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| DB directs UT authorities to take decision with regard to renewal of lease deeds | | PIL on protection, preservation of Gulmarg | | Early Times Report
JAMMU, Dec 3: In a Public Interest Litigation (PIL) on protection and preservation of Gulmarg, a division bench of Jammu & Kashmir High Court comprising Chief Justice Pankaj Mithal and Justice Mohammad Akram Chowdhary directed the authorities to take a conscious decision with regard to the renewal of lease deeds which have already expired in accordance with the policy which was in vogue when the leases were granted.
The DB observed that it expects that such a decision is taken by the UT government most expeditiously, preferably within three months and the order of this court dated 15-1-2020 will not come in way of the above decision. The DB observed that one of the controversies involved in the PIL regarding repairs and construction of the buildings especially the hotels in Gulmarg within the area of Gulmarg Development Authority.
The court was informed that in Gulmarg almost all the land is leased land and that most of the hotel owners were leased out land for a particular period under the policy of the government. The policy provided for granting land on lease initially for a period of 40 years which was extendable to a maximum of 99 years. It was submitted that the extension to lease used to be granted as a matter of course until and unless there was breach or violations on the terms and conditions of the lease.
The lease deeds of most of the owners of the hotels stand expired but their renewal or extension is not being considered by the government, rather the matter has been kept in a cold storage, with the result, almost all hotels are being run on land with expired lease. The hotel owners have been refused permission for undergoing repairs on the ground that their lease stands expired.
The DB directed the Building Operation Controlling Authority (BOCA)/Gulmarg Development Authority (GDA) to consider the applications/representations of all the applicants/hotel owners or any other person interested for the repairs/constructions of building strictly in accordance with law but ignoring the fact of expiry of the lease. Once consideration is accorded by the BOCA/GDA, the applicants would seek the approval of the court before implementing the permission or raising the construction, as has been directed by one of the earlier order of this court.
The repairs/construction that would be raised at any of the land would be subject to the ultimate decision to be taken by the Government with regard to the extension/renewal of lease.
The DB directed the authorities to take a conscious decision with regard to the renewal of lease deeds which have already expired in accordance with the policy. |
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