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 the report, a division bench of Chief Justice Gita Mittal and Justice Sanjeev Kumar directed its Registry to serve the report attesting violations to owners of Khillan Hut, Green Tree, police hut and Rosewood through SHO Police station Gulmarg.
The Court also asked the Registry to serve copy of the report to owners of Hotel Pine View, special forest division and fisheries department at Tangmarg.
Observing that on the report of the Registrar Judicial an immediate action was needed to be taken, the Court said: “Response, if any, on the observations of the Registrar Judicial be filed before the next date of hearing”.
Earlier, the Court had directed the Registrar Judicial to visit the spot and report whether Green Tree lodge and Khilan Hut were dismantled under the garb of repairs and set up as multi-storey structures.
Senior additional advocate general BA Dar told the Court that the lodge has been completely raised on the state land. He said on the basis of Crime Branch report an FIR was registered against the persons who have raised the illegal constructions.
report of Registrar Judicial: Khillan hut: It was found that three-storey concrete hotel building was constructed on more than 36 concrete columns. The building was covered by tin sheets on all sides to ensure construction was carried out secretly.
Earlier, it was found that the structure was a two-storey building. The structure was dismantled and reconstructed against the permission which was granted for repairs/renovation/retrofitting.
As per the documents, the actual lease was granted in favour of DrShabir Ahmad Malik of SaraiPayeen, Srinagar. However, it could not be ascertained as to whether the lease rights have been transferred to present property holder, Samiullah Rather who claims to be lessee of the property.
Green Tree Lodge: It was found the plinth of the lodge was 10 feet in height. The three-storey hotel building has been constructed on 36 concrete columns.
The building was covered by tin sheets aimed at carrying out the construction secretly. Earlier, it was found the structure was two-storey building only and the property owner had excavated about five feet outside the periphery /borderline of plinth.
However, the proprietor has dismantled the existing structure and reconstructed the new building in violation of permission which was granted for repairs /renovation /retrofitting.
Police Hut: A concrete wall was being constructed in sheer violation of the Court directions. The Court had directed all the property owners of the Gulmarg to enclose their premises by wood fencing. However no action seems to have been taken in this behalf by the Chief Executive Officer (CEO), Gulmarg and it was found that the construction 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 in height.
Moreover, by excavating the earth a new road in front side of the hut has been made which extends to the road already existing outside the hut. The fencing was carried out without permission of the CEO GDA.
Hotel Rosewood: it was found that the property owner has constructed the cantilever without permission of competent authority.
Hotel Pine View (Tangmarg): The repairing work was going on without permission.
Special Forest Division Tangmarg: It was found that authorities of Forest Division Tangmarg have constructed the plinth for construction of a building. However the work was carried out without permission of the Court/BOCA. Further, 15 trees including poplar trees were found in a dried condition and lying in the premises of the division.
Fisheries Building (Tangmarg): A single-storey building has been constructed. However shattering/slab work was yet to be completed and the structure has been constructed without permission of the competent authority.