The menace of land encroachment is difficult to be eradicated. We have taken up this issue umpteen times in these columns but the ground situation by and large remains what it has been for several years. In one of our recent editorials, we had dealt with the land encroachment case in the world famous tourist resort of Gulmarg. It appears that little rather no progress is made in this particular case. Somehow one finds that the Law Officers, too, are not interested in pursuing eviction of encroached land.
The main problem is of rank corruption among the revenue functionaries, big business houses, political connected mafia, powerful bureaucrats and politicians. The State High Court has been hearing a PIL in which the applicant pleads for stopping raising of structures illegally at Gulmarg tourist complex and vacating the encroachments. The court has taken a serious view of the case stating that this being the world famous tourist spot should not be allowed to be spoilt by individuals who have self aggrandizement It is sad that instead of nourishing aesthetic taste so as to maintain pristine purity of the entire tourist complex of Gulmarg, these selfish people are out to grab whatever portion of land they can. It is not true that the Government is helpless in evicting illegal encroachment and raising of structures. There are powerful elements in the Government that are directly or indirectly involved in these illegal activities. When we say that Government functionaries are not sincere in pursuing the encroachment cases, it obviously means that they are in league with the persons involved. This is a sad commentary on law enforcing agencies.
In a recent hearing of the case, the Divisional Bench ordered constituting a committee headed by the Divisional Commissioner to visit the spot in Gulmarg where illegal construction is alleged to be made and submit a detailed report within three days from the issue of order. Earlier, the court had directed the District magistrate and SSP to provide all assistance to the CEO of Gulmarg Development Authority in stopping further construction or repairs of the structures illegally raised in Gulmarg. Court’s standing orders are that if a person violated the court order, the Gulmarg Development Authority will seal the property. Evidently, the court has taken a serious view of Government’s failure to prevent encroachment of land or illegal constructions and repairs etc. and was obliged to take some drastic measures when dealing with the public interest litigation. In a sense this is an aspersion on the functioning of government authority. When judiciary is obliged to perform the duties of executive, it is a sign of malfunctioning of the executive in some services and needs to be corrected. Gulmarg is a well-known tourist spot. If the Government is serious in promoting tourism as an important economic factor for the State then the task is not only that of exploring new tourist spots and developing them but also of maintaining the beauty and originality of the spots that are already functional. The tourism department has to be decisive on preservation of ecology and environmental purity of the famous tourist spots like Gulmarg, Pahalgam and the rest of them.
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