Excelsior Correspondent
Srinagar, Sept 4: High Court today said that the occupants of Government land in Pahalgam have failed to produce documents in support of legality of their occupation and directed for immediate action against them for illegally occupying the Government land.
The Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta after perusal of report of Pahalgam Development Authority (PDA) notifying occupants of the Government land to submit their documents including leased papers in support of legality of their occupation but they have failed to produce any documentation in support of their claim on the land and directed or immediate action against them.
“It, therefore, has to be assumed that these persons do not have any documentation in support of the legality of the occupation and that they are unauthorized occupants of the Government land without any legal right to occupy the same”, DB said.
DB directed that the action against these illegal occupants shall immediately commence and report in this regard be placed before the court on next date of hearing. CEO PDA in his compliance report has given the details of the Government land, Forest land and Wildlife land within the jurisdiction of PDA which is comprising of 18 villages and amongst it 518 Hectares are Government land, 4341 is Forest land and 2725 is under Wildlife.
Court has also been informed that 599 Kanals of Government land stands transferred to PDA and has been fenced and developed into recreational parks, parking places etc. PDA has also acquired 297 kanals of proprietry land and 208 kanals maize farm from SKUAST Kashmir, for expansion of the 9-Hole Lidder Valley Golf Course into 18-Hole Golf Course, occupying the total area of 1186 kanals of land.
PDA has also given details of leases from 1935 with encroachments, subsisting of lease and expiry of lease, date of renewal, etc as was directed to PDA on previous date. Court after this detail provided by the PDA said, it discloses a terrible state of affairs.
Court observed that it appears from these details that the records of PDA are in shambles as well. Court has been informed that the matter was placed on 8th board meeting of PDA in 2017 under the chairmanship of the then Chief Minister and it was decided that the Deputy Commissioner Anantnag will furnish a detailed report to Government for place the matter before the cabinet for decision.
Court has been informed that despite repeated reminders no action has been taken by the DC. PDA as directed has also given the details of encroached land in which Government land comprising 222 kanals are encroached by hotels, huts, residential houses and agriculture land and 2470 kanals of Forest land. However, no details of occupants and action taken against them has been mentioned before the court.
With regard to managing the solid waste, PDA has expressed its difficulty in managing the same on account of overlapping jurisdiction. Court said management of solid waste is a municipal function and all over the country is undertaken by the municipal committees and corporations.
This jurisdiction, court said, has to be clearly demarcated and assigned in Pahalgam as well and the waste management shall be undertaken as per the provisions of the SWM bye-laws and report be filed before the court. Court had also sought policy from the Government regarding expired leases but the same has not been submitted to which the court granted further time.
Court directed the PDA to undertake marking and fencing boundaries of Government land, Forest land and Wildlife land so that further encroachments are prevented. Court has directed for placing the Court order before the Chief Secretary in view of seriousness of the problem.
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