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| HC directs Govt to appoint Estate Officer, orders eviction of land encroachers in Gulmarg | | | Early Times Report
Srinagar, Aug 27 : A Division Bench of Jammu and Kashmir High Court today directed government to issue a notification to appoint Chief Executive Officer Gulmarg Development Authority as Estate Officer within a week.
The Bench comprising of Chief Justice M M Kumar and Justice A M Magrey, in turn directed the Estate Officer to proceed and exercise power under various provisions of the J&K Public Premises (Eviction of Unauthorized Occupants) Act, 1988 including sub-section 2 of Section 5, which provides for eviction of those occupying public land unauthorizedly.
"we direct that the government of Jammu and Kashmir though tourism and culture shall issue notification in exercise of power appointing the CEO GDA as estate officer for exercising powers within the Act within a period of one week. In other words a notification shall see the light of the day on or before September 4. If the notification is not issued by the aforesaid date, then keeping in view the past experiences, the present incumbent to the post of CEO shall act as estate officer and proceed to exercise power under various provisions of the act including section section(2) of section 5," the Division Bench said while hearing a Public Interest Litigation titled Rafiq Ahmad Zargar Vs State.The Division Bench passed the directions after perusal of a status report by GDA, highlighted various categories of encroachers. "Those who failed to reply have been issued eviction notice under 5 of the Act within in the period of 21 days by CEO which has expired but no action has been taken," the division bench observed.
With regard to the categories of encroachers, who have filed their replies, the GDA said that their responses have been sent to law department for legal advice.
"We are unable to appreciate the stance taken before the court by the CEO. It is more than clear to us that a deliberate attempt is being made to buy time. So our impression stand fortified because notice under Section (1) of Section 5 were repeated. The earlier CEO, Estate Officer, passed eviction orders and the time given was 21 days whereas statutory timeframe provided is seven days under Section (4) of Section 5 of the Act," the division bench said.
"These are facts which show that the CEO is not operating with the provisions of the Act," the bench said, direct the CEO to put his house in order, failing which "criminal contempt proceedings" shall be initiated against him.
Meanwhile, the court also directed Pollution Control Board to ensure that all hotels in category-A (having 20 or more rooms) install a Sewerage Treatment Plant and those in category-B (having 19 or less rooms) to have a soakage pit or septic tank in place.
"We feel more vigorous efforts are required to be initiated by the PCB, ensuring installation of STPS where number of rooms is 20 or more. In category-B, PCB has to ensure that septic tanks are in place," the bench said and directed the PCB to file the latest status report before next of hearing. |
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