before the court.
Court has been informed that the demarcation of the public land, forest areas and land leased out has been completed and exercise has been carried out. Divisional Forest Officer, Special Forest Division Tangmarg has reported that an area of 1549 kanals 13 marlas stands transferred to the Gulmarg Development Authority and land comprising 5190 Kanals and 05 marlas are in possession of the Forest Department which is recorded as Maqbooza Janglat.
Court has been apprised that the Divisional Commissioner Kashmir is taking steps for resolution of the differences between the Forest Department and the Revenue Department in order to enable marking of the boundaries and a report in this regard has been submitted to the Chief Secretary of J&K UT.
“Let a status with regard to the demarcation be filed before us on affidavit by the CEO, Gulmarg Development Authority; the Secretary Revenue; the Secretary Tourism and the Secretary Forest. Reports will be filed under the signatures of these officers within two weeks from today”, reads the order.
On the issue of encroachments by specified hotels the Forest Department has reported encroachment of forest land of 13 marlas by Hotel Khyber Resort and 7 marlas by Hotel Castle for which notices have been issued by the DFO concerned for eviction.
Court said the reported encroachment of forest land is in violation of several orders passed by the Supreme Court of India and the National Green Tribunal and several directions passed by this court.
“Both the Khyber Hotel and Castle Hotel shall not obstruct the Tehsildar and forest authorities from visiting the properties and demarcating the land. This exercise shall be done within one week from today. A direction is issued to Hotel Khyber Resort and Hotel Castle to forthwith remove their trespasser and restore the land to the Forest Department”, DB ordered and added that the Special Forest Officer, Tangmarg, and the Tehsildar concerned shall visit on spot for retrieving the land in question.
Department of Tourism on framing of policy about expired leases informed the court that after coming into force of J&K Reorganization Act 2019 it is for the Central Government to take decision on the issue.
Court has pulled up the department for taking the shield of J&K Reorganization Act, 2019 and submitting that the Central Government has the power to adopt laws for the Government of J&K.
The DB said, that there is a valuable body of jurisprudence available on the subject in the context of leases/expired leases/rights if at all of lessees/manner of disposal and grant of rights to private persons in public properties at prime locations in Delhi including Chanakya Cinema Complex, the Taj Mahal Hotel on Mansingh Road, New Delhi, and other properties. “The public exchequer is being exposed to tremendous loss and damage by the respondents by their dilatory tactics and their failure to take action with regard to public property”, DB recorded.
Referring to various citation of Apex court, the DB said these rulings binds this Court and certainly binds the Government functionaries in their dealing with public lands, grant or renewal of leases/ licences, retrieval of public lands from encroachments.
Registrar Judicial has also pointed out encroachment by Pride Resort regarding which the Forest Department has not taken any action. Court directed the DFO and the Tehsildar to visit the Pride Resort and inform this Court about the status of this property especially encroachment of public land, if any.
Court directed the Member Secretary PCB to conduct an inspection to Hotel Khail, Hotel Pine Spring, Hotel Grand Mumtaz, Hotel Gulmarg Resort and Hotel Alpine Ridge, and find out whether STPs have been installed by these hotels and are functional for sewage treatment.
Court has been assured that essential and efficient steps for ensuring solid waste collection management and disposal would be undertaken in Gulmarg and sought a report in this regard. Court also directed the respondents-GDA to also provide the date on which the Solid Waste Management Bylaws were notified as well as the details of the fines imposed and collected by the respondents thereafter.
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