Arguments on Gulmarg lease, PIL on environmental issues to be heard on next date of hearing: J&K High Court

The Jammu and Kashmir High Court on Wednesday (September 17, 2025) said arguments on the Gulmarg lease issue and the public interest litigation (PIL) petition pertaining to environmental issues would be heard on the next date of hearing, as the Additional Advocate General (AAG) did not receive any further written instruction in the matter from the Jammu and Kashmir government.

The Division Bench, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, adjourned the Gulmarg lease case along with the PIL plea to October 27 after hearing the arguments presented by Senior Additional Advocate General Mohsin-ul-Showkat Qadri to the court. Mr. Qadri informed the Division Bench that he did not receive any instruction from the government except for defending the Land Grant Rule 2022. He pleaded for hearing the arguments in the matter to arrive at a final decision.

In August, the High Court sought a final stand of the government in the matter, following two separate opinions submitted by the Raj Bhawan and the Chief Minister’s Office in sealed covers. The Raj Bhawan’s stand was submitted through the Additional Advocate General and the Chief Minister’s stand through the Special Secretary, Law Department.

Senior Advocate Zafar Shah raised the point about the final position of the government before the court. “We are not sure if the High Court considers the Chief Minister’s or the Raj Bhawan’s stand as the final one. We presume the two stands were differing and one favouring the petitioners,” Mr. Shah said. He also clarified the stands of the Chief Minister’s Office or the Raj Bhawan were not revealed to them.

Officials said the Chief Minister’s Office was favouring a committee to look into the matters of Gulmarg and the L-G office pushed for implementing the Land Grant Rules 2022.

With the Jammu and Kashmir government’s final stand not presented before the court, the stage is set for hearing the arguments from both sides to decide the matter.

Around 50 hotels in tourist hotspot of Gulmarg are unable to extend the lease periods after the Lieutenant Governor (L-G) drafted new rules, Jammu and Kashmir Land Grant Rules in 2022, and replaced the Jammu and Kashmir Land Grants Rules-1960 in 2022. At least 10 hoteliers have challenged the rules, which deny them the right to apply for lease again. The hoteliers fear outsiders too will be allowed to participate in the auction for the first time. The new rules insist on open bidding to “any person legally competent under Section 11 of the Indian Contract Act, 1872.” In the past, only locals were eligible for such leases.