Excelsior Correspondent
SRINAGAR, June 7: The High Court today directed Gulmarg Development Authority (GDA) to place before it the terms and conditions under which the State land has been transferred to GDA.
The Division Bench of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul in this regard directed the GDA counsel M A Chashoo (AAG) to place the information of transferring of entire State land in Gulmarg to GDA by filing counter affidavit within one month.
The affidavit, the DB directed must be accompanied with the record wherein the terms and conditions of transfer of land were laid while transferring the State land in favour of GDA. The entire State land, it may be noted, was transferred to GDA vide Government order dated 13.6.2005 in order to boost tourism in and around the resort.
Court has passed these directions in a petition filed by one Noor Din Khan seeking construction of a shop on a piece of land which was gutted in a fire incident. The petitioner submitted that in case the land has been vested in Gulmarg Development Authority, appropriate land in lieu thereof be provided to him.
He submitted that when he approached the authorities for his grievance it has been decided to place the issue before the board committee in the year 2015 and in the routine delay by officials to decide the matter instead has been forwarded from Tourism Department to Revenue Department for certain queries.
The Revenue authorities have recommended to settle the claim of the petitioner in accordance with law on its merits as merely on account of transfer of the entire State land in Gulmarg areas to GDA for development of tourist infrastructure, the possessory right of the persons continue on the date of transfer cannot be taken away.
Thereafter the case was referred to Law Department for legal opinion and it was opined that there is no cogent evidence that the land in question was not in possession of the petitioner as such advised to address the issue at their own level in tune with the opinion tendered by the Revenue Department.
The DB also directed the GDA counsel to clearly indicate in the counter affidavit as to whether the land claimed by the Khan has also been transferred to GDA or not. Khan submitted that a piece of land measuring 1 kanal and 6 marlas was allotted to his great grandfather by the Maharaja of J&K and a bungalow and a shop was constructed for business of Kashmir Art in the shop in question.
Finally on failure of the GDA to settle the claim of the petitioner has constrained him to approach the court seeking direction that the GDA to decide the case of the petitioner for permitting him to reconstruct the gutted shop or provide him suitable and alternate site in case his land is transferred to GDA.
The Court already directed the various departments concerning with the Gulmarg tourist resort to come up with a fresh affidavit indicating therein the position of all existing buildings, details of such buildings as also the unauthorized structures and any action taken so far against violators and reiterated its ban on any construction in and around the resort.
In this regard, Gulmarg Development Authority, Tourism Department, Revenue Department, Forest Department as also the Building Operation Controlling Authority has to inform the court with regard to existing buildings and their details to the court in shape of an affidavit and indicate the unauthorized buildings existing in and around the resort and any action taken against them within a period of six weeks.
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