Srinagar- The High Court of J&K and Ladakh on Tuesday ordered the personal appearance of two officers on October 18 in connection with the rehabilitation of some shopkeepers whose shops were gutted more than a decade ago in Gulmarg, the world famous skiing resort.
“In view of the above, respondent Nos. 3 and 4 (two officers) shall remain present in person before this Court on Wednesday i.e 18th October 2023, failing which this Court shall be at liberty to issue bailable warrants so as to secure their presence on a day thereafter,” a division bench of Justices Atul Sreedharan and Justice Rahul Bharti.
The court was hearing a contempt petition filed by shopkeepers in 2016 for the enforcement of an order passed by a division bench of the court on 10 October 2015.
The petitioners in this case had filed an appeal, being aggrieved by the order passed by the Single Judge in 2010 whereby their petition for rehabilitation was dismissed.
“The order mentioned hereinabove passed by the Coordinate Bench reflects that when the matter was listed before it on 26.05.2014 and the matter was brought to the notice of the Co-ordinate Bench that on 03.03.2011, the Chief Executive Officer, Gulmarg Development Authority, Gulmarg, addressed a letter to the Commissioner/Secretary to Government, Tourism Department, stating that the shopkeepers who are victims of fire would be rehabilitated in due course of time and as the matter is pending before this Court, the same was delayed,” the court observed, adding, “The Co-ordinate Bench further observed that the Division Bench had directed the Chief Executive Officer, Gulmarg Development Authority, to file an affidavit reflecting their intention to rehabilitate the appellants (shopkeepers) whose names figured in a communication dated 06.05.2010.”
The order then further observed that no such affidavit was filed by the Chief Executive Officer in spite of granting time. Thereafter, the Division Bench observed that the order records that the counsel for the State as well as Chief Executive Officer, Gulmarg Development Authority prayed that they be given sufficient time to rehabilitate these shopkeepers.
The division bench had disposed of the appeal with the direction to the Chief Executive Officer, GDA to effect rehabilitation of shopkeepers affected by fire within a period of six months. Thereafter, the Division Bench said, on account of inaction on the part of the officials, the petitioners were compelled to file the present contempt petition on 2 December 2016 and the same is pending till date.
“Thereafter, in order to nullify the effect of the order passed by the Co-ordinate Bench mentioned hereinabove, the noncompliance of which has led to the filing of present contempt petition, the State has filed a review petition,” the court said, adding, “On the face of it, it appears that the review petition has been filed after an inordinate delay in order to obfuscate the proceedings in the contempt proceedings. In view of the above, respondent Nos. 3 and 4 shall remain present in person before this Court on Wednesday i.09.2023, 18th October 2023, failing which this Court shall be at liberty to issue bailable warrants so as to secure their presence on a day thereafter.”
Meanwhile, the court dismissed the review petition.
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