Excelsior Correspondent
Srinagar, Aug 11: The High Court today refused to grant any relief to the Hotel Nedous at Gulmarg challenging eviction notice and the order of taking over possession of the hotel issued by the Gulmarg Development Authority (GDA).
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The notice under challenge has been issued by the Commissioner Secretary Revenue Department and on August 2 under J&K Public Premises (Eviction of Unauthorized Occupants) Act, whereby the Hotel Nedous has been directed to vacate the premises of the hotel in question.
The owners of the hotel also challenged the order dated 4.8.2025 whereby the physical possession of the said hotel has been handed over to the Chief Executive Officer (CEO) GDA. The senior Counsel Z A Shah argued before the division bench of Chief Justice Arun Palli and Justice Rajnesh Oswal that the authorities have passed fresh eviction order after 10 years when such an order was issued against the hotel way back in April 2015 for that a summary procedure under ‘The Public Premises Eviction Act’ is required to follow however under the fresh eviction order the whole process has been culminated within a period of 25 days.
He argued that the authorities cannot be permitted to pass order of eviction under challenge after a decade while relying upon the earlier documents as the impugned order is devoid of any justification for such a belated action and summarily relies upon the earlier process more particularly when the authorities are accepting rent and applications for renewal of lease from the petitioner since 1994.
He apart from seeking quashing of eviction order and taking over possession also prayed that the authorities be directed to handover the possession of the hotel to the petitioner-hotel forthwith or in alternative authorities be directed to pay compensation to towards the cost of building along with all attached property in the form of movable as well as immovable in terms of J&K Land Grants Act.
The counsel representing GDA while defending the eviction as well as taking over possession of the hotel submitted that mere deposit of rent or submission of renewal applications does not create a legal right to continue occupation. It also highlighted that public property cannot be allotted or renewed without a transparent and competitive process and emphasized that renewal of lease is a privilege not a right.
It was further added that the lease was only for 2 kanals and 13 marlas and the petitioner encroached an additional 91 kanals.
It is noted that the hotel with its attached property is spread over nearly 98 kanals and 11 marlas and has been in possession of the predecessor of the present owner since 1963 on the execution of lease by and between the owner and GDA.
The said lease, however, lapsed in 1985 and was never renewed. The J&K Government formally rejected the renewal plea in 2015 resulting in multiple litigations before the courts of law including High Court.
The eviction has taken place in reference to the Supreme Court order as also the order of High Court on 06.09.2018 and the subsequent letter of the Department of Tourism J&K dated 11.12.2018, wherein it is requested that the procession of the hotel be taken over immediately and handed over to the Gulmarg Development Authority.
Nedous Hotel, was operating despite the expiry of its lease and directives from the High Court emphasizing removal of unauthorized structures and encroachments from Gulmarg. On brazen defiance of judicial directives passed by the Division Bench on September 6, 2018, exposed glaring irregularities in the hotel’s continued possession of nearly 98 kanals and 11 marlas of Government land despite the expiry of its lease in 1985.
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