Srinagar:
The Jammu and Kashmir High Court has closed the Gulmarg land lease case after a mass withdrawal of petitions. The hoteliers have told the court that they will opt for an administrative settlement after a four-year-long legal battle to retain the user rights on government land.
Almost all the hotels in Gulmarg, India’s finest skiing destination, are facing a threat of closure and risk of public auction following a change in land laws under direct central rule in 2022. The new laws have ended automatic lease extensions and user rights on leased government land.
Officials say the lease period of all properties in Gulmarg has expired, and the ‘sword of Damocles’ is hanging over the head of hoteliers and other businesses in Gulmarg.
The move to withdraw petitions and subsequent court decision to dispose of the case was made after multiple hearings and both sides completing their arguments.
As the verdict in the case was expected anytime, senior lawyer Zaffar Ahmad Shah, appearing for the petitioners, requested permission to withdraw the petitions.
Mohsin Qadri, Additional Advocate General, representing the government, didn’t object. He informed the court it was open to a “fair, reasonable and equitable” solution and assured that any representations filed within two weeks would be considered after hearing the petitioners.
A bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, allowed the withdrawal, stating that the petitioners want to approach the government with representations to settle the dispute.
The court observed that a considerable judicial time had already been spent on the matter and the proceedings would likely have concluded, but for the changed stance of the parties.
Taking note of the submissions by petitioners, the court said there was no need to examine the merits and disposed of the petitions accordingly.
In 2022, the Union Territory Administration had asked all those holding on to these properties to immediately handover the possession of the land taken on lease to the government, failing which the outgoing lessee shall be evicted.
The affected businesses and hoteliers challenged the government decision and approached the J&K high court. But when the case was at the last stage and before a possible verdict in coming days, both the parties say they will opt for a resolution by the government.
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