Why Is Hotel Nedou Still Operating in Gulmarg Despite an Eviction Order?

Srinagar, July 21 (NationPress) In a surprising development, the Nedou’s Hotel in Gulmarg, J&K continues its operations despite a lapsed lease, an eviction order from the Gulmarg Development Authority (GDA), and irregularities identified by the J&K High Court regarding its possession of encroached land.

On September 6, 2018, the division bench of the J&K High Court reported significant irregularities concerning the hotel’s occupation of approximately 98 kanals and 11 marlas of government land in Gulmarg, which has been unauthorized since its lease expired in 1985.

The High Court determined that no rent had been paid since 1990, yet the hotel was still operating for commercial purposes. The court dismissed the hotel’s plea for lease renewal, affirming that the government had rejected this request in February 2015, and classified the hotel as an unauthorized occupant under the J&K Public Premises (Eviction of Unauthorised Occupants) Act, 1988.

The court remarked that simply depositing rent or submitting applications for renewal does not grant a legal right to remain in occupation. It emphasized that public properties cannot be allotted or renewed without a transparent and competitive process, asserting that lease renewal is a privilege, not a right.

Notably, the judgment disclosed that Nedou’s Hotel has encroached beyond its original lease of just 2 kanals and 13 marlas, taking over a significantly larger area of state land.

Despite the High Court’s orders for the government to reclaim all public properties from unauthorized occupants, there has been no action taken to evict the hotel or recover the land.

The lease for Nedou’s Hotel was originally renewed by a government order on July 12, 1963, for 20 years in favor of Colonel Harry Nedou, also known as Ghulam Qadir.

After its expiration on December 31, 1985, the hotel continued to operate without any legal entitlement. Renewal requests were submitted in 1994 and 2009 but were never approved. A letter from the CEO of GDA on February 4, 2015, indicated that the lease renewal was denied and eviction proceedings would commence.

The eviction notice was issued under Section 4(1) of the J&K Public Premises (Eviction of Unauthorised Occupants) Act, 1988, on March 31, 2015.

The responses from the petitioner were deemed unsatisfactory, leading to an eviction order on April 25, 2015, declaring the hotel an unauthorized occupant with a directive to vacate within seven days.

An appeal was filed before the District Judge Baramulla, but it was returned due to a pending Public Interest Litigation (PIL) before the High Court.

A writ petition was later submitted seeking to quash the eviction orders and to present the renewal case to the committee formed under the government order dated August 25, 2009.

In response, the government asserted that the lease was only for 2 kanals and 13 marlas, while the petitioner had encroached an additional 91 kanals. It was also reported that the fencing of the land had been dismantled by the authorities in compliance with the court's order.

Furthermore, the petitioner faced allegations of document concealment and misrepresentation of the lease's extent. Ultimately, the High Court concluded that the hotel had no legal rights to the land post-1985, stating that “the rejection of renewal is valid and mere acceptance of rent (if any) does not imply renewal.”

Accordingly, the High Court dismissed the petition while directing the government to ensure the recovery of public property and enforce consistent action against all unauthorized occupants, including Nedou’s Hotel.