Excelsior news treated as application
Fayaz Bukhari
Srinagar, Oct 25: The State High Court today directed the Station House Officer Gulmarg to proceed on spot and ensure that no illegal construction shall take place in famous tourist resort of Gulmarg.
Taking serious note of news published in Excelsior with regard to illegal construction in famous tourist resort of Gulmarg in violation of Court orders and building permissions, the Division Bench of Chief Justice Gita Mittal and Justice Rajesh Bindal treated the news item “Illegal Construction in Gulmarg, Administration hand in glove” as application.
The DB directed the SHO Gulmarg to ensure that no construction is affected on these properties (Green Tree Lodge and Khilan Hut).
Court said the said report showed that under the garb of repairs, two huts have been dismantled and are being constructed in violation of court orders.
Court has also directed the Registrar Judicial of the High Court to visit the spot and report the Court about the construction in question. Court has also issued notice to Chief Executive Officer (CEO) Gulmarg Development Authority (GDA) and directed him to report the Court with regard to illegal constructions in and around the resort.
Court has also recorded that it appears the owners of the buildings had approached the court for repairs of their structures and not for re-construction as the GDA is under court direction that not to grant any permission for repairs or renovation of structures in Gulmarg unless a complete and detailed plan of the proposed/existing structures including the measurements and permissions granted for raising of construction of the existing structures including the measurements is accompanied with the application.
Meantime, Court called the Secretary Revenue for settling the issue of leases which are and are not existing in the resort. Taking note 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.
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 had observed that on one 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.
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