MOHAMMAD TARIQ RESHI Vs. STATE

JUDGEMENT

(1.) With the consensus of learned counsel for the parties, this petition is taken up for final disposal at its admission stage.

(2.) Motivated by the erstwhile Chief Min-ister for investing in development projects in the State of Jammu & Kashmir, petition-ers established a unit for the activity of manu-facturing, processing and cultivation of Aro-matic/Medicinal plants and cut flower. In order to establish such unit, petitioners pur-chased land measuring 152 kanals and 02 marlas from its erstwhile owners, situated at Zeetyar Boulevard, Srinagar. The acquired property in addition to land, consist of one single storeyed tin roofed building, a single storeyed annexy, garage and a tin roofed shed with land underneath and appurtenant thereto. These structures were constructed prior to 1971 by the erstwhile owners.

(3.) In order to establish eco-friendly heri-tage park as well as floriculture project, two green houses were set up by the petitioners for the purposes of nurturing the plants. It is the setting up of two green houses which has triggered controversy in the present writ pe-tition. The respondents issued a notice to the petitioner on 15th of March, 2006 asking him as to why single storeyed structure raised by them may not be demolished in pursuance to the directions issued by this Court in OWP (PIL) No. 159/2002.