Hotel Nedous Still Occupies Public Land in Gulmarg, Despite High Court Eviction Order
Gulmarg, Jammu & Kashmir — July 22, 2025:
Seven years after the High Court of Jammu & Kashmir ordered the eviction of Hotel Nedous from prime public land in Gulmarg, no action has been taken. The hotel remains fully operational on over 98 kanals of state land, openly defying both legal authority and the public trust.
In a landmark judgment dated September 6, 2018, the High Court had declared the occupation of the land illegal after the expiration of the original lease. The petitioner, Umer Khaleel, had approached the court seeking renewal of the lease that was originally granted in 1963 for just 2.13 kanals of land. That lease expired in 1985. However, over the years, the hotel expanded to encroach on more than 98 kanals of land without any legal authority or fresh lease agreement.
The court found no justification for continued occupation of the land. It held that no person has the legal right to seek automatic renewal of a lease that has already expired, particularly when the property involved is public. The court emphasized that renewal of lease for public land must happen only through a transparent, competitive, and publicly advertised process—not as a matter of right.
In its judgment, the division bench led by Chief Justice Gita Mittal and Justice Alok Aradhe clearly stated that the petitioner was in unauthorized occupation and had no legal standing. The court dismissed the writ petition and directed the Chief Secretary of Jammu & Kashmir to ensure immediate eviction and recovery of all public land occupied without legal authority.
Despite these clear and forceful directions, the hotel has neither been vacated nor sealed. No enforcement action has been taken by the Gulmarg Development Authority or the district administration. The fencing that had been removed by authorities in compliance with earlier court directives was quietly rebuilt, and business has continued as usual.
This inaction has raised serious concerns about selective governance, administrative silence, and possible collusion. Other properties in Gulmarg with far lesser encroachments have faced swift action, including demolition and sealing. But in the case of Hotel Nedous—despite occupying land nearly fifty times the legal lease area—there has been no move by the authorities to implement the court’s order.
Legal experts and public policy advocates argue that the case represents a blatant failure of the rule of law. The court had warned against discriminatory treatment and made it clear that no one has the right to demand equal treatment in illegality. Yet, selective enforcement appears to be the norm, not the exception.
The judgment had described the state as the trustee of public property, and reiterated that such property must not be handed over to private parties without due process. The court had also ordered that details of all similar expired leases in Gulmarg be submitted for review, underscoring that land in this ecologically sensitive area cannot be allowed to remain under illegal occupation.
The continued operation of Hotel Nedous not only disregards the court’s verdict, but also undermines public confidence in the administration’s commitment to justice, fairness, and transparency. As the hotel continues to welcome tourists, the land it sits on remains a contested symbol—of powerful interests unchecked, and of justice delayed, if not denied.