Srinagar: The J&K High Court on Tuesday heavily came down on Deputy Commissioner Baramulla for failing to comply with court orders regarding recovery of all properties which are under illegal occupation in Gulmarg.
The court directed the officer to file an action taken report or else contempt proceedings will be initiated against him.
The division bench of Chief Justice Gita Mittal and Justice Puneet Gupta recorded that pursuant to their order dated 10th August 2020, the Deputy Commissioner Baramulla had constituted a team of officers by an order dated 13th August 2020 to conduct a spot verification/ demarcation.
“It appears that other than appointing the Committee, no action seems to have been taken by the Deputy Commissioner, Baramulla,” the bench said, adding that its order had not been complied with.
“We had passed a specific order on 10th of August, 2020, which has to be complied with,” the bench said.
The bench directed the Deputy Commissioner Baramulla to ensure that the orders passed by the court directing recovery of all properties under illegal and unauthorised occupation, including encroachments, are complied with.
“He shall file an action taken report before the next date of hearing,” the court directed the officer.
The bench also made it clear that in case action taken report is not filed as ordered, the court will be compelled to initiate proceedings under the Contempt of Courts Act 1997.
Meantime, a report was submitted before the court mentioning that chemicals were being used in Gulmarg which result in dying of trees. The court after hearing the submission said that the matter needs to be urgently looked into.
In this regard, the court directed the Principal Chief Conservator of Forests as well as Chief Conservator of Forests, Kashmir Division, to ensure that the matter pointed out in the report regarding the dying of trees is looked into.
“They shall conduct the physical inspection and take action in accordance with law and an action report shall be filed before the next date of hearing,” the court directed.
During the hearing, senior counsel AH Naik appearing for Hotel Hilltop submitted that the respondents had retrieved the encroached land which had been in unauthorised occupation of the hotel.
The court will again hear the matter on February 2.

NUSRAT SIDIQ