Srinagar, July 26 (KNS): The Nedous and several other Hotels in Gulmarg continues to operate on government land nearly seven years after the Jammu and Kashmir High Court ordered its eviction, following a finding that the hotel was occupying the land without a valid lease.
According to official records and the High Court judgment dated September 6, 2018, the hotel has been functioning without a valid lease since its expiry on December 31, 1985. The court noted that while the original lease granted in 1963 was for 2 kanals and 13 marlas of land, the hotel had expanded over the years to occupy nearly 98 kanals—an increase not backed by official authorization.
The Division Bench, led by then Chief Justice Gita Mittal and Justice Alok Aradhe, held the occupation to be unauthorized under the Jammu and Kashmir Public Premises (Eviction of Unauthorized Occupants) Act, 1988. It also rejected the hotel’s plea for lease renewal, citing a February 2015 government communication that declined the request.
The court ruled that renewal of lease, especially on public land, is not a matter of right and must follow a transparent process.Click Here To Follow Our WhatsApp ChannelIt noted that public land should be dealt with in a uniform and legal manner.
Before the High Court ruling, the Gulmarg Development Authority (GDA) had served an eviction notice on the hotel on March 31, 2015. An eviction order followed on April 25, 2015, after which the hotel was asked to vacate the premises within seven days. The hotel, however, challenged the order in court.
While rejecting the challenge, the High Court emphasized that filing renewal applications or depositing rent does not grant legal rights without approval from competent authorities. The court also observed that any future lease of public land must be based on open and competitive procedures.
The government, in its submissions, stated that the fencing around the encroached land had been removed and that eviction was to follow. It also claimed that documents submitted by the hotel did not fully reflect the actual extent of the lease.
Despite the court order, eviction proceedings have not been carried out, and the hotel continues its operations.(KNS)
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