SRINAGAR, Aug 29:
High Court will examine the Government decision on the expiry of the lease of hotels in Gulmarg before passing the formal orders on the issue.
Observing the issue involves the public exchequer, the court granted short adjournment to the Public Interest Litigation pertaining to the lease rights of hotels in Gulmarg tourist resort in order to give time to Government for examining the issue and putting the decision before the court so that formal orders are passed by the court.
The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal adjourned the matter as the court was informed that the Sr. Counsel Syed Faisal Qadri could not appear before the court due to his health problem as also the final decision taken by the Government with regard to the fate of the hoteliers whose lease has expired has not been placed before the court.
The court was not inclined to adjourn the matter but due to not finalization of the issue as also the non-availability of the counsel appearing for hoteliers, the matter has been shortly adjourned by the court with the observation to the Government counsel to examine the issue in its entirety so that the matter be heard finally and some formal orders be passed by the court to resolve the issue.
Meantime, the court has observed both the parties to calculate the user occupational charges of the hotels post expiry lease as these hoteliers are under illegal occupation after expiry of lease. Sr. AAG Mohsin Qadri put some communication before the court in sealed cover which the court after perusal, handed over the same back with seal and asked the Government counsel to examine the issue in its entirety so that the court passes some orders on the issue of expiry of leases.
It is noted that the Government has passed J&K Re-Organization Act (Adaption of State Laws) 2020 by virtue of which the amendment in the J&K Land Grants Act of 1960 stands carried SO 668 of 2022 and its application to the lease hold rights enjoyed by the hoteliers through lease deed has been challenged by the hoteliers of Gulmarg in a batch of petition which are also pending before the court.
The amendment as also the SO of 2022 has been challenged on the ground that Section 96 of the Reorganization Act has delegated legislative powers to the Central Government whereby the executive is conferred with such authority to make adaptation and modifications to law as specified in the schedule of the Act with the stipulated time period of one year from the appointed date.
The hoteliers submit that the impugned legislative action of delegating the powers of the legislature to the Central Government is excessive in nature and beyond the constitutional realm.
The hoteliers pray that Section 96 of the J&K Reorganization Act 2019 and the orders passed there under be declared as ultra vires to the constitution and the J&K Adaption of State Laws 2020 to the extent of amendment in Land Grants Act 1096 be declared as unconstitutional and illegal.
It is noted here that Rule 12 of in the amendment of Land Grants states that after expiry of lease, such leases shall again be put to the auction as per the provision and the Deputy Commissioner shall be the authority for issuing the notice of Auction as per Form-II.
It is noted that the Gulmarg Development Authority (GDA) in the month of November, 2019 had admitted before the court that most of the leases have expired and rent for several properties have not been recovered and till date the authorities at the helm of affairs have failed to deal with the illegal occupants of public property and the court had taken tough stand on retention and withholding of public property beyond time limit.