The High Court of Jammu and Kashmir and Ladakh recently instructed the Jammu and Kashmir Land Conservation and Management Authority (LCMA) in Srinagar not to unnecessarily trouble tea sellers at the renowned floating market on Dal Lake, Srinagar [M/s Zabarwan Tea Stall v. Vice Chairman, J&K LCMA].
Chief Justice N Kotiswar Singh and Justice Wasim Sadiq Nargal issued the order in response to a petition filed by the partners of Zabarwan Tea Stall, who operated a tea stall at the floating market.
The petitioners alleged that LCMA officials frequently visited their tea stall, causing harassment and disrupting their business operations, despite the petitioners possessing valid licenses.
In a May 29 ruling, the Court noted that the LCMA cannot harass vendors who hold valid licenses.
“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.
The Court resolved the petition by directing the LCMA not to disturb the petitioners’ business unnecessarily if they held a valid license.
“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 had the right to verify the validity or genuineness of the license and take action if any vendor was found operating without a license.
“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 represented the petitioners, while advocates Illyas Nazir and Syed Muzaib appeared on behalf of the LCMA.
