Excelsior Correspondent
SRINAGAR, Sept 5: High Court said that the Gulmarg Development Authority (GDA) has no jurisdiction to determine the lease and quashed the order cancelling the lease granted to the petitioner by the Government.
The petitioner-Firm Indo Kashmir Carpet Industries challenged the order dated 16.10.2014 passed by the Gulmarg Development Authority, cancelling the lease of 6 kanals and 5 marlas of land located at Gulmarg.
The land was leased out to the firm, on the ground it had not utilized the leased land for the purpose it was leased out in its favour and the land is also vacant as on date and without any construction.
The firm has complained in the writ petition that though the lease stood executed, however, on account of dispute between the GDA and the Forest Department, clear possession was not handed over to the petitioner-firm and that it was not given any permission to raise construction.
Justice M A Chowdhary having regard to the discussions and arguments advanced by the parties came to the conclusion that the impugned order has been passed by an incompetent authority and without adhering to the principle of natural justice and quashed the order.
“Respondent-Government of Jammu & Kashmir shall take a fresh call on the subject as to whether the lease period, which has now expired, is to be extended or not. Respondent Tourism Department is, thus, directed to consider the matter afresh, after according right of being heard to the petitioner and to take a decision in the matter”, read the judgment.
The record reveals that the Estates Officer has not resorted to issuance of any show cause notice to the petitioner-firm, and the court said, the Chief Executive Officer GDA was not competent even to determine the lease, which had been entered between the lessee and the Government.
“As such, it was the Government of Jammu & Kashmir alone, who was competent to determine and terminate the lease in case of any contravention of the terms and conditions of the lease agreement, but the said officer who had issued the impugned order was not at all competent to determine and terminate the lease”, Court recorded.
Court said that due to a dispute raised by the Forest Department and other intervening circumstances, like eruption of insurgency in J&K, petitioner could not utilize the land.
The Government counsel submits that now when this petition is being heard and disposed off, and that the lease period of forty years is also over, therefore, the petitioner is not entitled to grant any relief at this stage.
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