Excelsior Correspondent
Srinagar, Oct 15: The High Court today came down heavily on Gulmarg Development Authority for not placing the decision before it with regard to expired lease property in Gulmarg tourist resort and warned for passing direction to auction such kind of properties if policy decision is not taken at the earliest.
Castigating the GDA for shielding the encroachers, the Division Bench of Chief Justice Gita Mittal and Justice Puneet Gupta warned to the authority that in case policy with regard to expired lease property is not formulated, court would direct for auctioning the property and GDA would be responsible for its casual approach.
Court has many times for last more than one year asked the authorities to place before it the policy decision as to what has been done with the expired lessees in the resort but the authorities have till date failed to submit the report.
It was on May last year that GDA had informed the court that the issue has been considered by the Committee under the chairmanship of the then advisor of the Governor and issue was pending with the Law Department after which court had directed the matter be finally considered and the decision taken.
Taking tough stand on retention and withholding of public property beyond time limit, court observed the GDA counsel that it appears the authority (GDA) is shielding the encroachers which cannot be allowed at the cost of ecology of resort.
It may be mentioned that various structures in and around the resort including Hotels and other buildings whose leases have expired and the property is since in their occupation.
Court while reserving its orders observed that on one hand the lease of various properties has expired and on the other hand the properties are in the possession of lease holders and such kind of delay on party of authorities cannot be tolerated.
On the expiry of lease/license of the erstwhile lessee/licensee, the lessees are now in status of unauthorized occupant within the meaning of Section 2(g) of the Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988.
Court has already recorded it is trite that public property is held in public trust by the respondents and has to be dealt within a non-arbitrary and transparent manner ensuring that public interest is best served.
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