HC Gives Govt 2 Weeks For Status Report On Gulmarg Land   

SRINAGAR — The Jammu and Kashmir High Court has granted government two weeks more time to file status report regarding the recovery land at Gulmarg from the possession from those who are holding it despite expiry of leases and licenses.  

“The Gulmarg Development Authority, shall also place before this Court the geographical mapping of the segregated dust bins which have been placed in Gulmarg,” the court of Chief Justice Gita Mittal and Justice Tashi Rabstan said and ordered its registry to list the Public Interest Litigation on May 27.

 “It is trite that public property is held in public trust by the respondents (officials) and has to be dealt with in a non-arbitrary and transparent manner ensuring that public interest is best served,” the court had said previously.  

 “No person can be permitted to utilize the property with the intention of furthering of private interest of any person or authority. It has to be ensured that the maximum benefit results to the public as a result thereof,” the court had said.

As per SRO-580, the maximum period for which a lease could be granted is 40 years.

 “Obviously, no extension beyond this period is permissible,” the court had said and directed the official respondents to place on affidavit also their stand with regard to the recovery of the possession of the property where leases/licenses have expired.

On the expiry of lease/license, the erstwhile lessee/licensee acquires the status of an unauthorized occupant within the meaning of Section 2(g) of the Jammu and Kashmir Public Premises (Eviction of Unauthorised Occupants) Act, 1988, the court had underlined.

The court was hearing the PIL filed in 2012 by one Mohammad Rafiq Zargar, seeking directions for protection of fragile environment of Gulmarg.

A division bench of Chief Justice Mittal and Justice Rabstan also sought status report regarding requisite notification by the Local Bodies in respect of implementation of the Solid Waste Management Bye Laws.   

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