Get land back from encroachers at Gulmarg resort: HC to GDA

Ishfaq Tantry

Tribune News Service

Srinagar, April 11

The Jammu and Kashmir High Court has directed the authorities to complete the retrieval of the state land in possession of the encroachers at the Gulmarg tourist resort without any delay, and, wherever necessary, take help from the police to remove encroachments.

Besides, the hoteliers, who are in possession of lease, have been directed to enclose (fence) such lands by wooden fencing in the presence of the Gulmarg Development Authority and revenue officers. These directions have been issued by a Bench, which is hearing a PIL wherein the court’s intervention was sought for safeguarding eco-sensitive areas of Gulmarg and Tangmarg from illegal constructions.

“The CEO, Gulmarg Development Authority, is further directed to conclude without any further delay, the process of retrieving the land, which is in illegal occupation of encroachers. Wherever required, the DIG, Police, North circle, shall provide police assistance to the CEO, Gulmarg,” the Division Bench, comprising Justice Muzaffar Hussain Attar and Justice Ali Mohammad Magraey, said in its orders today. It also directed the CEO, GDA, to file compliance report in this regard by or before the next hearing fixed after April 27.

“The hoteliers, who are in authorised possession of leased land and wherever the lease is subsisting as on date, shall enclose (fence) such land by wooden fencing in presence of authorities of the Gulmarg Development Authority and revenue officers,” the Bench said in its orders, adding that “this direction is issued, as stated by learned counsel for the CEO, Gulmarg Development Authority, that the areas have already been demarcated, to ensure that the persons, in whose favour the lease, in respect of immoveable property, is subsisting as on date, do not encroach upon the state land.

The court directed the CEO, GDA, to “take all necessary steps for enclosing the land, which has been retrieved from illegal possession” of encroachers. If some funds are required by the CEO, GDA, the court directed the government to make such funds available for the purpose so as to “safeguard the beautiful environment of the world famous Gulmarg resort”.

In its earlier direction on March 20, 2014, the court had come down heavily on the authorities after finding out that so far no action has been taken by them on the recommendations of a panel headed by the Divisional Commissioner, Kashmir, regarding unauthorised occupation of land at the Gulmarg resort.