Excelsior Correspondent
Srinagar, Nov 29: The High Court today directed the Government to apprise the court with regard to validity of the Master Plan of Gulmarg tourist place and rules and regulation pertaining to the resort by next date of hearing.
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The Division Bench of Chief Justice Tashi Rabstan and Justice Puneet Gupta in this regard has granted two weeks time to the counsel representing the Gulmarg Development Authority (GDA) and directed him to submit a brief synopsis on the issues involved in the PIL pertaining to the resort which is pending for the last more than 12 years in order to pass a detailed order for protection and preservation of the tourist resort Gulmarg from encroachments, pollution, demarcation of land, expiry of lease etc.
The court has also sought a brief synopsis and summary from the parties reflecting therein all the rules and regulations pertaining to the Gulmarg tourist resort by next date of hearing. The bench has further directed that while submitting the synopsis the parties shall also disclose the validity of the Master Plan of the resort by or before the next date of hearing.
It is noted here that the court has previously warned for strict action in case undue advantage of court orders under the garb of allowing minor repairs of hotels and hutment structures in tourist resort Gulmarg is done by the hoteliers.
The court has already made it clear that if any authority had deliberately prevented the implementation of the Court’s order, necessary consequences will visit the concerned officials. It seems that court may close the PIL with detailed orders as such has sought brief synopsis on regulations and Master Plan of the resort in vogue.
Court has also made it clear that the order of renovation or repair by this court, will not be used while considering the claim for continuation or extension of lease. “…any deviation will be brought to the notice of this Court, if Gulmarg Development Authority is able to substantiate its claim in that event, this Court will take a serious view against the deviations made against the Court orders and pass appropriate order for demolition of such structures”.
It is apt to mention here that the court had directed the Government to frame a policy in order to address and resolve the slew of issues of famous tourist resort Gulmarg and inform the court with a comprehensive report regarding all the issues.
The policy was directed to be framed in respect of Hotels and Hutments and other structures existing in and around Gulmarg Bowl having come up either with or without permission of the authorities and are requiring repairs and maintenance on account of harsh weather conditions during winter of these structures.
With regard to cases where lease has expired and hotels and huts and other structures are existing thereupon, the court had the authorities to inform it as to whether Government proposes to extend lease in such cases.
The comprehensive report was sought that as to whether any area is clearly earmarked and demarcated for raising of construction of hotels, huts and structures and the manner and method the said unbuilt areas have to be dealt with.
Formulation of a vision document based on the considerations like Environment, Forest Lands, average number of tourists visiting in Gulmarg, existing hotels with bed capacities, sanitation, installation of bio digesters etc was supposed to be prepared by the GDA.
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