A report submitted by Registrar Judicial to the High Court has confirmed that seven structures, including hotels and three buildings owned by the government departments, have come up in violation of permissions at health resorts of Gulmarg and Tangmarg in Kashmir Valley.
After going through thereport, a division bench of Chief Justice Gita Mittal and Justice Sanjeev Kumardirected its Registry to serve the report attesting violations to owners ofKhillan Hut, Green Tree, police hut and Rosewood through SHO Police station Gulmarg.
The Court also asked theRegistry to serve copy of the report to owners of Hotel Pine View, specialforest division and fisheries department at Tangmarg.
Observing that on the report of the Registrar Judicial animmediate action was needed to be taken, the Court said: “Response, if any, onthe observations of the Registrar Judicial be filed before the next date ofhearing”.
Earlier, the Court had directed the Registrar Judicial tovisit the spot and report whether Green Tree lodge and Khilan Hut weredismantled under the garb of repairs and set up as multi-storey structures.
Senior additional advocate general BA Dar told the Courtthat the lodge has been completely raised on the state land. He said on thebasis of Crime Branch report an FIR was registered against the persons who haveraised the illegal constructions.
reportof Registrar Judicial: Khillan hut: It was found that three-storeyconcrete hotel building was constructed on more than 36 concrete columns. Thebuilding was covered by tin sheets on all sides to ensure construction wascarried out secretly.
Earlier, it was found that the structure was a two-storeybuilding. The structure was dismantled and reconstructed against the permissionwhich was granted for repairs/renovation/retrofitting.
As per the documents, the actual lease was granted in favourof DrShabir Ahmad Malik of SaraiPayeen, Srinagar. However, it could not beascertained as to whether the lease rights have been transferred to presentproperty holder, Samiullah Rather who claims to be lessee of the property.
GreenTree Lodge: It was found the plinth of the lodge was 10 feet inheight. The three-storey hotel building has been constructed on 36 concretecolumns.
The building was covered by tin sheets aimed at carrying outthe construction secretly. Earlier, it was found the structure was two-storeybuilding only and the property owner had excavated about five feet outside theperiphery /borderline of plinth.
However, the proprietor has dismantled the existingstructure and reconstructed the new building in violation of permission whichwas granted for repairs /renovation /retrofitting.
Police Hut: Aconcrete wall was being constructed in sheer violation of the Court directions.The Court had directed all the property owners of the Gulmarg to enclose theirpremises by wood fencing. However no action seems to have been taken in thisbehalf by the Chief Executive Officer (CEO), Gulmarg and it was found that theconstruction was still going on and about 23 concrete pillars have been constructed,each five feet tall, above the plinth. The plinth is about four to five feet inheight.
Moreover, by excavating the earth a new road in front sideof the hut has been made which extends to the road already existing outside thehut. The fencing was carried out without permission of the CEO GDA.
HotelRosewood: it was found that the property owner has constructed thecantilever without permission of competent authority.
HotelPine View (Tangmarg): The repairing work was going on withoutpermission.
Special Forest Division Tangmarg: It was found that authorities of Forest DivisionTangmarg have constructed the plinth for construction of a building. Howeverthe work was carried out without permission of the Court/BOCA. Further, 15trees including poplar trees were found in a dried condition and lying in thepremises of the division.
FisheriesBuilding (Tangmarg): A single-storey building has been constructed.However shattering/slab work was yet to be completed and the structure has beenconstructed without permission of the competent authority.