Notified in 2022, J&K Land Grants Rules yet to be implemented in Gulmarg

Srinagar, July 22: Despite passing of over two and half-years since the notification of the Jammu and Kashmir Land Grants Rules, 2022, the Government is yet to implement the new framework in the world-famous tourist destination Gulmarg, allowing several hotels and commercial establishments to continue operations illegally on the government land.

In a notification dated December 9, 2022, the Government, in exercise of the powers conferred by Section 4 read with Section 9 of the J&K Land Grants Act and all other enabling provisions, notified the J&K Land Grants Rules, 2022.

The Rule 12 of the Rules of 2022 states: “All leases (except the subsisting/expired residential leases) including lease granted under the J&K Land Grants Rules, 1960, Notified Area (All Development Authorities set in Tourism Sector) Land Grants Rules, 2007 and leases expired or determined prior to the coming into force of these Rules or issued under these Rules shall not be renewed and shall stand determined.

“Such leases shall again be put to auction as per the provisions of these Rules and the Deputy Commissioner concerned shall be the authority for issuing the notice of auction”, Rule 12 further reads.

“However, majority of hotels in Gulmarg are functioning in complete contravention of these Rules and the administration has not initiated retrieval or auction proceedings in all these cases despite having full authority to do so”, the daily Excelsior quoted an official as saying, adding “this has resulted in substantial revenue losses and raised serious questions about transparency and rule enforcement”.

As per the conditions laid down under the J&K Land Grants Rules, 2022, the Government land that has been encroached upon shall not be leased to the encroacher. However, such encroached land may be leased out to any eligible person or institution or legal entity etc after eviction of the encroacher. Furthermore, in the event of any violation of the lease conditions, the lease shall stand automatically terminated and the land shall be resumed by the Government free from all encumbrances with immediate effect and without any compensation.

“Despite these clear provisions, the Rules are being openly violated, as a large number of hotels continue to occupy land beyond the extent specified in their expired leases, with no action being taken by the concerned authorities”, sources said, adding “the prolonged inaction is occurring in a highly sensitive and eco-fragile zone where unchecked commercial activity could have long-term environmental consequences”.

According to the Rules, there should be an Empowered Committee to identify and designate the land and the purpose for grant of lease, recommend the period of grant of lease, which shall ordinarily be for 40 years, monitor every lease agreement entered into and conditions thereof and recommend to the Government for cancellation of any lease.

“However, the Empowered Committee has not started performing its functions strictly as per the Rules of 2022 in respect of Gulmarg. Moreover, there is no implementation of Rule 11 pertaining to rates of premium and ground rent for the lease”, sources said, adding “it has specifically been mentioned in the Explanation appended to Rule 11 that mere deposition/recovery of the premium and ground rent shall not confer any right of occupancy unless the lease is granted by the Government”.

“Several influential hoteliers of Gulmarg, who are illegally operating after the expiry of lease period and are in the illegal occupation of adjoining land, are making all out efforts to get the Rules of 2022 modified as strict implementation of Rules will result into auctioning of entire Gulmarg as all leases except two have expired and outlived maximum period”, sources said.