PIL on protection and preservation of Gulmarg
DB directs UT authorities to take a conscious decision with regard to the renewal of lease deeds
JKUT (Jammu), December-03-2021-( JNF):- In a Public Interest Litigation on protection and preservation of Gulmarg, A Division Bench of Jammu & Kashmir High Court comprising Chief Justice Pankaj Mithal and Justice Mohd Akram Chowdhary directed UT 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 and we expect 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.
When the PIL came-up for hearing, Division Bench observed that one of the controversies involved in this Public Interest Litigation is regarding repairs and construction of the buildings specially the Hotels in Gulmarg within the area of Gulmarg Development Authority.
During the course of hearig it is 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 said Policy provided for granting land on lease initially for a period of 40 years which was extendable to a maximum of 99 years. It is 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 when applied for repairs or some construction, they have been refused permission on the ground that their lease stands expired.
It is in these circumstances they have raised grievance that as the matter regarding extension/renewal of their leases is pending consideration and as they are not unauthorized occupants of the land, rather tenants by holding over, they cannot be evicted from their respective lands, more particularly in view of the condition of the lease that they are not liable to be evicted unless they are paid compensation to the structures which they raised, as such, in the meantime they may be allowed to undertake the repair work so that they may continue with their hotel business failing which they will be visited with serious civil consequences.
Admittedly, hotel owners have entered possession of the land on the strength of lease deeds and are not unauthorised occupants. They are running hotels after raising the super structures which requires repairs with the passage of time and and for improvement of hotel facilities. Therefore, they cannot be denied such repairs as it would tantamount to interfering with their right to business.
In the facts and circumstances of the case, Division Bench 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.
DB further directed the UT 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 and we expect 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.
DB further ordered that in those cases where permission has already been granted by the BOCA and has been approved by the Court but even then the applicants have not allowed to carry out the necessary repairs/construction only for the reason that the lease has expired, the BOCA/GDA would permit such applicants to carry out repairs/constructions in accordance with the permissions granted after duly verifying the correctness of facts to repair or the construction. JNF