HC directs Govt to finalise Gulmarg Master Plan - watsupptoday.com
HC directs Govt to finalise Gulmarg Master Plan
Posted 17 Mar 2017 10:24 AM


The High Court directed the Government to finalize the Master Plan for Gulmarg and file compliance by next date in this regard.

The direction came after perusal of compliance report filed by Chief Executive Officer, Gulmarg Development Authority, which reflects that the final presentation of the Master Plan was made before the Chief Minister in the month of June last year and as on date is Cabinet approval is awaited. “We hope and trust that the Government will take a decision in the matter and report compliance by the next date”, directed the division bench of Justice Ali Mohammad Magrey and Justice B S Walia.

Advocate General of the State on previous date of hearing stated that the Draft Master Plan will be placed before the Cabinet for its approval and on such statement of Advocate General, court said, the Government was asked to take the decision at the earliest and file the compliance report in this behalf before the next date of hearing.

Court also took note of the date of Compliance report and observed that it appears to have conspicuously skipped to mention the date when it (Master Plan) has been submitted to the Cabinet, if at all it is submitted to it.

Deputy Advocate General representing State submitted before the court that the decision as regards the approval of the Master Plan shall be expedited and compliance reported in this regard be filed within four weeks before the court.

Court also took serious note on the issue of expiry of leases to the lessees who have been allotted the State land on lease and is still in their possession even after expiry of lease documents and expected the Government would take effective mechanism in place to deal with such cases. “Court expects the Government to take decision in the matter with its seriousness”, read the order.

In the meantime, CEO GDA submitted before the court that he has received some more applications seeking permission for renovations and repairs at Gulmarg which he has immediately referred to the Judges Committee constituted by the Court for the purpose.

“With the transfer of Jawad Ahmad, the then Registrar Judicial the Judges Committee shall now comprise of M. Y. Wani, Registrar Judicial and Farooq Ahmad Bhat, Joint Registrar Judicial. The Judges Committee shall visit the spot on any non-working day and submit its report well before the next date of hearing”, court directed the ‘Judges Committee’

Court has also been informed that no other report is filed on behalf of other state functionaries, as regards the steps taken for removal of encroachments or putting a restraint on the fresh constructions etc, because no direction to that effect had been issued is noted to be rejected only.

Court, in this connection, said: “it is a duty cast on all the functionaries of the State responsible and entrusted with the assignment of maintaining the glory and beauty of the world famous tourist resort, Gulmarg, to maintain its standard in all its forms and keep on informing this Court about any type of progress made in that direction as this Court is monitoring the progress only and that can be had only by having a firsthand account of the events taking place around the subject matter”.

Court reiterated that any sort of construction taking place or any encroachment taking place or any other activity of which a note has been taken earlier by this court from time to time, revolving around the subject is reported to this court with utmost dispatch without waiting for any specific direction in this behalf.

Meantime court directed CEO, Gulmarg Development Authority, to send all the applications of filed before him for seeking permission of renovation or repairs of structures to Judges Committee for their verification on spot and directed these applicants to deposit the fee of the Judges Committee of Rs. 10,000 within one week.
Court also directed the CEO to consider the claim of applicant (whose structures has been sealed) as the same is not in conformity with the orders padded by the court and as such pass the orders of de-sealing of the premises accordingly.

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