
Srinagar, 18 March (H.S.):The High Court of Jammu & Kashmir and Ladakh has disposed of a batch of writ petitions in the high-profile case of Gulmarg hotels’ land lease after petitioners sought withdrawal to pursue resolution with the government.
A bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, earlier this month allowed the withdrawal, noting that the petitioners intend to approach the government with representations to settle the dispute.
In 2022, the union Territory administration led by the Lieutenant Governor introduced the J&K Land Grant Rules, marking a significant policy shift in Jammu and Kashmir. Under the new framework, the practice of extending leases after their expiry was discontinued, and such properties are to be put up for auction through open bidding, making them accessible to any Indian citizen.
The impact is particularly evident in the tourist resort of Gulmarg, where a majority of hotels are built on leased land. As 55 leases have expired among 59 hotels leaving proprietors at risk of eviction and auction.
The High Court had already heard the case several times and the petitioners’ lawyers had completed their arguments.
However, at the last stage on the day of hearing the petitioners’ senior lawyer Z. A. Shah, requested permission to withdraw the petitions.
They wanted to approach the government first to resolve the dispute through representation instead of continuing the court case.
The government, through Senior AAG Mohsin Qadri, informed the court it was open to a “fair, reasonable and equitable” solution and assured that any representations filed within two weeks would be duly considered after hearing the petitioners.
Taking note of the submissions, the court said there was no need to examine the merits and disposed of the petitions accordingly.
Several connected contempt petitions were also disposed of as infructuous, while some writ petitions were dismissed as withdrawn on instructions from counsel.
The court, however, observed that 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.
“In the wake of the position sketched out above and in terms of the statement made by learned counsel for the respective parties, we are not required to delve any further into the merits. Accordingly, all these petitions are disposed of in the above terms,” the Bench order read.
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Hindusthan Samachar / Krishan Kumar