Jammu and Kashmir High Court Orders LCMA to Refrain from Harassing Tea Sellers at Dal Lake Floating Market

 

Introduction

In a recent judicial decision, the Jammu and Kashmir High Court directed the Jammu and Kashmir Land Conservation and Management Authority (LCMA) to cease the harassment of tea sellers operating at the Dal Lake floating market. This ruling was issued in response to a petition from the proprietors of the Zabarwan Tea Stall, who claimed that LCMA officials were disrupting their business activities despite their holding valid licenses.

Petitioners' Claims

The petitioners, partners of the Zabarwan Tea Stall, alleged that LCMA officials were frequently visiting their stall and creating unnecessary obstacles, thereby hindering the smooth operation of their business. They asserted that their tea stall was legally licensed, and therefore, the actions of the LCMA officials were unwarranted and intrusive.

Court's Observations

Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal presided over the case. In their observations, the judges made it clear that there should be no hindrance to the business operations of individuals who possess the necessary licenses. The court explicitly stated that as long as the petitioners were operating within the legal framework, they should not face unnecessary disturbances from LCMA officials.

"We see no reason why any impediment be created to any person, who is running business after obtaining necessary license," the court's order emphasized, underscoring the legal protection afforded to law-abiding vendors.

Court's Directive

The court disposed of the petition with a clear directive to the LCMA: refrain from creating any unnecessary disturbances in the petitioners' business if they are operating with a valid license. This order is intended to ensure that licensed vendors at the Dal Lake floating market can conduct their business without unwarranted interference.

However, the court also provided LCMA the liberty to verify the authenticity of the vendors' licenses. The order stated that if any vendor is found operating without a valid license, the LCMA is free to take appropriate legal action.

"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 court noted.

Legal Representation

Advocate Sajid Ahmad Bhat represented the petitioners, while advocates Illyas Nazir and Syed Muzaib appeared on behalf of the LCMA. The case highlights the importance of legal compliance and the judiciary's role in protecting the rights of licensed business operators from undue administrative harassment.

Conclusion

The Jammu and Kashmir High Court's ruling in favor of the Zabarwan Tea Stall's petition against LCMA harassment sets a precedent for the protection of licensed vendors. By affirming the right of legally compliant business operators to conduct their activities without unnecessary disturbance, the court has reinforced the principles of fair business practices and administrative accountability.

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