Excelsior Correspondent
SRINAGAR, Nov 13: As the Gulmarg Development Authority has admitted that most of the leases have expired and rent for several properties have not been recovered, the High Court today sought decision and Action Taken Report by next date of hearing.
The Division Bench while taking tough stand on retention and withholding of public property beyond time limit, directed the Government to put the decision and Action Taken Report with regard to expired leases and recovery of rent before the court.
The CEO GDA, in his status report, with regard to the leases of different properties in Gulmarg, said that the most of the leases have expired and even ground rent for several properties of earlier lessees has not been received.
In this connection, the SRO 580 1977 which says the maximum period for which a lease could be granted was 40 years and no extension beyond this period is permissible and a status report of CEO revealed that most of the leases granted to persons have expired and even ground rent has also not been received from the lessees.
As per the said SRO 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.
After these facts, Advocate General informed the Court that a meeting of the highest level officers in this regard is being held to which the court directed the decision taken and the Action Taken Report in the said meeting be placed before the court within eight weeks from today.
Court said that it cannot be denied that the opinion for renewal lies with the domain of lessor. However, in this regard, in the present case, State of J&K, court added, has to bear in mind that it is dealing with public property and they have to ensure that any decision to be taken by it must be in accordance with the mandate of several judicial pronouncements of the Apex Court that the property held in public trust by it. “The respondents have also to ensure that they are duty bound that the public interest is maximized”, court recorded.
GDA is also supposed to inform the Court with regard to the amount which the lessee/licensee were required to pay towards the grant of leases and the status of the payments by the lessees in a tabulation form as directed.
Court has already recorded that it is trite that public property is held in public trust by the respondents and has to be dealt within a non-arbitrary and transparent manner ensuring that public interest is best served.
With regard to preparation of Master Plan, authorities have submitted that Phase-I of the MP is prepared and court directed to ensure that the requisite steps for preparation and notification of the Phase-II of Master Plan are completed within the scheduled specified in the status report.
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