Srinagar: The J&K High Court directed the authorities to take immediate steps for retrieval of public land which is under unauthorized occupation and encroachment.
The court called for an action taken report with regard to properties which continue to be in unauthorized occupation and are under the control of Department of Tourism.
The court of Chief Justice Gita Mittal and Justice Puneet Gupta while taking a status report dated 13 October 2020 filed by the Department of Tourism on record noted that authorities are taking the shield of J&K Reorganization Act, 2019 while submitting that the Government of India has the power to adopt laws for the government of J&K.
“It is most unfortunate that the respondents are taking recourse to the events which have intervened on 5th August 2019 and coming into force of the Jammu and Kashmir Reorganization Act, 2019,” the division bench said while adding that the issue regarding framing of policy regarding expired leases is pending for decades together.
As a result, the court noted that valuable public land continues to be exploited for commercial purposes by lessees whose leases have expired without payment of a single penny towards use and occupation charges and damage.
“Disposals of public property can be only by transparent and fair processes. Persons who are under expired leases have no right to continue to do so,” CJ Mittal said.
The Court directed the respondents to take immediate steps for retrieval of public land which is under unauthorized occupation and encroachment.
Meantime, a report was filed by the Divisional Forest Officer, Special Forest Division Tangmarg dated 11 August 2020 wherein it was stated that Khasra No. 01/1126 having an area of 1549 kanals 13 marlas stands transferred by the order dated 13 June 2005 to the Gulmarg Development Authority.
The report also said that 27 Khasras comprising 5190 Kanals and 05 marlas are in possession of the Forest Department which is recorded as Maqbooza Janglat.
The Court after taking the report on record noted that in view of the order dated 7 July 2014 in the present case, demarcation of the forest area was commenced, but it could not be completed on account of differences with the Forest Department.
However, B A Dar, AAG has informed that the Divisional Commissioner Kashmir is taking steps for resolution of the differences between the forest department and the revenue department in order to enable marking of the boundaries.
Additional Advocate General (AAG), M A Chashoo, also submitted before court that a report in this regard has been submitted to the Chief Secretary, Govt. of J&K.
“Let a status with regard to the demarcation be filed before us on affidavit by the CEO, Gulmarg Development Authority; the Secretary Revenue; the Secretary Tourism and the Secretary Forest,” court directed.
Court ordered that reports be filed under the signatures of these officers within two weeks from today.

NUSRAT SIDIQ