Excelsior Correspondent
SRINAGAR, Aug 14: High Court while closing the applications of hoteliers of Gulmarg directed them to approach Gulmarg Development Authority (GDA) for building permission or repairs with the direction to GDA to consider the same in accordance with law and place the same before the court before its final approval.
“In the facts and circumstances of the case, we allow the applicants to move fresh applications before the BOCA/GDA for granting permission/extension or for reiteration of the permission for repairs and landscaping in the light of the earlier permissions and the same shall be considered on its own merits in accordance with law within two months, but before its implementation the BOCA/GDA shall keep it before the Court for approval”, Division Bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar directed.
As there is complete ban put by the court on any kind of construction in and around the resort as such the applications came to be filed for seeking direction upon the GDA to allow for fresh construction in tune with the permissions or repairs.
The application was moved for seeking permission to carry out repairs and renovation in the building “Hotel City View” situated at Gulmarg in light of the permissions dated 28.08.2018 and 17.05.2019. The said permissions granted to the applicant have been kept in abeyance by Deputy Commissioner Baramull.
The applicant submits that the Deputy Commissioner has no role to play in the matter and the permission, if at all, has to be granted by the BOCA. Government counsel submits that the permissions granted to the applicant were only for a limited period and now by elapse of time they have come to an end and, as such, the applicant has to seek fresh permission.
DB said, it is clarified that the Court do not intend to usurp or take over the functions of the Development Authority or the BOCA and, as such, leaves it open for the authorities to entertain applications for the repairs and constructions of the buildings in accordance with the Master Plan and the By-laws and any sanction so granted would not be implemented without the prior approval of this Court.
Another application was moved for seeking permission from the Gulmarg Development Authority to allow to carry out interior works in the premises of building “Hotel Hilltop”. It was submitted that the applicant-Aijaz Ahmad Chaya has moved an application on 21.05.2021 to the Chief Executive Officer, Gulmarg Development Authority for granting him the necessary permission but no action on it has been taken.
“It is incumbent upon the BOCA/GDA to consider the application of the applicant and pass a speaking order in accordance with law. Accordingly, we dispose of this application with the direction to the BOCA/GDA to consider and decide the above application/representation of the applicant by passing a speaking order in accordance with law, most expeditiously, preferably within a period of two months from today”, DB directed.
Dealing with another application moved by the owner of “Falak Hut” situated at Gulmarg for carry out necessary repairs and renovation of the structure in light of the permission dated 03.11.2015. court directed that it is incumbent upon the BOCA/GDA to consider the application.
One more application was moved on behalf of the Indian Army for initiating proceedings for contempt against the Chief Executive Officer, Gulmarg Development Authority for disobedience of the order dated 26.10.2018 by not permitting the renovation and repairs of High Altitude Warfare School (Army) situated in the resort in terms of the court order.
The Court directed the CEO GDA to consider the plea of applicant-Army on its own merits in accordance with law, but before its implementation the same shall be kept before the Court for approval.
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