PIL on preservation and protection of Gulmarg

HC takes serious note on illegally-occupied land

15/02/2019

SRINAGAR, FEB 14: A Division Bench of State High Court Comprising Chief Justice Gita Mittal and Justice Sanjeev Kumar took serious note of illegally-occupied land at Gulmarg.
When the PIL Came-up for hearing, Division Bench observed that on 16.10.2018 this court had taken note of the two status reports dated 15.10.2018, which were filed by Mr. Syed Haneef Balkhi, Chief Executive Officer, Gulmarg Development Authority, placing information before this Court with regard to the leases of different properties in Gulmarg.
DB said that that the issue of renewal of these leases is a serious matter which was noted on the same date.
DB further observed that it is trite that public property is held in trust by the State and delay in taking action to protect the same or to secure the best and larger interest of the public is completely intolerable. More than five months have passed without anything tangible being done with regard to the expired leases. Mr. M. A. Chashoo, AAG, informs us today that the meeting for the purpose could not be held due to unavoidable circumstances.
DB Observed that this serious matter deserves urgent attention and directed respondents to place before this Court the decision taken on the issue on or before the next date of hearing, failing which we shall be constrained to take a strict view.
DB further observed that it is to be noted here that property worth crores of rupees is being squandered at the hands of persons whose leases have expired. Such a situation brooks no delay at all.
DB further observed that the Registrar Judicial has placed a note on the file indicating therein that by order dated 15.03.2017 this Court had appointed the then Registrar Judicial, Mr. Mohammad Yousuf Wani, as a Court Commissioner with Mr. Farooq Ahmad Bhat, being a two Member Committee for inspecting / conducting site inspections in the Gulmarg area. Mr. Mohammad Yousuf Wani, stands transferred as Principal District Judge, Ganderbal, therefore, he is not in a position to discharge the functions relating to the issue at hand.
Upon this DB directed Masarat Shaheen, Registrar Judicial, will replace Mr. Mohammad Yosuuf Wani, the then Registrar Judicial. She will be assisted by Mr. Farooq Ahmad Bhat, Joint Registrar Judicial, in terms of order of this Court dated 15.03.2017.
DB further observd that first phase of Master Plan has not been put in public domain by the Gulmarg Development Authority and directed Gulmarg Developm ent Authority to ensure that the First Phase be put on their website forthwith. JNF

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