Gulmarg, Jammu & Kashmir — July 31, 2025
In the heart of Gulmarg’s breathtaking meadows, where tourists flock to witness snow-draped peaks and vibrant wildflowers, a grave injustice persists. For seven years, Nedous Hotel has defied a High Court order to vacate illegally occupied public land, operating with impunity while locals and activists cry foul. This saga of administrative inaction, selective enforcement, and suspected collusion—now underscored by videos, audio commentary, and photos sent to public television, including evidence of Nedous’s official truck tied to new illegal construction—has ignited outrage among Gulmarg’s residents, who question whether justice is only for the powerless.
A Clear Court Order Ignored
On September 6, 2018, the High Court of Jammu & Kashmir, in a landmark ruling (Umer Khaleel vs. State of Jammu & Kashmir), ordered the eviction of Nedous Hotel from 98 kanals and 11 marlas of prime public land in Gulmarg. The court, led by then-Chief Justice Gita Mittal and Justice Alok Aradhe, found that the hotel’s original lease, granted in 1963 for just 2 kanals and 13 marlas, expired in 1985. Since then, the hotel encroached on an additional 91 kanals without legal authority and ceased paying rent in 1990, all while reaping commercial profits.
The court was unequivocal: public land is a trust, not a resource for private gain. It dismissed the hotel’s plea for lease renewal, emphasizing that renewal is a privilege, not a right, requiring a transparent, competitive process. The court directed the Chief Secretary of Jammu & Kashmir to evict unauthorized occupants and recover the land immediately. Yet, as of July 2025, no eviction has taken place. Public television has received videos, audio commentary, and photos, including images of an official truck allegedly facilitating new illegal construction—a glass-framed luxury block built in 2016 on encroached land. The fencing, once demolished by authorities, has been quietly rebuilt, and the hotel continues to operate unabated.
A Double Standard in Enforcement
The administration’s inaction contrasts sharply with its swift crackdowns on Gulmarg’s small-scale vendors and workers. Ponywalas, shopkeepers, and tourist guides face harsh penalties for minor infractions, while Nedous Hotel, occupying land nearly 50 times its original lease, faces no repercussions. The High Court warned against such discriminatory treatment, stating that no one has the right to demand equal treatment in illegality. Yet, the disparity is stark: smaller encroachments in Gulmarg are demolished, while Nedous, a symbol of elite privilege, remains untouched.
Advocate Ishaq Tajamul Mir (DDC Tangmarg) expressed outrage: “This is a brazen violation of court orders. The administration’s silence is nothing short of complicity.” Abdul Karim Dar, a local resident, added: “Constructions are happening in broad daylight while poor locals are harassed for minor infractions. This selective justice must end.” Their words capture the growing anger among Gulmarg’s residents, who feel betrayed by a system that punishes the powerless but spares the influential.
Whispers of Collusion and New Evidence
The administration’s failure to act raises serious questions. Why has the Gulmarg Development Authority (GDA), which issued a sealing order in 2015 (upheld by the Supreme Court in 2018), allowed the hotel to remain operational? Why has the Chief Secretary not enforced the court’s 2018 directive? Recent submissions to public television, including videos, audio commentary from concerned citizens, and photos of Nedous’s official truck allegedly involved in new construction, have fueled suspicions of collusion. A local leader, requesting anonymity, stated: “The Nedous case is proof that powerful interests are being shielded while the law is used only against the powerless.” Posts on X have suggested ties between the hotel’s ownership and influential political figures, though these claims require verification.
In 2023, authorities claimed to have retrieved 40 kanals of state land from Nedous Hotel at MA Road, Srinagar. Yet, in Gulmarg, where the bulk of the encroachment—98 kanals—remains, no progress has been reported. This prime land, in an ecologically sensitive tourist hub, continues to be exploited, undermining both the environment and public trust.
Is Justice Only for the Powerless?
The Nedous saga exposes a painful reality: in Jammu & Kashmir, the law seems to bend for the powerful. While small-scale encroachers face bulldozers, a commercial giant like Nedous profits from public land without paying rent for over 30 years. The Supreme Court’s 1985 Olga Tellis vs. Bombay Municipal Corporation ruling emphasized due process for encroachments born of necessity, but Nedous is no struggling vendor—it’s a business thriving on illegal occupation. The administration’s leniency here contrasts sharply with its aggressive stance against less privileged groups, leaving many to wonder: Is justice only for those without influence?
Gulmarg’s residents, who depend on tourism for their livelihoods, feel the sting of this double standard. The hotel’s defiance stands as a mockery of the judiciary and a betrayal of public trust.
A Call for Accountability
The continued operation of Nedous Hotel on encroached land is more than a legal failure—it’s a wound to Gulmarg’s soul. The administration must answer for its inaction. Why has the GDA not sealed the property? Why has the Chief Secretary ignored the court’s mandate? What is being done about allegations of collusion, now bolstered by videos, audio, and photos showing new illegal construction?
The people of Gulmarg demand action. The administration must recover the 98 kanals of public land, hold officials accountable for their inaction, and ensure the rule of law applies to all, not just the powerless. Until then, the Nedous Hotel saga will stand as a stark reminder that justice, too often, bows to power and privilege.