High CourtsDivision Bench(2022) 06 J&K CK 0022

Jahangir Ahmad Khar & Anr vs UT Of J&K And Others

Jammu And Kashmir High Court · Decided on 27 June 2022

HON’BLE JUDGES
Pankaj Mithal, CJ · Javed Iqbal Wani, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 1210 Of 2022

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Judgment

6 paragraphs · 229 words
1.

Heard Mr. F. A. Bhat, learned counsel appearing for the petitioner and Ms. Rekha Wangnoo, GA, appearing for the respondents.

2.

Under the provisions of the J&K Water Resources (Regulation and Management) Act, 2010, and the rules framed therein, the Chief Engineer, Irrigation and Flood Control Department, is the licensing authority to grant permission to ply a boat or vessel in any water course in the State including lakes and ponds.

3.

The petitioners submit that they had applied for permission for plying Jet Ski Boats in Dal Lake vide application dated 24.09.2021, a copy of which has been filed as annexure-II to the writ petition, to the licensing authority but the same has not yet been considered though other persons have been granted similar permission/ license.

4.

In view of the aforesaid facts and circumstances, since the petitioners have applied for the license, their application is to be considered on merits.

5.

Accordingly, we dispose of the writ petition with the direction that the applications of the petitioners for grant of license to ply Jet Ski Boat in Dal Lake, be considered by the licensing authority in accordance with law and the necessary guidelines which may have been laid down from time to time ensuring that no order of the High Court or any other court is infringed upon.

6.

The writ petition is, accordingly, disposed of.