Excelsior Correspondent
SRIANGAR, Sept 7: High Court has sought a status report from the Government with regard to resolving the issue of declaring the big chunk of Forest land located in Gulmarg area, either into Gulmarg Bowl or as a demarcated area of Maqbooza-Janglat.
The Division Bench Chief Justice Gita Mittal and Justice Puneet Gupta sought the report from Government through its Chief Secretary to the extent of resolving the issue of the land, details of which has been provided by the Divisional Forest Officer, Special Forest Division Tangmarg in his report.
The report of DFO Tangmarg revealed earlier that 5190 kanals of land in Gulmarg is forest land and is required to be either included in Gulmarg Bowl or the Government order is required to be modified to the extent of transferring the said land as demarcated Forest Land and falling under designated wildlife area.
Government counsel B A Dar representing on behalf of Chief Secretary sought further time from the court for filing of status report on behalf of CS to the extent of resolving the issue. The said land is yet to be fenced reason being that Gulmarg Development Authority as well as Forest Department are claiming their right on the said land.
The matter as per the court direction had to be brought before the Chief Secretary who has to ensure the issue is resolved at the earliest. Authorities have to examine the illegal and unauthorized constructions in and around the Gulmarg.
It is noted that DFO in his report has shown only two encroachments done by Hotel Khyber Resorts and Hotel Castle. However, the report of Registrar Judicial who on the directions of court had visited the area as court commissioner reveals huge number of encroachments on forest as well as GDA land.
Court on the report of Registrar Judicial (Court Commissioner) said, it is serious encroachments and illegal constructions as well as destruction of trees in Gulmarg. “The allegations in the application filed by Registrar Judicial about encroachments and illegal constructions shall be taken up for consideration on next date”, the DB said.
GDA has to also submit the decision and policy with regard to expired lease properties in Gulmarg before the court and GDA is under direction to ensure that reply is filed on next date.
The issue of policy decision on expired lease as per the report of GDA was considered by the Committee under the chairmanship of Advisor of the Governor and thereafter has been forwarded to Law Department but till date the same has not been put before the court.
Court has already taken tough stand on retention and withholding of public property beyond time limit and had directed the Government to place the stand about recovery of property in Gulmarg where leases or licenses have already expired.
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