In a significant ruling, the High Court of Jammu and Kashmir and Ladakh has instructed the Jammu Kashmir Land Conservation and Management Authority (LCMA) in Srinagar to refrain from harassing tea vendors operating at the renowned floating market on Dal Lake, provided they hold valid licenses.
This decision was made in response to a petition filed by the partners of the Zabarwan Tea Stall, who alleged frequent harassment by LCMA officials, disrupting their business operations.
The petitioners claimed they possessed the necessary licenses to run their tea stall and accused the LCMA of unwarranted interference.
Addressing the complaint, the Court, represented by Chief Justice N. Kotiswar Singh and Justice Wasim Sadiq Nargal, emphasized that there should be no obstacles for individuals conducting licensed businesses.
“We see no reason why any impediment should be created for any person who is running a business after obtaining the necessary license,” the Court stated in its May 29 order, as reported by Bar and Bench.
The Court ruled in favor of the petitioners, instructing the LCMA not to disturb their business activities as long as they possess valid licenses. “We dispose of this petition with the observation that if the petitioners are running the business of selling tea on the basis of a valid license, the officials of the J&K Land Conservation and Management Authority shall not create unnecessary disturbances,” the order clarified.
However, the High Court also permitted the LCMA to verify the authenticity of the licenses and take appropriate legal action if any vendor is found operating without a valid 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. If the 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 stated.
Advocate Sajid Ahmad Bhat represented the petitioners, while Advocates Illyas Nazir and Syed Muzaib appeared on behalf of the LCMA.