DC forms committee to look into encroachments
Excelsior Correspondent
SRINAGAR, Dec 1: High Court today warned action against Deputy Commissioner Baramulla if there is non-compliance of court orders on the next date of hearing on retrieval of encroached land in Gulmarg. However, in the earlier HC orders there is no direction to the DC for retrieval of the land.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta warned for action against Deputy Commissioner Baramulla in case he failed to submit the ATR before the court with regard to recovery of all properties which are in illegal and unauthorized occupation including encroachments in Gulmarg tourist resort.
However, in the previous HC direction there was no mention of retrieving of encroached land. The order dated 10-08-2020 reads: “The Deputy Commissioner Baramulla shall cause a verification undertaken of the Gulmarg and submit case wise full details of the encroachment in the area.” In response the order, DC Baramulla filed encroachment details of 69 occupants.
Now in response to the new order, the DC Baramulla has constituted a committee comprising CEO GDA, SDM Gulmarg, Tehsildar Tangmarg, DFO Tangmarg, Executive Officer Municipality Tangmarg, SHO Gulmarg. The committee will work under Additional Deputy Commissioner Baramulla.
The committee will look into verification of land/assets, demarcation of land, inspection of properties in records and on spot, identification of illegal encroachment, constitution of recovery teams, calendar and modalities for recovery teams, recovery of all properties which are illegal and under unauthorized occupation, preparation of report with regard to verification, demarcation, inspection and recovery and compilation of reports and he has fixed deadline for the compliance on 15-12-2020.
HC in its order recorded: “We had passed a specific direction which has to be complied with. DC has to ensure the orders of the court are complied with and he shall file an ATR before the next date of hearing. We make it clear in case ATR is not filed as ordered above, we shall be compelled to initiate proceedings under the Contempt of Courts Act 1997 for non-compliance of our orders.”
However in one case court had ordered for retrieval of encroached land and it has been retrieved and handed over to the GDA. The land occupied by Hotel Hilltop was retrieved and encroached land which had been in unauthorized occupation of the Hotel was handed over to GDA.
On usage of chemicals resulting into dying of trees in the resort, Court said, this aspect needs to be examined by Forest Department.
Court directed the Principal Chief Conservation and Chief Conservator of Forests Kashmir Division to ensure that the matter pointing out in the report regarding dying of trees is looked into. Court directed them for physical inspection and for taking of action in accordance with law.
Court directed the registry to forward the copy of order to DC Baramulla, Principal Chief Conservator of Forests as also to Chief Conservator of Forest for ensuring compliance of direction made in the order.
The DC Baramulla has in his previous report had pointed out about 18 structures which have no lease at all while as CEO GDA gives different information to the court. Court said the Registrar Judicial of Court as Court Commissioner reveals huge number of encroachments on forest as well as GDA land.
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