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| HC stays demolition notice issued by Tehsildar Ramsoo | | Demolition notice to stone crusher | | Early Times Report
JAMMU, Mar 4: In a significant order Justice Puneet Gupta of Jammu Kashmir & Ladakh High Court (Jammu Wing) has stayed the operation of notice dated February 26, 2022 issued by Tehsildar Ramsoo whereby M/s Alamdar Stone Crusher, Sujmatna Ramsoo was directed to vacate the premises within three days failing which the same shall be demolished.
The court also issued notices to the Commissioner/Secretary, Revenue Department, District Development Commissioner Ramban, SDM Ramsoo, Tehsildar Ramsoo and General Manager DIC, Ramban returnable within four weeks. The aggrieved stone crusher through its partner Anzer Amin had challenged demolition notice issued by Tehsildar Ramsoo by filing a writ petition in the High Court through Advocate Irfan Khan.
Advocate Irfan appearing for the petitioner submitted that the impugned notice is bad in the eyes of law being illegal and arbitrary besides the same has been issued without adhering to the mandate of law. He during the course of arguments invited the attention of the court towards an agreement of lease entered between the land owners and partners of M/s Alamdar Stone Crushers which was executed before Learned Sub Registrar Banihal and all the NOCs issued by different authorities only after which the stone crusher was installed and is running strictly as per the norms.
The action of the respondents is illegal and he cannot be thrown out arbitrarily at the cost of livelihood. Advocate Irfan submitted that though right to property has been taken away from the purview of fundamental right but the Supreme Court of India has held that right to property is still a constitutional and human right and the persons cannot be deprived of their property without having recourse to legal provisions. Justice Gupta directed that in the meantime, impugned notice dated 26.02.2022 shall stay. |
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