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2010 Supreme(J&K) 591

Sunil Hali
Mohd. Tariq Reshi – Appellant
Versus
State – Respondent


Advocates Appeared:
R.A. Jan, S.A. Vakil.

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 Minister for investing in development projects in the State of Jammu & Kashmir, petitioners established a unit for the activity of manufacturing, processing and cultivation of Aromatic/Medicinal plants and cut flower. In order to establish such unit, petitioners purchased 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 heritage 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 petition. The respondents issued a notice to the petitioner on 15th of March, 2006 asking him as to why single storeyed s



















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