Abrar A. Mattoo
GULMARAG, July 15: By order of the Jammu and Kashmir high court, all the constructions, reconstruction, and renovations at Gulmarag are banned, but that seems hardly enough to prevent the construction works at Gulmarag from taking place. While the administration sleeps, the hoteliers are blatantly violating the court order and carrying construction works in full swing.
One such case is the ongoing construction of a large multi-story hotel at Gulmarag by the name of Khilan Hut. According to the documents obtained by Kashmir Despatch, the lease for a quantum of 2 Kanals, vide Govt. order No: 753-UD of 1979, dated 23-08-1979, was granted in favor of Dr. Shabir Ahmad Malik, son of Ghulam Hassan resident of Sarie-Payeen, Srinagar. Subsequently, the lease expired on 23-August -2019, nevertheless, the Gulmarag authorities failed to cease or raze the construction on Khilan Hut. Deputy Commissioner Baramulla, Sub-district Police Officer Gulmarg, and Chief Executive officer of the Gulmarg Development Authority and various other government agencies including Sub-district Magistrate and Municipal Chairperson Gulmarag, are all authorized to take cognizance of the illegal construction at Gulmarag. However, thus far, all have failed to take note of the construction on Khilan Hut.
Surprisingly, only three months ahead of the expiry of the lease on Khilan Hut, Boca permission was granted in the favor of the lessee to carry renovation, repair, and retrofitting in the existing structure.
Though the permission was valid for only nine months, the owner resorted to raising a multiple-story building at its place.
On 15 October 2020, a group of lawyers had already raised this query in J-and-K high court, that in Gulmarag, case after case applications were being made for building permissions. On several occasions, these requests were couched as permission for renovation/repairs. Under the shield of the permission so obtained, large-scale unauthorized constructions, expansions, and encroachments are being effected.
The lawyers further said: “Most of these permissions are being sought and carried out by persons who have no right in the lands at all. It is imperative to check this illegal activity as the unauthorized construction in this eco-fragile area is irreversibly damaging the environment. The damage is such that it cannot be compensated monetarily. Not only the present populace, but the generations to come will have to pay the price for the environmental degradation.”
Ironically, another Gulmarag Development Authority document revealed that the owner of the Khilan Hut was illegally occupying an excess of 12 Marlas of forest land, in addition to the 2 Kanals of land over which his lease has ended two years ago.
“They allow the hoteliers to raise construction and once the deal is out in the public, or if there is a reaction, the authorities would come and stop the construction. Once the matter subsides, the hotelier would again start the construction and again the construction would be stopped. This is a continuous process that works in the favor of hoteliers, because this way, while the authorities put up a fake show of duty, the hoteliers can raise immense constructions illegally. Though the court’s directions in the case of illegal construction are to destroy the construction and cease the structure in the case of illegal repairs, the verdict of the court is never followed, because then it would be against the interest of the hoteliers. The constructions at Gulmarg is one of the most grievous cases of complicity, and it’s never properly taken cognizance of,” Dr. Hamid Wani, a local activist lamented, while talking to Kashmir Despatch.
“There are four check posts on Tangmarg to Gulmarag road, which is the only entry to the meadow. At every check-post, guards from Gulmarag Development Authority, Police, and forest department are posted 24/7. Therefore, the question that arises is how do the hoteliers manage to ferry the building material to Gulmarg?” Tariq Ahmed, a local shopkeeper asked, while talking to Kashmir Despatch.
“We shopkeepers are not even allowed to use a sheet of plywood to add a shelf to our shop, but the question is how are they overlooking the large constructions by these wealthy, influential hoteliers. It’s all a matter of money and power,” another shopkeeper added.
However, when Kashmir Despatch reached Executive Engineer Gulmarg Development Authority Lala Sahab, the official in charge feigned ignorance in the matter. Consequently, when Assistant Executive Engineer at Gulmarg Development Authority, Mr. Abdul Majeed Bhat was reached by Kashmir Despatch, he was quick to respond that indeed hotel Khilan Hut was illegally constructing a building a place where an old hut stood in the past.
“Few days, a squad from Gulmarg Development Authority visited the spot. It was found that the hotelier was raising internal walls, and subsequently, the work was stopped. We have given the owner a few days to produce the requite paperwork, building plan, and permission, failing which the construction would be demolished,” the official added further.
