Gulmarg Lease Row: HC Closes Petitions As Hoteliers Seek Govt Talks

(MENAFN- Kashmir Observer) Srinagar- The High Court of J&K and Ladakh has disposed of a batch of petitions concerning the high-profile Gulmarg hotels' land lease issue, after petitioners sought permission to withdraw the cases in order to pursue a resolution with the government.

A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal allowed the withdrawal earlier this month, noting that the petitioners, mostly hoteliers, intended to approach the government with representations to settle the dispute amicably.

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The case arises from the 2022 introduction of the J&K Land Grant Rules by the Union Territory administration, which marked a significant shift in land lease policy. Under the new rules, leases would no longer be automatically extended after expiry. Instead, properties are to be put up for auction through open bidding, making them accessible to any Indian citizen.

The impact is particularly pronounced in Gulmarg, where a majority of hotels are built on leased land. Of the 59 hotels in the resort, 55 leases have expired, leaving proprietors at risk of eviction and public auction. The High Court had heard the matter on multiple occasions, with the petitioners' lawyers having concluded their arguments.

However, on the day of the last hearing, senior counsel Z. A. Shah requested withdrawal to allow the petitioners to first approach the government with their representations. In response, Senior Additional Advocate General Mohsin Qadri assured the court that the government was open to a“fair, reasonable and equitable” solution, and that any representations filed within two weeks would be duly considered after hearing the petitioners.

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Several connected contempt petitions were disposed of as infructuous, and some writ petitions were dismissed as withdrawn on instructions from counsel. The Bench noted that considerable judicial time had already been invested in the matter, and observed that the proceedings might have concluded but for the changed stance of the parties.

“But before we part with the matter, we may hasten to record that we had heard these petitions at length on numerous occasions and invested considerable judicial time to take the matter to its logical end,” the court said, adding,“And but for the changed position that has emerged before the Court, possibly we would have concluded the proceedings today itself.”

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