Srinagar, Jun 14: The High Court of Jammu and Kashmir and Ladakh recently asked the Jammu and Kashmir Land Conservation and Management Authority (LCMA), Srinagar not to unnecessarily harass people selling tea at famed the floating market on Dal Lake, Srinagar.
Chief Justice N Kotiswar Singh and Justice Wasim Sadiq Nargal passed the order on a petition filed by the partners of the Zabarwan Tea Stall (petitioners) which sold tea at the floating market.
The petitioners claimed that the LCMA’s officials were frequently visiting the tea stall and harassing them, thereby hindering the smooth running of their business.
The petitioners asserted that they held valid licences to conduct their business.
In a May 29 order, the Court observed that the LCMA cannot harass such vendors if they hold valid licences.
“We see no reason why any impediment be created to any person, who is running business after obtaining necessary license,” the Court’s order stated in this regard.
The Court proceeded to dispose of the plea before it with a direction to the LCMA not to unnecessarily disturb the petitioners’ business if they held a valid licence.
“We dispose of this petition with the observation that if the petitioners are running the business of selling tea on the basis of the valid license, the officials of J&K Land Conservation and Management authority shall not create unnecessary disturbance in the business,” the Court said.
However, the High Court also stated that the authority would be at liberty to verify the validity or genuineness of their licence and take action if any vendor is found running a business without a licence.
“The respondents-authority would be at liberty to verify the validity or genuineness of the license, if any and to proceed in the matter in accordance with law and if petitioners are found running the business without any valid license or documents, the concerned authority shall be free to proceed in accordance with law,” the order stated.
Advocate Sajid Ahmad Bhat appeared on behalf of the petitioners.
Advocates Illyas Nazir and Syed Muzaib appeared on behalf of the LCMA.–(Bar & Bench)
