Srinagar, Jul 03: The J&K High Court today over-ruled the Tourism department permissions and directed an immediate halt on constructions as well as repairs on all private properties in the ski resort of Gulmarg.
The direction followed a report by the Registrar Judicial which said “in the garb of permissions obtained by the property owners for effecting repairs, illegal and unauthorized constructions are going on in the Gulmarg”.
A division bench of the court directed “the private properties wherein permission has been granted by the Building Operations Controlling Authority (BOCA) or the Gulmarg Development Authority (GDA) for either construction or repairs, or by this court, shall be forthwith halted.”
The Registrar Judicial has also reported “encroachments are being effected on public property at Gulmarg and large-scale tree felling is taking place.”
The division bench comprising Chef Justice Gita Mitttla and Justice Rashid Ali Dar issued notices to the relevant government agencies.
It directed that all applications submitted to BOCA or the GDA for sanction of building plan, permissions for repairs or renovations shall be accompanied by a site plan of the location of the concerned property indicating its boundaries and dimensions in detail.
It should also have a proof of ownership, title of the land and a complete plan of the proposed/existing structures including the measurements. Permissions granted for raising of construction including the measurements should be included in the application, directed the court.
“The authorities shall, within fifteen days of the receipt of such documents, inspect the property in question and after physical verification of the position at site vis-à-vis documents submitted, shall record a report in writing. Only thereafter the repairs in terms of the permission granted by this court, shall be allowed to be continued,” directed the court.
The court also directed that the 17 properties detailed in the report by the Registrar Judicial shall be inspected by Abdul Rashid Bhat-II (retired District and Sessions Judge) and Nissar Ahmad Bhat (Advocate).
“No application for permission for building or repairs shall be processed without the officer examining the same in terms of the directions made by this court,” directed the bench.
