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The Jammu and Kashmir High Court recently directed the Jammu and Kashmir Land Conservation and Management Authority (LCMA) in Srinagar not to harass tea sellers at the Dal Lake floating market, as long as they have valid licenses. This decision came in response to a petition filed by the partners of Zabarwan Tea Stall, who complained that LCMA officials were frequently visiting and disturbing their business.
The High Court’s order was passed by Chief Justice N Kotiswar Singh and Justice Wasim Sadiq Nargal on May 29. The petitioners argued that they were being unnecessarily harassed despite having the required licenses to sell tea at the floating market. They claimed that this harassment was disrupting their business operations.
In their order, the judges emphasized that no obstacles should be placed in the way of anyone running a business legally with the necessary licenses. The Court made it clear that the LCMA officials should not disturb the petitioners’ business if they have a valid license.
The Court’s statement read, “We see no reason why any impediment be created to any person, who is running business after obtaining necessary license.” This means that as long as the tea sellers are following the rules and have the right permits, they should be allowed to operate without any trouble.
However, the High Court also gave the LCMA the authority to check the authenticity of these licenses. If any vendor is found operating without a valid license, the LCMA can take legal action against them. The Court stated, “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.”
Advocate Sajid Ahmad Bhat represented the petitioners, while Advocates Illyas Nazir and Syed Muzaib represented the LCMA.
In summary, the High Court has protected the rights of tea sellers at Dal Lake to operate without harassment, provided they have valid licenses. The LCMA can still check licenses and take action if any vendor is found operating illegally.