Excelsior Correspondent
Srinagar, Mar 15: High Court today directed the Government to take decision to outdated lessees in the area and observed the public property is occupied illegally and Gulmarg Development Authority is not taking care of the property which belongs to it.
Expressing its deep concern on lackadiascal approach by the Government in taking action against those whose lease has expired in Gulmarg in tourist resort, the Division Bench of Chief Justice Gita Mittal and Justice Tashi Rabstan said, it is against the larger interests of public and directed the authorities to take the final decision on the issue and report the court in this connection on or before next date of hearing.
Taking serious view on the approach of GDA, the Division Bench before initiating action against the officials of GDA granted one more opportunity to them to take the decision on the issue.
Taking tough stand on retention and withholding of public property beyond time limit, the High Court had directed the Government to place the stand about recovery of property in Gulmarg where leases or licenses have already expired and the AG today informed the court that a meeting has taken place on March 7 and the decision will be taken soon on the issue.
“…Advocate General assured the court that the decision be taken positively and the same be placed before the court as such one more opportunity is granted to have the decision”, the DB said.
It is mentioned that various structures in and around the resort including Hotels and other buildings whose leases have expired and the property is since in their occupation.
Court further observed that on hand the lease of various properties has expired and on the other hand the property is seem to be in position of lease holders and such kind of delay on party of authorities cannot be tolerated.
The SRO 580 is in place wherein the maximum period for which a lease could be granted was 40 years and no extension beyond this period is permissible and the earlier report of GDA revealed that most of the leases granted to persons have expired.
On the expiry of lease/license of the erstwhile lessee/licensee, the lessees are now in status of an unauthorized occupants within the meaning of Section 2(g) of the Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988.
Court has already recorded that it is trite that public property is held in public trust by the respondents and has to be dealt with in a non-arbitrary and transparent manner ensuring that public interest is best served.
About the entry of polythene and other plastic items despite ban in the resort, Court directed the GDA to ensure that the notification about the SWM bylaws is implemented in letter and spirit.
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