Excelsior Correspondent
Srinagar, Nov 17: The High Court today directed the Government of India to constitute a committee to settle the issue of Centaur Lake view Hotel and directed for maintaining of status quo on the leased land till decision is taken.
Justice Sanjeev Kumar has disposed of the petition filed by Hotel Corporation of India (HCI) which is under lease occupation of hotel and directed the Cabinet Secretary to Government of India to constitute a committee comprising Secretary to Ministry of Civil Aviation, Secretary to Department of Home Affairs, and Secretary to Legal Affairs to adjudicate the dispute in question that has arisen between the Corporation and the Government of UT of Jammu and Kashmir.
Justice Kumar said the effort shall be made to resolve the dispute amicably by following as far as practicable the mechanism provided under Office Memorandum dated 31.03.2020 and if the parties are aggrieved by the decision of the Committee aforesaid, it shall be open to it to file an appeal under the memo before the Cabinet Secretary whose decision, on the subject, shall be final and binding on both the parties.
“Should the Committee at its level fail to resolve the dispute between the parties for any reason whatsoever, the matter shall be referred to the Cabinet Secretary whose decision shall be final and binding on all the concerned then the Committee shall be free to put on notice any Department, Officer or official of Government of India or Government of Union Territory of Jammu and Kashmir to elicit any information or record”, Justice Kumar clarified.
Justice Kumar said that the Government of India through its Cabinet Secretary to constitute a Committee within a period of four weeks from the date of judgment under intimation to the disputing parties and directed the Committee to hear all the stakeholders and finalize its decision within a period of two months. “Till a final decision on the matter is taken by the Competent Authority, there shall be status quo in respect of leased premises”, the Court directed.
The lease agreement granted by the Government of Jammu and Kashmir which has been terminated by the Secretary to the Government, Department of Tourism, Government of Jammu and Kashmir vide Notice bearing No.TSMPLG/8/2021 dated 27.12.2021 and as a consequence of termination of the lease and on failure of the petitioner-Corporation to hand over the possession of the leased premises to the respondents-department, proceedings under the Jammu and Kashmir Public Premises (Eviction of unauthorized Occupants) Act, 1988 initiated eviction process resulting into filing of instant petition by the HCI.
The High Court observed that disputes between the two limbs of Government should not be brought to the Court, to be fought for years at the expense of public exchequer.
“It would be desirable to relegate the parties to the Administrative Dispute Resolution Mechanism provided under the Office Memo,” the court observed.
“The dispute raised in this petition is, thus, a dispute between an Autonomous Body (the petitioner-Corporation) fully owned, controlled and administered by the Ministry of Civil Aviation, Government of India and the Union Territory of Jammu and Kashmir which is administered by the President of India through Lieutenant Governor who is answerable to the President through the Ministry of Home Affairs, Government of India”, the court stated.
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